Angel Aguiar v. Merisant Company et al

Filing 57

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 50 . ***** NOTE CHANGES MADE BY THE COURT. ***** SEE ORDER FOR DETAILS. ***** (mp)

2:14-cv-00670-RGK-AGR Document 50 Piled 03/27/14 Page 1 of 16 Page ID #:551

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Christopher M. Burke (S.B.N. 214799)
[e-mail]
Hal Cunningham (S.B.N. 243048)
hcunninghamscott-scott.com
SCOTT+SCOTT, ATTORNEYS AT
LAW, LLP
4771 Cromwell Avenue
Los Angeles, CA 90027
Telephone: [phone]
Facsimile: 213-985-1278
Attorneys for Plaintiff

Joseph P. Guglielmo (pro hac vice)
jguglielinoscott-scott.com
SCOTT+SCOTT, ATTORNEYS AT
LAW, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Telephone: [phone]
Facsimile: 212-223-6334

Gregg F. LoCascio (pro hac vice)
[e-mail]
Jonathan D. Brightbill (pro hac vice)
[e-mail]
Arjun Garg (pro hac vice)
arjun.gargkirkland.com
KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, DC 20005
Tel: [phone]
Fax: [phone]
Attorneys for Defendants

C. Robert Boldt (S.B.N. 180136)
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]

[Additional Counsel on Signature Page.]

NOTE CHANGES MADE BY THE COURT

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Western Division

ANGEL AGUJAR, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,

Case No.: 2:1 4-cv-00670-RGK(AGRx)
CLASS ACTION

wgo]

23

STIPULATION AND
PROTECTIVE ORDER

24

District Judge: Hon. R. Gary Klausner

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MERISANT COMPANY and WHOLE
EARTH SWEETENER COMPANY, LLC,
Defendants.

-

Magistrate: Judge Alicia G. Rosenberg
Action Filed: January 28, 2014
Trial Date: None Set

NOTE CHANGES MADE BY THE COURT
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2:1 4-cv-00670-RGK(AGRx)

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2

STIPULATED PROTECTIVE ORDER

WHEREAS it is anticipated that among the documents which may be produced

3 in connection with the potential litigation of this matter will be information that is
4 protected from disclosure by the privacy rights that attach to trade secrets, and/or
5

information otherwise properly regarded by one or more of the parties as private,

6 sensitive, proprietary, financial, and/or confidential;
7

IT IS THEREFORE STIPULATED, AGREED, AND JOINTLY REQUESTED

8 by Plaintiff Angel Aguiar ("Plaintiff’) and Defendants Merisant Company and Whole
9 Earth Sweetener Company, LLC ("Defendants") (collectively, the "Parties"), by and
10 through their respective counsel, that a protective order should be entered according to
11 the following terms and provisions:
12
13

DEFINITIONS

1.

"Matter" means Angel Aguiar v. Merisant Company, and Whole Earth

14 Sweetener Company, LLC, currently pending in the Central District of California,
15
16

Case No. 2:14-cv-00670-RGK(AGRx).
2.

"Confidential Information" means information (i) which is produced to a

17 party in the Matter pursuant to any discovery method allowed under statute, rule, or
18 case law; and (ii) which is designated as Confidential pursuant to Paragraph 6 below.
19 Confidential Information shall not include any information (i) which is in the
20 possession of the Receiving Party (as defined below), provided that the source of the
21 information was not bound by a contractual, legal, or fiduciary obligation of
22 confidentiality, or which is publicly known or available prior to its production through
23 discovery in the Matter; or (ii) which the Receiving Party obtains from a source other
24 than the Producing Party (as defined below), provided that the source of the
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information was not bound by a contractual, legal, or fiduciary obligation of

26 confidentiality, or otherwise becomes publicly available, without any violation of this
27 Protective Order by the Receiving Party.

ma
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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1

3.

"Qualified Person" means any individual who falls into one of the

2 following categories:
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a.

Attorney of record for a party in the Matter or member, associate,

4 paralegal, or employee of the firm where such attorney practices, or an employee of an
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independent photocopying or microfilming service utilized by such attorney in the

6 Matter;
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b.

In-house counsel or designated legal personnel for all parties;

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C.

Any other personnel working in the employment of the Parties or their

9 attorneys of record in the Matter, to the extent disclosure is reasonably necessary in
10 connection with the litigation or settlement of this Matter;
11

d.

