Kiewit Power Constructors Co. v. City of Los Angeles
Filing
80
STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 73 . (ec)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
10
11
12
KIEWIT POWER CONSTRUCTORS
CO., a Delaware Corporation
Plaintiff,
STIPULATED PROTECTIVE
ORDER
v.
13
14
15
CITY OF LOS ANGELES, acting by
and through the DEPARTMENT OF
WATER AND POWER,
Defendant.
16
17
18
CITY OF LOS ANGELES, acting by
and through the DEPARTMENT OF
WATER AND POWER,
19
20
21
22
23
Counterclaimant,
vs.
KIEWIT POWER CONSTRUCTORS
CO., a Delaware corporation,
Counterdefendant.
24
26
CITY OF LOS ANGELES, acting by
and through the DEPARTMENT OF
WATER AND POWER,
27
Third-Party Plaintiff,
25
28
Case No. 2:16-cv-02590-AB (GJSx)
1
2
3
vs.
GENERAL ELECTRIC COMPANY, a
New York corporation,
Third-Party Defendant.
4
5
6
7
1.
A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
8
proprietary or private information for which special protection from public
9
disclosure and from use for any purpose other than prosecuting this litigation may
10
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
11
enter the following Stipulated Protective Order. The parties acknowledge that this
12
Order does not confer blanket protections on all disclosures or responses to
13
discovery and that the protection it affords from public disclosure and use extends
14
only to the limited information or items that are entitled to confidential treatment
15
under the applicable legal principles.
16
17
B. GOOD CAUSE STATEMENT
18
This action is likely to involve commercial, financial, technical and/or
19
proprietary information for which special protection from public disclosure and
20
from use for any purpose other than prosecution of this action is warranted. Such
21
confidential and proprietary materials and information consist of, among other
22
things, estimating data, cost data, proprietary engineering and design, and marketing
23
and proposal information, confidential business or financial information,
24
information regarding confidential business practices, or other confidential research,
25
development, or commercial information (including information implicating privacy
26
rights of third parties), information otherwise generally unavailable to the public, or
27
which may be privileged or otherwise protected from disclosure under state or
28
federal statutes, court rules, case decisions, or common law. Accordingly, to
2
1
expedite the flow of information, to facilitate the prompt resolution of disputes over
2
confidentiality of discovery materials, to adequately protect information the parties
3
are entitled to keep confidential, to ensure that the parties are permitted reasonable
4
necessary uses of such material in preparation for and in the conduct of trial, to
5
address their handling at the end of the litigation, and serve the ends of justice, a
6
protective order for such information is justified in this matter. It is the intent of the
7
parties that information will not be designated as confidential for tactical reasons
8
and that nothing be so designated without a good faith belief that it has been
9
maintained in a confidential, non-public manner, and there is good cause why it
10
should not be part of the public record of this case.
11
12
C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
13
The parties further acknowledge, as set forth in Section 12.3, below, that this
14
Stipulated Protective Order does not entitle them to file confidential information
15
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
16
and the standards that will be applied when a party seeks permission from the court
17
to file material under seal.
18
There is a strong presumption that the public has a right of access to judicial
19
proceedings and records in civil cases. In connection with non-dispositive motions,
20
good cause must be shown to support a filing under seal. See Kamakana v. City and
21
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
22
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
23
Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
24
require good cause showing), and a specific showing of good cause or compelling
25
reasons with proper evidentiary support and legal justification, must be made with
26
respect to Protected Material that a party seeks to file under seal. The parties’ mere
27
designation of Disclosure or Discovery Material as HIGHLY CONFIDENTIAL
28
does not—without the submission of competent evidence by declaration,
3
1
establishing that the material sought to be filed under seal qualifies as confidential,
2
privileged, or otherwise protectable—constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial, then
3
4
compelling reasons, not only good cause, for the sealing must be shown, and the
5
relief sought shall be narrowly tailored to serve the specific interest to be protected.
6
See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
7
each item or type of information, document, or thing sought to be filed or introduced
8
under seal in connection with a dispositive motion or trial, the party seeking
9
protection must articulate compelling reasons, supported by specific facts and legal
10
justification, for the requested sealing order. Again, competent evidence supporting
11
the application to file documents under seal must be provided by declaration.
