Milton Devore v. H and R Block Tax Services LLC

Filing 72

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Joint APPLICATION for Protective Order 71 (ib)

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1 Jonathan Solish, SBN 67609 Aaron Ginsburg, SBN 305706 2 BRYAN CAVE, LLP 3 120 Broadway, Suite 300 Santa Monica, CA 90401-2386 4 Telephone: (310) 576-2156 5 6 Attorneys for Defendant 7 H&R Block Tax Services LLC 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 ) ) ) Plaintiff and Counter Defendant, ) ) v. ) ) H&R BLOCK TAX SERVICES LLC, ) Case No. 2:16-cv-946-DSF(AFMx) et al., ) ) Consolidated With Case No. Defendant and Counter Claimant. ) 2:16-cv-4330 DSF (AFMx) _______________________________ ) ) STIPULATED PROTECTIVE CHARLES TODD, et al. ) ORDER1 ) Plaintiffs and Counter Defendants, ) ) v. ) ) H&R BLOCK TAX SERVICES LLC, ) et al., ) ) Defendant and Counter Claimant. ) _______________________________ MILTON DEVORE, BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 STIPULATED PROTECTIVE ORDER 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, customer lists and other valuable 13 research, development, commercial, financial, technical and/or proprietary 14 information for which special protection from public disclosure and from use for any 15 purpose other than prosecution of this action is warranted. Such confidential and 16 proprietary materials and information consist of, among other things, confidential 17 business or financial information, confidential and proprietary business planning and 18 assessment templates and metrics, information regarding confidential business 19 practices, or other confidential research, development, or commercial information 20 (including information implicating privacy rights of third parties), information 21 otherwise generally unavailable to the public, or which may be privileged or 22 otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law, including tax returns, tax payer information, and party 24 medical records. Accordingly, to expedite the flow of information, to facilitate the 25 prompt resolution of disputes over confidentiality of discovery materials, to 26 adequately protect information the parties are entitled to keep confidential, to ensure 27 that the parties are permitted reasonable necessary uses of such material in 28 preparation for and in the conduct of trial, to address their handling at the end of the 1 STIPULATED PROTECTIVE ORDER 1 litigation, and serve the ends of justice, a protective order for such information is 2 justified in this matter. It is the intent of the parties that information will not be 3 designated as confidential for tactical reasons and that nothing be so designated 4 without a good faith belief that it has been maintained in a confidential, non-public 5 manner, and there is good cause why it should not be part of the public record of this 6 case. 7 8 9 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 12 and the standards that will be applied when a party seeks permission from the court 13 to file material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 19 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 20 require good cause showing), and a specific showing of good cause or compelling 21 reasons with proper evidentiary support and legal justification, must be made with 22 respect to Protected Material that a party seeks to file under seal. The parties’ mere 23 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 24 without the submission of competent evidence by declaration, establishing that the 25 material sought to be filed under seal qualifies as confidential, privileged, or 26 otherwise protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 compelling reasons, not only good cause, for the sealing must be shown, and the 2 STIPULATED PROTECTIVE ORDER 1 relief sought shall be narrowly tailored to serve the specific interest to be protected. 2 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 3 each item or type of information, document, or thing sought to be filed or introduced 4 under seal in connection with a dispositive motion or trial, the party seeking 5 protection must articulate compelling reasons, supported by specific facts and legal 6 justification, for the requested sealing order. Again, competent evidence supporting 7 the application to file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 only the confidential, privileged, or otherwise protectable portions of the document, 12 shall be filed. Any application that seeks to file documents under seal in their 13 entirety should include an explanation of why redaction is not feasible. 14 D. DEFINITIONS 15 2.1 Action: Devore v. H&R Block Tax Services LLC, et al., 2:16-cv-00946- 16 DSF-AFM, together with Todd, et al. v. H&R Block Tax Services LL, et al., 2:16-cv17 00946-DSF-AFM (formerly 2:16-cv-04330-DSF-AFM). 18 2.2 Challenging Party: a Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 the Good Cause Statement. 24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 25 their support staff). 26 2.5 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 28 “CONFIDENTIAL.” 3 STIPULATED PROTECTIVE ORDER 1 2.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 2.9 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 2.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 4 STIPULATED PROTECTIVE ORDER 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the trial 10 judge. This Order does not govern the use of Protected Material at trial. BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 4. DURATION 12 Once a case proceeds to trial, information that was designated as 13 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 14 as an exhibit at trial becomes public and will be presumptively available to all 15 members of the public, including the press, unless compelling reasons supported by 16 specific factual findings to proceed otherwise are made to the trial judge in advance 17 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 18 showing for sealing documents produced in discovery from “compelling reasons” 19 standard when merits-related documents are part of court record). Accordingly, the 20 terms of this protective order do not extend beyond the commencement of the trial. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items or oral or written 27 communications that qualify so that other portions of the material, documents, items 28 5 STIPULATED PROTECTIVE ORDER 1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 17 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 STIPULATED PROTECTIVE ORDER 1 documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, before 3 producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). (b) for testimony given in depositions that the Designating Party 8 9 identifies the Disclosure or Discovery Material on the record, before the close of the 10 deposition all protected testimony. (c) for information produced in some form other than documentary and BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 12 for any other tangible items, that the Producing Party affix in a prominent place on 13 the exterior of the container or containers in which the information is stored the 14 legend “CONFIDENTIAL.” If only a portion or portions of the information 15 warrants protection, the Producing Party, to the extent practicable, shall identify the 16 protected portion(s). 