Up to three designees from any non-party, including insurers, that may

12 have defense and/or indemnity obligations for claims against the Parties, who shall
13 have signed an undertaking in the form attached as Exhibit 1 before reviewing any
14 documents pursuant to this order;
15

e.

Vendors to whom it is necessary to disclose Protected Material for the

16 purpose of assisting Outside Counsel of record in this action;
17

f.

Any person indicated on the face of the material as having written or

18 received such material during the course of his or her employment or consultancy, and
19 any person identified within such material if the context of the material indicates that
20 such person would have received or otherwise had access to the information discussed
21

therein;

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g.

Independent testifying or non-testifying experts or trial consultants (i.e.,

23 persons with expertise who are not currently employed or performing non-litigation
24 consulting with any competitors of the Parties, and who have no intention or
25 expectation of being employed or performing non-litigation consulting with any
26 competitors of the Parties) retained by such counsel or by the Parties solely as a an
27 independent expert in connection with this proceeding, provided, however, that no
28 information, documents, or things designated as Confidential shall be disclosed to any
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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Page 4 of 16 Page ID #:554

1 testifying or non-testifying experts unless and until such persons have first been
2 supplied with and have read a copy of this Order and have executed an undertaking in
3 the form annexed hereto;
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5

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h.

Stenograph reporter involved in any deposition, hearing, trial or other

proceeding in this Matter;
i.

Officers of this Court and their supporting personnel or officers of any

7 appellate court to which any appeal may be taken or in which review is sought,
8 pursuant to Paragraph 14 below; or
9

j.

Any mediator or settlement officer agreed upon by the Parties.

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SCOPE

4.

The protections conferred by this Order cover not only discovery

12 materials that are designated as "Confidential," but also any information copied or
13 extracted from materials designated as "Confidential," as well as all copies, excerpts,
14 summaries, or compilations thereof, including, without limitation, testimony,
15 conversations, or presentations and submissions by parties or Counsel to the Court, as
16 well as other settings that contain or could reveal Protected Material.
17
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DURATION
5.

All obligations and duties arising under this Protective Order shall

19 survive the termination of this action unless the party designating the material as
20 "Confidential" (the "Designating Party") agrees otherwise in writing or the Court
21 otherwise orders.
22
23

AGREEMENT

6.

A party (the "Designating Party") may designate as "Confidential" those

24 materials, whether in written, oral, electronic, graphic, audiovisual, or any other form,
25 which that party in good faith believes contain confidential information that is used by
26 it in, or pertaining to, its business, which information is not generally known and
27 which that party would normally not reveal to third parties or, if disclosed, would
28 require such third parties to maintain in confidence.
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7.

Any party who produces Confidential Information (the "Producing

2 Party") may designate materials produced or exchanged during discovery as
3 "Confidential" by legibly marking the legend "Confidential" on each page of
4 such materials. Any Producing Party or any other party may so designate any
5

materials in the reasonable exercise of such party’s discretion; provided, however, by

6 agreeing to this Protective Order, no party waives the right to challenge any other
7 party’s designation of any document as "Confidential."
8

8.

A party who contests any other party’s designation of any document as

9 "Confidential" (the "Challenging Party") shall attempt to resolve the dispute with the
10 party making the designation, and, if an agreement cannot be reached, may challenge
11 the designation with the Judge presiding over this Matter as provided herein.
12

9.

Confidential Information shall be used by a Party who receives the

13 information (the "Receiving Party") solely for the purposes of discovery, pleadings,
14 motions, briefs, potential settlement, and preparation for the trial or hearing in this
15 Matter and on appeal, if any, and for no other purpose.
16

10. A Receiving Party may disclose Confidential Information only to a

17 Qualified Person, or to a qualified witness at a deposition, unless otherwise agreed to
18 in writing between the party or non-party that produced the Confidential Information
19 and the party wishing to disclose the Confidential Information. If any Party intends to
20 disclose any Confidential Information to a witness at a deposition, and such witness
21 would not otherwise be entitled to access to such Confidential Information under the
22 terms of this Order, counsel for the Disclosing Party shall provide written notice to the
23 Producing Party and/or the Designating Party of the intention to so disclose the source
24 of or the specific document containing the Confidential Information at least two
25 business days prior to such intended disclosure.
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11. No Receiving Party shall provide or disclose Confidential Information to