Any document that is not confidential, privileged, or otherwise protectable in
12
13
its entirety will not be filed under seal if the confidential portions can be redacted.
14
If documents can be redacted, then a redacted version for public viewing, omitting
15
only the confidential, privileged, or otherwise protectable portions of the document,
16
shall be filed. Any application that seeks to file documents under seal in their
17
entirety should include an explanation of why redaction is not feasible.
18
19
20
2.
DEFINITIONS
2.1
Action: this pending federal lawsuit in the United States Federal
21
District Court for the Central District of California, Case No. 2:16-cv-02590-AB
22
(GJSx).
23
24
25
2.2
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
2.3
“HIGHLY CONFIDENTIAL” Information or Items: information
26
(regardless of how it is generated, stored or maintained) or tangible things that the
27
designating party in good faith believes qualify for protection under Federal Rule of
28
Civil Procedure 26(c), and as specified above in the Good Cause Statement.
4
1
2.4
“CONFIDENTIAL” Information or Items: information (regardless of
2
how it is generated, stored or maintained) or tangible things that constitute private
3
business information or communications, as specified above in the Good Cause
4
Statement.
5
6
7
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 information or
8
items that it produces in disclosures or in responses to discovery as “HIGHLY
9
CONFIDENTIAL” or “CONFIDENTIAL.”
10
2.6
Disclosure or Discovery Material: all items or information, regardless
11
of the medium or manner in which it is generated, stored, or maintained (including,
12
among other things, testimony, transcripts, and tangible things), that are produced or
13
generated in disclosures or responses to discovery in this matter.
14
2.7
Expert: a person with specialized knowledge or experience in a matter
15
pertinent to the litigation who has been retained by a Party or its counsel to serve as
16
an expert witness or as a consultant in this Action.
17
2.8
House Counsel: attorneys who are employees of a party to this Action.
18
House Counsel does not include Outside Counsel of Record or any other outside
19
counsel.
20
21
22
2.9
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 of a
23
party to this Action but are retained to represent or advise a party to this Action and
24
have appeared in this Action on behalf of that party or are affiliated with a law firm
25
that has appeared on behalf of that party, and includes support staff.
26
2.11 Party: any party to this Action, including all of its officers, directors,
27
employees, consultants, retained experts, and Outside Counsel of Record (and their
28
support staffs).
5
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
1
2
Discovery Material in this Action.
3
2.13 Professional Vendors: persons or entities that provide litigation
4
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
5
demonstrations, and organizing, storing, or retrieving data in any form or medium)
6
and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is
7
8
designated as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery
9
10
Material from a Producing Party.
11
12
3.
SCOPE
13
The protections conferred by this Stipulation and Order cover not only
14
Protected Material (as defined above), but also (1) any information copied or
15
extracted from Protected Material; (2) all copies, excerpts, summaries, or
16
compilations of Protected Material; and (3) any testimony, conversations, or
17
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
18
19
trial judge. This Order does not govern the use of Protected Material at trial.
20
21
4.
DURATION
22
Once a case proceeds to trial, information that was designated as HIGHLY
23
CONFIDENTIAL or CONFIDENTIAL or maintained pursuant to this protective
24
order used or introduced as an exhibit at trial becomes public and will be
25
presumptively available to all members of the public, including the press, unless
26
compelling reasons supported by specific factual findings to proceed otherwise are
27
made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
28
(distinguishing “good cause” showing for sealing documents produced in discovery
6
1
from “compelling reasons” standard when merits-related documents are part of court
2
record). Accordingly, the terms of this protective order do not extend beyond the
3
commencement of the trial.
4
5
6
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
7
Each Party or Non-Party that designates information or items for protection under
8
this Order must take care to limit any such designation to specific material that
9
qualifies under the appropriate standards. The Designating Party must designate for
10
protection only those parts of material, documents, items or oral or written
11
communications that qualify so that other portions of the material, documents, items
12
or communications for which protection is not warranted are not swept unjustifiably
13
within the ambit of this Order.
14
Mass, indiscriminate or routinized designations are prohibited. Designations
15
that are shown to be clearly unjustified or that have been made for an improper
16
purpose (e.g., to unnecessarily encumber the case development process or to impose
17
unnecessary expenses and burdens on other parties) may expose the Designating
18
Party to sanctions.
