Salas et al v. International Union of Operating Engineers et al

Filing 300

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 299 . (See Order for details) [Note Changes Made By The Court] (bem)

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Richard A. Clark SBN 39558
Michael B. Mellema SBN 247323
PARKER, MILLIKEN, CLARK, N O T E : C H A N G E S M A D E B Y T H E C O U R T
O’HARA & SAMUELIAN
A Professional Corporation
555 S. Flower St., 30th Floor
Los Angeles, California 90071-2440
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Bert Tolbert,
Patricia Waggoner and Kenneth
Waggoner

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARIO SALAS, et al.,
Plaintiffs,

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v.

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Case No. 2:12-cv-10506 DDP (JPRx)
Judge: Hon. Dean D. Pregerson
Magistrate: Hon. Jean P. Rosenbluth
STIPULATED PROTECTIVE ORDER

INTERNATIONAL UNION OF
OPERATING ENGINEERS, et al.,

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Defendants.

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1.

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A. PURPOSES AND LIMITATIONS
Discovery in this action will involve the parties’ production of confidential,

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disclosure and from use for any purpose other than prosecuting this litigation is

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

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

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

proprietary, or private information for which special protection from public

under the applicable legal principles. The parties further acknowledge, as set forth

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STIPULATED PROTECTIVE ORDER
447191

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in Section 12.3, below, that this Stipulated Protective Order does not entitle them to

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file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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This action involves and will necessitate the parties’ disclosure of certain

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confidential, private and/or proprietary information for which special protection

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from public disclosure and from use for any purpose other than prosecution of this

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action is warranted. Such confidential and proprietary materials and information

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consist of, among other things, documents reflecting personal identifying

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information and private financial information of trust fund plan participants and

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beneficiaries, personal financial information belonging to plaintiffs and the

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individual defendants, payroll and personnel records of certain employees of the

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trust funds, Local 12 and/or Operating Engineers Funds, Inc. (“OEFI”), private

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financial information, including accounting records, financial statements, bank

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records, audit reports, and tax returns of Local 12, trust funds and OEFI, as well as

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written discovery responses and deposition testimony referring or relating to such

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matters — all of which information is generally unavailable to the public and/or

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may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly, to expedite the

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flow of information, to facilitate the prompt resolution of disputes over

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confidentiality of discovery materials, to adequately protect the private information

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of both the parties and third parties and such other information as the parties are

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entitled to keep confidential, to ensure that the parties are permitted reasonable and

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necessary uses of such material in preparation for and in the conduct of trial, to

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address their handling at the end of the litigation, and serve the ends of justice, a

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

B. GOOD CAUSE STATEMENT

protective order for such information is justified in this matter. It is the intent of the

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STIPULATED PROTECTIVE ORDER

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parties that information will not be designated as confidential for tactical reasons

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and that nothing be so designated without a good faith belief that it has been

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maintained in a confidential, non-public manner, and there is good cause why it

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should not be part of the public record of this case.

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2.

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DEFINITIONS
2.1

Action: this pending federal law suit, entitled Mario Salas et al.

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v. International Union of Operating Engineers et al., Central District Case

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No. 2:12-cv-10506 DDP (VBKx).

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2.2

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information

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(regardless of how it is generated, stored or maintained) or tangible things

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that qualify for protection under Federal Rule of Civil Procedure 26(c), and

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as specified above in the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as

well as their support staff).
2.5

Designating Party: a Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to

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discovery as “CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that are produced or generated in disclosures, depositions or

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in response to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

matter pertinent to the litigation who has been retained by a Party or its
counsel to serve as an expert witness or as a consultant in this Action.

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STIPULATED PROTECTIVE ORDER

2.8

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House Counsel: attorneys who are employees of a party to this

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Action. House Counsel does not include Outside Counsel of Record or any

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other outside counsel.
2.9

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Non-Party: any natural person, partnership, corporation,

association, or other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees

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of a party to this Action but are retained to represent or advise a party to this

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Action and have appeared in this Action on behalf of that party or are

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affiliated with a law firm which has appeared on behalf of that party, and

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includes support staff.
2.11 Party: any party to this Action, including all of its officers,

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directors, employees, consultants, retained experts, and Outside Counsel of

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Record (and their support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure

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or Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing

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exhibits or demonstrations, and organizing, storing, or retrieving data in any

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form or medium) and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that

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is designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

S COP E

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

The protections conferred by this Stipulation and Order cover not only

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

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STIPULATED PROTECTIVE ORDER

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

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presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

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

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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

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

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

Mass, indiscriminate, or routinized designations are prohibited. Designations

Designating Party to sanctions.