27 any person, including a Qualified Person, at any time or in any form or manner unless,
28 in the good faith judgment of the disclosing person, that person has a present need to
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1 hear, know, or review such information in conjunction with the proceedings in this
2 Matter or for the purpose of assisting any attorney of record in the Matter.
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12. No Receiving Party shall disclose Confidential Information to a person

4 other than a Qualified Person except upon the prior express written consent of the
5
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party who has designated the item as Confidential Information.
13. Without written permission from the Designating Party or a court order

7 secured after appropriate notice to all interested persons, a Receiving Party may not
8 file in the public record in this action any Confidential Information. All transcripts,
9 depositions, exhibits, and other documents and things filed or received with the Court
10 containing Confidential Information, or any pleading purporting to reproduce or
11 paraphrase such information, shall be filed in compliance with Civil Local Rule 7912

5.1, in sealed envelopes or other appropriate sealed containers on which shall be

13 endorsed the caption of the Matter, a description of the contents of such sealed
14 envelope or container, and the legend "Confidential." Any party submitting any
15 Confidential Information to the Court shall request that the Court maintain such
16 Confidential Information under seal; provided, however, that the Designating Party
17 shall bear the burden of defending such designation if challenged.
18

14. Any person making, or causing to be made, copies of any Confidential

19 Information shall make certain that each copy bears the legend "Confidential" on each
20 page. This provision is not intended to modify the manner by which the Court, its
21 officers, and personnel manage records relating to this proceeding.
22

15.

Each party shall, at the election of the Receiving Party, either destroy or

23 return all Confidential Information, including any copies thereof, to the Producing
24 Party, and shall confirm in writing that all the Confidential Information, including
25 copies thereof in the Receiving Party’s possession, custody or control, has been
26 returned or destroyed within thirty (30) days after the first of any of the following: the
27 case being resolved by final judgment, appeal, settlement, or some combination
28 thereof, or otherwise.
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16. Neither of the Parties, no Qualified Person, nor any other entity, other

2 than the Designating Party, shall retain copies of the Confidential Information,
3 including any copies thereof, or referenced thereto, after the time specified in
4 Paragraph 15 herein. Any exceptions to this Paragraph shall be in writing by a duly
5

authorized representative of the Designating Party. Notwithstanding the terms of

6 Paragraphs 12 and 13 hereof, the Parties to this Matter may retain, and not return, one
7

complete copy of the pleadings as actually filed with the Court. No provision in this

8 Paragraph is intended to modify the manner by which the Court, its officers, and
9 personnel manage records relating to this proceeding.
10

17. The inadvertent or unintentional failure to designate any discovery

11 material as "Confidential" pursuant to Paragraph 6 shall not be deemed a waiver in
12 whole or in part of a Designating Party’s claim of confidentiality. Any discovery
13 material produced by a Party or non-party that should have been designated
14 "Confidential" but is inadvertently produced without such designation may
15 subsequently be designated as "Confidential." Any party that seeks to so designate
16 discovery material already produced must, within thirty days after discovering the
17 inadvertent production, provide, at its own expense, substitute discovery material
18 bearing the "Confidential" designation. Upon receipt of the substituted discovery
19 material, each Receiving Party must return or destroy all copies of the undesignated
20 discovery material.
21

18. The inadvertent or unintentional disclosure by the Producing Party of

22 Confidential Information, regardless of whether the information was so designated at
23 the time of disclosure, shall not be deemed a waiver in whole or in part of a
24 Designating Party’s claim of confidentiality, either as to the specific information
25

disclosed or as to any other information relating thereto on the same or related subject

26 matter. The Producing Party may recall any such inadvertently or unintentionally
27 disclosed Confidential information by giving written notice to all parties, as soon as
28 reasonably possible after the Producing Party becomes

aware of the inadvertent or

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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unintentional disclosures. Upon receipt of the notice that the Confidential Information

2 was inadvertently disclosed and is being recalled by the Producing Party, the
3 Receiving Party must return or destroy (at the Receiving party’s election) all copies of
4 the inadvertently disclosed material.
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19. The inadvertent or unintentional disclosure by the Producing Party of