19
If it comes to a Designating Party’s attention that information or items that it
20
designated for protection do not qualify for protection, that Designating Party must
21
promptly notify all other Parties that it is withdrawing the inapplicable designation.
22
5.2
Manner and Timing of Designations. Except as otherwise provided in
23
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
24
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
25
under this Order must be clearly so designated before the material is disclosed or
26
produced.
27
28
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
7
1
documents, but excluding transcripts of depositions or other pretrial or trial
2
proceedings), that the Producing Party affix at a minimum, the legend “HIGHLY
3
CONFIDENIAL” or “CONFIDENTIAL” (hereinafter “legend”), to each page that
4
contains protected material. If only a portion of the material on a page qualifies for
5
protection, the Producing Party also must clearly identify the protected portion(s)
6
(e.g., by making appropriate markings in the margins).
7
A Party or Non-Party that makes original documents available for inspection
8
need not designate them for protection until after the inspecting Party has indicated
9
which documents it would like copied and produced. During the inspection and
10
before the designation, all of the material made available for inspection shall be
11
deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the
12
documents it wants copied and produced, the Producing Party must determine which
13
documents, or portions thereof, qualify for protection under this Order. Then,
14
before producing the specified documents, the Producing Party must affix the legend
15
to each page that contains Protected Material. If only a portion of the material on a
16
page qualifies for protection, the Producing Party also must clearly identify the
17
protected portion(s) (e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identifies
18
19
the Disclosure or Discovery Material on the record, before the close of the
20
deposition all protected testimony.
(c) for information produced in some form other than documentary and
21
22
for any other tangible items, that the Producing Party affix in a prominent place on
23
the exterior of the container or containers in which the information is stored the
24
legend “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.” If only a portion or
25
portions of the information warrants protection, the Producing Party, to the extent
26
practicable, shall identify the protected portion(s).
27
28
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
8
1
the Designating Party’s right to secure protection under this Order for such material.
2
Upon timely correction of a designation, the Receiving Party must make reasonable
3
efforts to assure that the material is treated in accordance with the provisions of this
4
Order. A Party may retroactively designate documents previously produced before
5
the entry of this Protective Order in accordance with its terms.
6
7
6.
6.1
8
9
10
Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
6.2
11
12
CHALLENGING CONFIDENTIALITY DESIGNATIONS
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3
13
The burden of persuasion in any such challenge proceeding shall be on
14
the Designating Party. Frivolous challenges, and those made for an improper
15
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
16
parties) may expose the Challenging Party to sanctions. Unless the Designating
17
Party has waived or withdrawn the confidentiality designation, all parties shall
18
continue to afford the material in question the level of protection to which it is
19
entitled under the Producing Party’s designation until the Court rules on the
20
challenge.
21
22
23
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
24
disclosed or produced by another Party or by a Non-Party in connection with this
25
Action only for prosecuting, defending or attempting to settle this Action.
26
“HIGHLY CONFIDENTIAL” Material may be disclosed only to the categories of
27
persons and under the conditions described in this Order. When the Action has been
28
terminated, a Receiving Party must comply with the provisions of section 13 below
9
1
2
(FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
3
location and in a secure manner that ensures that access is limited to the persons
4
authorized under this Order.
5
7.2
Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.
6
Unless otherwise ordered by the court or permitted in writing by the Designating
7
Party, a Receiving Party may disclose any information or item designated
8
“HIGHLY CONFIDENTIAL” only to:
9
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
10
well as employees of said Outside Counsel of Record to whom it is reasonably
11
necessary to disclose the information for this Action;
12
(b) the in-house counsel, officers, directors, and managerial employees of
13
the Receiving Party to whom disclosure is reasonably necessary for this Action;
14
(c) Experts (as defined in this Order) of the Receiving Party to whom
15
disclosure is reasonably necessary for this Action and who have signed the
16
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
17
(d) the court and its personnel;
18
(e) court reporters and their staff;
19
(f) professional jury or trial consultants, mock jurors, and Professional
20
Vendors to whom disclosure is reasonably necessary for this Action and who have
21
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22
23
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
24
(h) during their depositions, witnesses, and attorneys for witnesses, in the
25
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
26
requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
27
not be permitted to keep any confidential information unless they sign the
28
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
10
1
agreed by the Designating Party or ordered by the court. Pages of transcribed
2
deposition testimony or exhibits to depositions that reveal Protected Material may
3
be separately bound by the court reporter and may not be disclosed to anyone except
4
as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,
5
6
mutually agreed upon by any of the parties engaged in settlement discussions.