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such material. 20 Upon timely correction of a designation, the Receiving Party must make reasonable 21 efforts to assure that the material is treated in accordance with the provisions of this 22 Order. 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 resolution process under Local Rule 37-1 et seq. 7 STIPULATED PROTECTIVE ORDER 1 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 2 joint stipulation pursuant to Local Rule 37-2. 3 6.4 The burden of persuasion in any such challenge proceeding shall be on 4 the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 Action only for prosecuting, defending or attempting to settle this Action. Such 15 Protected Material may be disclosed only to the categories of persons and under the 16 conditions described in this Order. When the Action has been terminated, a 17 Receiving Party must comply with the provisions of section 13 below (FINAL 18 DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 27 well as employees of said Outside Counsel of Record to whom it is reasonably 28 necessary to disclose the information for this Action; 8 STIPULATED PROTECTIVE ORDER 1 (b) the officers, directors, and employees (including House Counsel) of 2 the Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 16 will not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may 20 be separately bound by the court reporter and may not be disclosed to anyone except 21 as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 25 26 27 28 9 STIPULATED PROTECTIVE ORDER 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 6 7 shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 8 a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 12 13 pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 14 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED 23 MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 10 STIPULATED PROTECTIVE ORDER 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 5 6 that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 8 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and (3) make the information requested available for inspection by the BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 17 not produce any information in its possession or control that is subject to the 18 confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party shall bear the burden and 20 expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 28 11 STIPULATED PROTECTIVE ORDER 1 and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or 13 work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order, no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any 22 ground to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. A Party that seeks to file under seal any 24 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 25 only be filed under seal pursuant to a court order authorizing the sealing of the 26 specific Protected Material at issue. If a Party’s request to file Protected Material 27 under seal is denied by the court, then the Receiving Party may file the information 28 in the public record unless otherwise instructed by the court. 12 STIPULATED PROTECTIVE ORDER 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 for a period of five years after the final disposition of this Action. 20 14. VIOLATION 21 Any violation of this Order may be punished by appropriate measures 22 including, without limitation, contempt proceedings and/or monetary sanctions. 23 /// 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: June 12, 2017 4 /s/ David J. Glaubiger 5 David J. Glaubiger (SBN 176091) Attorney for Plaintiff Milton Devore 6 7 DATED: June 12, 2017 8 BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 9 /s/ Kevin S. Lacey Kevin S. Lacey (SBN 140918) 10 Attorney for Plaintiffs Charles Todd 11 and Sims & Patton, Inc. 12 13 DATED: June 12, 2017 14 /s/ Jonathan Solish 15 Jonathan Solish (SBN 67609) Attorney for Defendant H&R BLOCK TAX SERVICES LLC 16 17 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 DATED: 6/12/2017 20 21 _____________________________ 22 ALEXANDER F. MacKINNON 23 United States Magistrate Judge 24 25 26 27 28 14 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, 5 ___________________________________ [print or type full address], declare 6 under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order that was issued by the United States District Court 8 for the Central District of California on ________________ [date] in the 9 consolidated cases of Devore v. H&R Block Tax Services LLC, et al., 2:16-cv- 10 00946-DSF-AFM, and Todd, et al. v. H&R Block Tax Services LL, et al., 2:16- 11 BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 4 _______________________ [print cv-00946-DSF-AFM (formerly 2:16-cv-04330-DSF-AFM). I agree to comply 12 with and to be bound by all the terms of this Stipulated Protective Order and I 13 understand and acknowledge that failure to so comply could expose me to 14 sanctions and punishment in the nature of contempt. I solemnly promise that I 15 will not disclose in any manner any information or item that is subject to this 16 Stipulated Protective Order to any person or entity except in strict compliance 17 with the provisions of this Order. I further agree to submit to the jurisdiction of 18 the United States District Court for the Central District of California for 19 enforcing the terms of this Stipulated Protective Order, even if such enforcement 20 proceedings occur after termination of this action. I hereby appoint 21 _______________________ 22 ____________________________________________ [print 23 address and telephone number] as my California agent for service of process in 24 connection with this action or any proceedings related to enforcement of this 25 Stipulated Protective Order. 26 /// [print or or type type 27 28 1 STIPULATED PROTECTIVE ORDER full name], full of name] or of type full 1 Date: _____________________ 2 3 City and State where sworn and signed: ___________________________ 4 5 Printed Name: ____________________ 6 7 Signature: ____________________ 8 9 10 BRYAN CAVE LLP 120 BROADWAY, SUITE 300 SANTA MONICA, CA 90401-2386 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATED PROTECTIVE ORDER

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