6 documents or information subject to the attorney-client privilege, work product
7 immunity or any other applicable privilege shall not constitute a waiver of, nor a
8 prejudice to, any claim that such or related material is protected information,
9 privileged, or protected by the work product immunity or any other applicable
10 privilege, provided that the Producing Party notifies the Receiving Party in writing
11 within ten business days after discovery of such inadvertent production or disclosure.
12 Such inadvertently produced or disclosed documents or information, including all
13 copies thereof, shall be returned to the Producing Party or destroyed (at the Receiving
14 Party’s election) immediately upon request, and the Receiving Party shall immediately
15 destroy any notes or other writing or recordings that summarize, reflect, or discuss the
16 content of such privileged or protected information. No use shall be made of such
17 documents or information during deposition or at trial, nor shall such documents or
18 information be provided to anyone who did not already have access to them prior to
19 the request by the Producing Party that they be returned. In the case of an
20 inadvertently produced or disclosed document, the Producing Party shall include the
21 discovery material in a privilege log identifying such inadvertently produced or
22 disclosed document. The Receiving Party may move the Court for an Order
23 compelling production of any inadvertently produced or disclosed document or
24 information, but the motion shall not assert as a ground for production the fact of the
25

inadvertent production or disclosure, nor shall the motion disclose or otherwise use

26 the content of the inadvertently produced document or information (beyond any
27 information appearing on the above-referenced privilege log) in any way in
28 connection with any such motion.
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2:14-ev-00670-ROK(AGRx)

Cask 2:14-cv-00670-RGK-AGR Document 50 Filed 03/27/14 Page 9 of 16 Page ID #:559

1

20. Any party or non-party may challenge a designation of confidentiality at

2 any time. Unless a prompt challenge to a Designating Party’s confidentiality
3 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
4 economic burdens, or a significant disruption or delay of the litigation, a party does
5 not waive its right to challenge a confidentiality designation by electing not to mount a
6 challenge promptly after the original designation is disclosed. The Challenging Party
7 shall initiate the dispute resolution process by providing written notice of each
8 designation it is challenging and describing the basis for each challenge. Additionally,
9 the written notice shall request that the Parties confer in good faith to attempt to
10 eliminate the need for motion practice, or at least, eliminate as many disputes as
11 possible. To avoid ambiguity as to whether a challenge has been made, the written
12 notice must recite that the challenge to confidentiality is being made in accordance
13 with this specific paragraph of the Protective Order.
14

Consistent with Central District of California Local Rule, Civ. L.R. 37-1, the

15 Parties shall attempt to resolve each challenge in good faith and must begin the
16 process by conferring directly (in voice to voice dialogue; other forms of
17 communication are not sufficient) within ten days of the date of service of notice. In
18 conferring, the Challenging Party must explain the basis for its belief that the
19 confidentiality designation was not proper and must give the Designating Party an
20 opportunity to review the designated material, to reconsider the circumstances, and, if
21 no change in designation is offered, to explain the basis for the chosen designation. A
22 Challenging Party may proceed to the next stage of the challenge process only if it has
23 engaged in this meet and confer process first or establishes that the Designating Party
24 is unwilling to participate in the meet and confer (as discussed in Civ. L.R. 37-2.4).
25

If the Parties cannot resolve a challenge without court intervention, consistent

26 with Central District of California Local Rule, Civ. L.R. 37-2, the Parties shall
27 formulate a written stipulation, which, in one document, signed by both counsel,
28 identifies all disputes, and for each issue, sets forth the Parties’ respective contentions
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2: 14-cv-00670-RGK(AORx)

CasEI 2:14-cv-00670-RGK-AGR Document 50 Filed 03/27/14 Page 10 of 16 Page ID #:560

1 and points and authorities in support thereof. The Challenging Party must personally
2 deliver, email or fax to the Designating Party’s counsel the Challenging Party’s
3 portion of the stipulation, together with all declarations and exhibits within twenty4 one days of the Parties agreeing that the meet and confer process will not resolve their
5

dispute and in accordance with Civ. L.R. 7 and 79-5.1, if applicable. Within seven

6 days of receiving the Challenging Party’s portion of the stipulation, the Designating
7 Party shall personally deliver, email, or fax to the Challenging Party’s counsel the
8 Designating Party’s portion of the stipulation, together with all declarations and
9 exhibits. Failure by the Challenging Party to personally deliver, email or fax to the
10 Designating Party’s counsel the Challenging Party’s portion of the stipulation within
11 twenty-one days shall automatically waive their challenge to the confidentiality
12 designation. Consistent with Central District of California Local Rule, Civ. L.R. 3713 2.3, the Parties may file a supplemental memorandum of law not later than fourteen
14 days prior to the hearing date. For the avoidance of doubt, this Paragraph is intended
15 to implement, and not substantively modify Civ. L.R. 37-1 and Civ. L.R. 37-2
16 (including the Joint Stipulation requirement).
17

Frivolous challenges, and those made for an improper purpose (e.g., to harass or

18 impose unnecessary expenses and burdens on other parties) may expose the
19 Challenging Party to sanctions. All parties shall continue to afford the material in
20 question the level of protection to which it is entitled under the Producing Party’s
21 designation until the court rules on the challenge.
22

21. If a party is served with a subpoena or a court order issued in other

23 litigation that compels disclosure of any information or items designated in this action
24 as "CONFIDENTIAL," that party must:
25

a.