7
8
9
10
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
If a Party is served with a subpoena, a court order issued in other litigation, or
11
a California Public Records Act Request (“CPRA request”) that compels disclosure
12
of any information or items designated in this Action as “HIGHLY
13
CONFIDENTIAL” or “CONFIDENTIAL,” that Party must:
14
15
(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena, court order or CPRA request;
16
(b) promptly notify in writing the party who caused the subpoena, order or
17
CPRA request to notify all interested parties that some or all of the material covered
18
by the subpoena or order is subject to this Protective Order. Such notification shall
19
include a copy of this Stipulated Protective Order; and
20
21
22
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
23
the subpoena, or court order or CPRA Request shall not produce any information
24
designated in this action as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL”
25
before a determination by the court from which the subpoena or order issued, or in
26
which the CPRA request is to be enforced, unless the Party has obtained the
27
Designating Party’s permission. The Designating Party shall bear the burden and
28
expense of seeking protection in that court of its confidential material and nothing in
11
1
these provisions should be construed as authorizing or encouraging a Receiving
2
Party in this Action to disobey a lawful directive from another court.
3
4
5
6
9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a
7
Non-Party in this Action and designated as “HIGHLY CONFIDENTIAL” or
8
“CONFIDENTIAL.” Such information produced by Non-Parties in connection with
9
this litigation is protected by the remedies and relief provided by this Order.
10
Nothing in these provisions should be construed as prohibiting a Non-Party from
11
seeking additional protections.
12
(b) In the event that a Party is required, by a valid discovery request, to
13
produce a Non-Party’s confidential information in its possession, and the Party is
14
subject to an agreement with the Non-Party not to produce the Non-Party’s
15
confidential information, then the Party shall:
16
(1) promptly notify in writing the Requesting Party and the Non-Party
17
that some or all of the information requested is subject to a confidentiality
18
agreement with a Non-Party;
19
(2) promptly provide the Non-Party with a copy of the Stipulated
20
Protective Order in this Action, the relevant discovery request(s), and a reasonably
21
specific description of the information requested; and
22
23
(3) make the information requested available for inspection by the
Non-Party, if requested.
24
(c) If the Non-Party fails to seek a protective order from this court within
25
14 days of receiving the notice and accompanying information, the Receiving Party
26
may produce the Non-Party’s confidential information responsive to the discovery
27
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
28
not produce any information in its possession or control that is subject to the
12
1
confidentiality agreement with the Non-Party before a determination by the court.
2
Absent a court order to the contrary, the Non-Party shall bear the burden and
3
expense of seeking protection in this court of its Protected Material.
4
5
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
6
7
Protected Material to any person or in any circumstance not authorized under this
8
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
9
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
10
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
11
persons to whom unauthorized disclosures were made of all the terms of this Order,
12
and (d) request such person or persons to execute the “Acknowledgment and
13
Agreement to Be Bound” that is attached hereto as Exhibit A.
14
15
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16
PROTECTED MATERIAL
17
When a Producing Party gives notice to Receiving Parties that certain
18
inadvertently produced material is subject to a claim of privilege or other protection,
19
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20
Procedure 26(b)(5)(B); the Parties’ Stipulation and Order Re Critical Energy
21
Infrastructure Information (CEII) Under 18 CFR §388.1113(c), entered by this
22
Court on February 16, 2017, Court Document No. 61; and the Parties’ Clawback
23
Stipulation and Order Pursuant to Federal Rule of Evidence 502, entered by this
24
Court on February 16, 2017, Court Document No. 62
25
26
27
28
12.
MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.