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STIPULATED PROTECTIVE ORDER

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

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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

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

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produced.

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Designation in conformity with this Order requires:

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

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

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

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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contains protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the protected

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

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

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

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

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

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

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

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

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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

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

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STIPULATED PROTECTIVE ORDER

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appropriate markings in the margins).
(b) for testimony given in depositions, the Designating Party may:

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i. within 20 days following receipt of the deposition transcript,

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notify the deposition reporter and other counsel of record in writing of the

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testimony

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“CONFIDENTIAL.”

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within such 20 days shall be deemed timely compliance with this provision; or

or

portions

of

the

deposition

transcript

designated

as

Depositing the written notice in the United States mail

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ii. identify on the record, before the close of the deposition, all

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“CONFIDENTIAL” testimony, by specifying all portions of the testimony that

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qualify as Protected Material; or

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iii. designate the entirety of the testimony at the deposition as
“CONFIDENTIAL” (before the deposition is concluded) with the right to identify
more specific portions of the testimony as to which protection is sought within 20
days following receipt of the deposition transcript.

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

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and for any other tangible items, that the Producing Party affix in a prominent

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place on the exterior of the container or containers in which the information is

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stored the legend “CONFIDENTIAL.” If only a portion or portions of the

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information warrants protection, the Producing Party, to the extent practicable,

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shall identify the protected portion(s).
5.3

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Inadvertent Failures to Designate. An inadvertent failure to designate

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

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the

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“CONFIDENTIAL”

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

qualified documents, information or items “CONFIDENTIAL” does not waive the

designation, the Party that inadvertently produced the material shall give written

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notice of such inadvertent production within twenty (20) days of discovery of the

event

that

any

Disclosure

designation

or
is

Discovery

Material

subject

inadvertently

produced

without

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STIPULATED PROTECTIVE ORDER

to

a

such

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inadvertent production, together with a further designated copy of the subject

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Protected Material. Upon receipt of such an Inadvertent Production Notice, any

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Receiving Party that received the inadvertently produced material shall promptly

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destroy the inadvertently produced undesignated Protected Material and retain only

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the designated version. This provision is not intended to apply to the inadvertent

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production of any document, testimony, or information which is privileged or

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otherwise protected subject to paragraph 11 below.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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Timing of Challenges. Any Party or Non-Party may

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challenge a designation of confidentiality at any time that is consistent

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with the Court’s Scheduling Order.
6.2

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Meet and Confer. The Challenging Party shall initiate the

dispute resolution process under Local Rule 37.1 et seq.
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The burden of persuasion in any such challenge proceeding shall be

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that

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

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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

under the conditions described in this Order. When the Action has been

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STIPULATED PROTECTIVE ORDER

1

terminated, a Receiving Party must comply with the provisions of section 13

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below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action; the officers, directors, and

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employees (including House Counsel) of the Receiving Party to whom disclosure

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is reasonably necessary for this Action;

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(b) Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c) the court and its personnel;

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(d) court reporters and their staff;

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

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Vendors to whom disclosure is reasonably necessary for this Action and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

(g) during their depositions, witnesses, and attorneys for witnesses, in

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

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STIPULATED PROTECTIVE ORDER

1

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

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

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

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deposition testimony or exhibits to depositions that reveal Protected Material may

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

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except as permitted under this Stipulated Protective Order; and
(h) any mediator or settlement officer, and their supporting personnel,

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

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8.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

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

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

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“CONFIDENTIAL,” that Party must:

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(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

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

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

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

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this action as “CONFIDENTIAL” before a determination by the court from which

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the subpoena or order issued, unless the Party has obtained the Designating

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Party’s permission or a court so orders. The Designating Party shall bear the

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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

burden and expense of seeking protection in that court of its confidential material

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STIPULATED PROTECTIVE ORDER

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and nothing in these provisions should be construed as authorizing or encouraging

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a Receiving Party in this Action to disobey a lawful directive from another court.

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9.