(i) Promptly notify in writing the Designating Party. Such notification

26 shall include a copy of the subpoena or court order; (ii) promptly notify in writing the
27 party who caused the subpoena or order to issue in the other litigation that some or all
28 of the material covered by the subpoena or order is subject to this Protective Order.
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2:14-cv-00670-RGK(AGRx)

Cas 2:14-cv-00670-RGK-AGR Document 50 Filed 03/27/14 Page 11 of 16 Page ID #:561

1 Such notification shall include a copy of this Stipulated Protective Order; and (iii)
2 cooperate with respect to all reasonable procedures sought to be pursued by the
3 Designating Party whose Confidential Information may be affected.
4
5

b.

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

6 action as "CONFIDENTIAL" before a determination by the court from which the
7 subpoena or order issued, unless the party has obtained the Designating Party’s
8 permission. The Designating Party shall bear the burden and expense of seeking
9 protection in that court of its confidential material - and nothing in these provisions
10 should be construed as authorizing or encouraging a Receiving Party in this action to
11 disobey a lawful directive from another court.
+hz arut OF 4,a Kb.-JjLr4t1,
12
22. /The terms of this Order are applicable to information produced by a Non-

k91111 3 Party in this action and designated as "CONFIDENTIAL." Such information
14 produced by non-parties in connection with this litigation is protected by the remedies
15 and relief provided by this Order. Nothing in these provisions should be construed as
16 prohibiting a non-party from seeking additional protections. In the event that a party
17 is required, by a valid discovery request, to produce a non-party’s confidential
18 information in its possession, and the party is subject to an agreement with the non19 party not to produce the non-party’s confidential information, then the Producing
20 Party shall:
21

a.

Promptly notify in writing the Requesting Party and the non-party that

22 some or all of the information requested is subject to a confidentiality agreement with
23 anon-party;
24
25

b.

Promptly provide the non-party with a copy of the Stipulated Protective

Order in this litigation, the relevant discovery request(s), and a reasonably specific

26 description of the information requested; and
27

C.

Make the information requested available for inspection by the non-

28 party. If the non-party fails to object or seek a protective order from this court within
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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

2

may produce the non-party’s confidential information responsive to the discovery

3

request. If the non-party timely seeks a protective order, the Producing Party shall not

4

produce any information in its possession or control that is subject to the

5

confidentiality agreement with the non-party before a determination by the court.’

6

Absent a court order to the contrary, the non-party shall bear the burden and expense

7

of seeking protection in this court of its Confidential Information.

8

23.

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

9

disclosed Confidential Information to any person or in any circumstance not

10

authorized under this Stipulated Protective Order, the Receiving Party must

11

immediately (a) notify in writing the Designating Party of the unauthorized

12

disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

13

Confidential Information, (e) inform the person or persons to whom unauthorized

14

disclosures were made of all the terms of this Order, and (d) request such person or

15

persons to execute the attached Exhibit 1.

16

24.

The parties agree that they shall be bound by this Stipulation upon

17

signing by counsel and shall protect any and all Confidential Information as provided

18

herein, even if this Stipulation is not approved by the Court. In the event that the

19

Court denies approval of this Stipulation as submitted, any party receiving

20

Confidential Information shall, within thirty days, at the election of the Receiving

21

Party, either destroy or return all Confidential Information to the Producing Party as

22

provided in Paragraph 16 herein and shall confirm in writing that the materials that

23

have been returned or destroyed constitute all the Confidential information, including

24

copies thereof, in that party’s possession, custody, or control.

25

26
27
28

The purpose of this provision is to alert the interested parties to the existence of
confidentiality rights of a Non-party and to afford the Non-Party an opportunity to protect its
confidentiality interests in this court.
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2

25.

Any Party named, served, and appearing in this action after the date this

Order is entered shall be bound by its terms,

etrrkr.