13
12.2 Right to Assert Other Objections. By stipulating to the entry of this
1
2
Protective Order, no Party waives any right it otherwise would have to object to
3
disclosing or producing any information or item on any ground not addressed in this
4
Stipulated Protective Order. Similarly, no Party waives any right to object on any
5
ground to use in evidence of any of the material covered by this Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any
6
7
“HIGHLY CONFIDENTIAL” Material must comply with Local Civil Rule 79-5.
8
Protected Material may only be filed under seal pursuant to a court order authorizing
9
the sealing of the specific Protected Material at issue. If a Party’s request to file
10
Protected Material under seal is denied by the court, then the Receiving Party may
11
file the information in the public record unless otherwise instructed by the court.
12
13.
FINAL DISPOSITION
13
After the final disposition of this Action, as defined in paragraph 4, within
14
60 days of a written request by the Designating Party, each Receiving Party must
15
return all Protected Material to the Producing Party or destroy such material. As
16
used in this subdivision, “all Protected Material” includes all copies, abstracts,
17
compilations, summaries, and any other format reproducing or capturing any of the
18
Protected Material. Whether the Protected Material is returned or destroyed, the
19
Receiving Party must submit a written certification to the Producing Party (and, if
20
not the same person or entity, to the Designating Party) by the 60 day deadline that
21
(1) identifies (by category, where appropriate) all the Protected Material that was
22
returned or destroyed and (2) affirms that the Receiving Party has not retained any
23
copies, abstracts, compilations, summaries or any other format reproducing or
24
capturing any of the Protected Material. Notwithstanding this provision, Counsel are
25
entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
26
and hearing transcripts, legal memoranda, correspondence, deposition and trial
27
exhibits, expert reports, attorney work product, and consultant and expert work
28
product, even if such materials contain Protected Material. Any such archival
14
1
copies that contain or constitute Protected Material remain subject to this Protective
2
Order as set forth in Section 4 (DURATION).
3
4
14.
VIOLATION
5
Any violation of this Order may be punished by appropriate measures including,
6
without limitation, contempt proceedings and/or monetary sanctions.
7
8
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9
10
Dated: April 3, 2017
11
12
13
BURKE, WILLIAMS & SORENSEN, LLP
H. James Wulfsberg
Gregory R. Aker
Timothy A. Colvig
By: /s/ Gregory R. Aker
Attorneys for CITY OF LOS
ANGELES, DEPARTMENT OF
WATER AND POWER
14
15
16
17
Dated: April 3, 2017
18
19
WATT, TIEDER, HOFFAR
& FITZGERALD, LLP
David F. McPherson
Shelly L. Ewald
By: /s/ Shelly L. Ewald
Attorneys for KIEWIT POWER
CONSTRUCTORS COMPANY
20
21
22
23
24
25
26
27
28
Dated: April 3, 2017
GLYNN & FINLEY, LLP
Clement L. Glynn
James M. Hanlon, Jr.
Jonathan A. Eldredge
By: /s/ James M. Hanlon, Jr.
Attorneys for GENERAL ELECTRIC
COMPANY
15
1
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
3
DATED: April 18, 2017
4
5
6
_____________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of
4
_________________ [print or type full address], declare under penalty of perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on [date] in the case of Kiewit Power Constructors Co. v. City of Los Angeles, Case
8
No. 2:16-cv-02590-AB (GJSx). . I agree to comply with and to be bound by all the
9
terms of this Stipulated Protective Order and I understand and acknowledge that
10
failure to so comply could expose me to sanctions and punishment in the nature of
11
contempt. I solemnly promise that I will not disclose in any manner any
12
information or item that is subject to this Stipulated Protective Order to any person
13
or entity except in strict compliance with the provisions of this Order.
14
I further agree to submit to the jurisdiction of the United States District Court for the
15
Central District of California for enforcing the terms of this Stipulated Protective
16
Order, even if such enforcement proceedings occur after termination of this action.
17
I hereby appoint __________________________ [print or type full name] of
18
_______________________________________ [print or type full address and
19
telephone number] as my California agent for service of process in connection with
20
this action or any proceedings related to enforcement of this Stipulated Protective
21
Order.
22
Date: ______________________________________
23
City and State where sworn and signed: _________________________________
24
25
Printed name: _______________________________
26
27
Signature: __________________________________
28
17
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?