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PRODUCED IN THIS LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

(a)

The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

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

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

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confidential information, then the Party shall:
(1)

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promptly notify in writing the Requesting Party and the Non-

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

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agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Stipulated

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

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specific description of the information requested; and
(3)

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make the information requested available for inspection by the

Non-Party, if requested.
(c)

If the Non-Party fails to seek a protective order from this court within

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

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

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Party shall not produce any information in its possession or control that is subject

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

21 days of receiving the notice and accompanying information, the Receiving

to the confidentiality agreement with the Non-Party before a determination by the

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STIPULATED PROTECTIVE ORDER

1

court unless otherwise ordered. Absent a court order to the contrary, the Non-

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Party shall bear the burden and expense of seeking protection in this court of its

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

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the person or persons to whom unauthorized disclosures were made of all the terms

11

of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.

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11.

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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When a Producing Party gives notice to Receiving Parties that certain

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

18

protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review.

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12.

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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.

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

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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STIPULATED PROTECTIVE ORDER

1

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

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

3

Order.

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

5

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

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

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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 the

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

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13.

FINAL DISPOSITION

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12

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

13

return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

15

compilations, summaries, and any other format reproducing or capturing any of

16

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

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the Receiving Party must submit a written certification to the Producing Party

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(and, if not the same person or entity, to the Designating Party) by the 60 day

19

deadline that (1) identifies (by category, where appropriate) all the Protected

20

Material that was returned or destroyed and (2)affirms that the Receiving Party

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has not retained any copies, abstracts, compilations, summaries or any other

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format reproducing or capturing any of the Protected Material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings,

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motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work

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product, and consultant and expert work product, even if such materials contain

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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

Protected Material. Any such archival copies that contain or constitute Protected

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STIPULATED PROTECTIVE ORDER

1

Material remain subject to this Protective Order as set forth in Section 4

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(DURATION).

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5

14.

REMEDIES

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Any violation of this Order may be punished by any and all appropriate

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

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sanctions.

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IT IS SO STIPULATED BY ALL PARTIES, THROUGH THEIR RESPECTIVE

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COUNSEL OF RECORD.

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Dated: January 5, 2016

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LAW OFFICES OF J. MARK
MOORE
J. Mark Moore

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Attorneys for Plaintiffs Mario Salas, et al.

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By: /s/ H. Scott Leviant
BERNS WEISS LLP
Jeffrey K. Berns
H. Scott Leviant
Lee A. Weiss
Albert G. Lum

Dated: August 14, 2015

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ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By: /s/ Barbara S. Van Ligten
Steven D. Atkinson
Barbara S. Van Ligten

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Attorneys for Defendants Michael
Crawford, Mike Gomez, Paul Von Berg,
Bruce Cooksey, Jim Hulse and Mike Prlish

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

Dated: September 1, 2015

HILL, FARRER & BURRILL LLP

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STIPULATED PROTECTIVE ORDER

1

By: /s/ E. Sean McLoughlin
James A. Bowles
E. Sean McLoughlin

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3

Attorneys for Defendant C.W. Poss

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5

Dated: August 18, 2015

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By: /s/ David McLeod
David McLeod
Jeffrey R. Witham

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8

Attorneys for Defendants William
Waggoner, Mickey J. Adams, Dan Billy,
Larry Davison, Dan Hawn, Ron Sikorski,
and Operating Engineers Funds, Inc.

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Dated: August 18, 2015

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PARKER MILLIKEN CLARK
O’HARA & SAMUELIAN APC
By: /s/ Michael B. Mellema
Richard Clark
Michael B. Mellema

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Attorneys for Defendant Burt Tolbert
Patricia M. Waggoner and Kenneth D.
Waggoner

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MCLEOD & WITHAM LLP

Dated: August 18, 2015

CADDEN AND FULLER, LLP

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By: /s/ Andrew M. Sussman
Andrew M. Sussman

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Attorneys for Defendant Don Bourguignon,
Kenneth Bourguignon and Walt Elliot

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

Dated: January 13, 2016

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STIPULATED PROTECTIVE ORDER

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By:

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Hon. United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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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 Mario Salas et al. v.
International Union of Operating Engineers et al., Central District Case No. 2:12cv-10506 DDP (JPRx). 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.
Date:___________________________________
City and State where sworn and signed:_______________________________
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STIPULATED PROTECTIVE ORDER

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Printed name:____________________________

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Signature:_______________________________

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PARKER MILLIKEN
CLARK O’HARA &
SAMUELIAN, A
PROFESSIONAL
CORPORATION

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STIPULATED PROTECTIVE ORDER