Any Party

4

who causes another Party to be added to this action after the entry of this Order shall

5

serve that new Party with a copy of this Order and any subsequent amendments to it at

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the time it serves its pleading and summons.

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IT IS SO STIPULATED.
Dated: March 27, 2014

Respectfully submitted,

s/ C. Robert Boldt
C. Robert Boldt (S.B.N. 180136)
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213-680-8500

s/ Joseph P. Guglielmo
Joseph P. Guglielmo (pro hac vice)
jguglielmoscott-scott.com
SCOTT+SCOTT, ATTORNEYS AT
LAW, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Telephone: [phone]
Facsimile: 212-223-6334

Gregg F. LoCascio, P.C. (pro hac vice)
gregg.locasciokirkland.com
Jonathan D. Brightbill (pro hac vice)
jonathan.brightbillkirkland.com
Arjun Garg (pro hac vice)
[e-mail]
KIRKLAND & ELLIS LLP
655 Fifteenth Street, NW
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Merisant
Company and Whole Earth Sweetener
Company LLC

Amanda F. Lawrence (pro hac vice)
alawrence@scott -scott.com
SCOTT+SCOTT, ATTORNEYS AT
LAW, LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: [phone]
Facsimile: 860-537-4432
Christopher M. Burke (S.B.N. 214799)
[e-mail]
Hal D. Cunningham (S.B.N. 243048)
hcunninghamscott-scott.com
SCOTT+SCOTT, ATTORNEYS AT
LAW, LLP
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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1

4771 Cromwell Avenue
Los Angeles, CA 90027
Telephone: [phone]
Facsimile: 213-985-1278

2
3
4

E. Kirk Wood
WOOD LAW FIRM, LLC
P.O. Box 382434
Birmingham, AL 35238
Telephone: [phone]
Facsimile: 866-747-3905
[e-mail]

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Greg L. Davis
DAVIS & TALIAFERRO
7031 Halcyon Park Drive
Montgomery, AL 36117
Telephone: [phone]
Facsimile: 334-409-7001
gldavisknology.net

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Attorneys for Plaint iff

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I, Joseph P. Guglielmo, am the ECF User whose ID and password are being

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used to file this STIPULATION AND [PROPOSED] PROTECTIVE ORDER. In

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compliance with Civil Local Rule 5-4.3 .4(a)(2)(i), I hereby attest that C. Robert Boldt

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has concurred in this filing.

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s/ Joseph P. Guglielmo
Joseph P. Guglielmo

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2:14-cv-00670-RGK(AGRx)

I 2:14-cv-00670-RGK-AGR Document 50 Filed 03/27/14 Page 15 of 16 Page ID #:565
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ORDER

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The parties having stipulated to the foregoing and good cause appearing, IT IS
SO ORDERED.

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Dated:

L’Cck Honorable Alicia G. Rosenberg
United States Magistrate Judge

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2: 14-cv-00670-RGK(AGRx)

I 2 : 14- cv-00 6 70- RGKAGR Document 50 Piled 03/27/14 Page 16 of 16 Page ID #:566
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EXHIBIT 1

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AngelA guiar v. Merisant Company and Whole Earth Sweetener Company, LLC

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Central District of California

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Case No. 2:14-cv-00670-RGK(AGRx)

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UNDERTAKING TO ABIDE BY PROTECTIVE ORDER
I,

declare that my address is

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My
current employer is

and my occupation is

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1.

I have received a copy of the Stipulated Protective Order in the above-

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captioned action. I have carefully read and understand the provisions of the Stipulated

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Protective Order.

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2.

I will comply with all of the provisions of the Stipulated Protective

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Order. I will hold in confidence, will not disclose to anyone not qualified under the

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Stipulated Protective Order, and will use only for purposes of this action any

17 CONFIDENTIAL INFORMATION that is disclosed to me.
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3.

Promptly upon termination of this action, I will return any

19 CONFIDENTIAL materials that may come into my possession to the outside
20 attorneys representing my employer or the attorneys who furnished those documents
21 to me.
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4.

1 hereby submit to the jurisdiction of this Court for the purpose of

23 enforcement of the Stipulated Protective Order in this action.
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I declare under penalty of perjury that the foregoing is true and correct.

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27 Dated:

Signature: -

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Print Name:
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

CIVIL CASE NO. 2:14-cv-00670-RGK(AGRx)