Construction Laborers Trust Funds for Southern California Administrative Company v. Morrow-Meadows Corporation et al

Filing 60

PROTECTIVE ORDER by Magistrate Judge Alka Sagar re Stipulation for Protective Order 57 . (See document for complete details) (afe)

1
2
3
4
5
6
7
8
9
10

J. DAVID SACKMAN (SBN 106703)
Email: [e-mail]
REICH, ADELL & CVITAN, APC
3550 Wilshire Boulevard, Suite 2000
Los Angeles, California 90010-2421
Telephone: [phone], Facsimile: [phone]
Attorneys for Plaintiff Construction Laborers Trust
Funds for Southern California Administrative Co.
DAVID S. MCLEOD (SBN 66808)
Email: dmcleod@.mmwf.com
MCLEOD & WITHAM LLP
300 S. Grand Avenue, Suite 2525
Los Angeles, CA 90071
Telephone: [phone]; Facsimile: [phone]
Attorneys for Defendants Morrow-Meadows
Corporation and American Contractors Indemnity Co.

11
12
13
14
15
16

J. PAUL MOORHEAD (SBN 240029)
Email: [e-mail]
LAQUER, URBAN, CLIFFORD & HODGE LLP
225 South Lake Avenue, Suite 200
Pasadena, California 91101-3030
Telephone: [phone]; Facsimile: [phone]
Attorneys for Intervenors - Defendants,
Trustees of the Southern California IBEW-NECA Pension Plan, et al.

17
18
19

UNITED STATES DISTRICT COURT

20

CENTRAL DISTRICT OF CALIFORNIA

21
22
23

CONSTRUCTION LABORERS TRUST
FUNDS FOR SOUTHERN CALIFORNIA
ADMINISTRATIVE COMPANY,

24

v.

Discovery Matters Assigned to
Magistrate Judge Alka Sagar

Plaintiff,

25

Case No. 2:16-cv-07454-MWF(ASx)

26
27

MORROW-MEADOWS
CORPORATION, et al.,

28

STIPULATED
PROTECTIVE ORDER

Defendants,
~9903859.docx

1

Stipulated Protective Order

1
2
3
4

TRUSTEES OF THE SOUTHERN
CALIFORNIA IBEW-NECA PENSION
PLAN; et al.
Intervenors – Defendants,

5
6

Plaintiff

7

Administrative

8

Corporation (“Morrow-Meadows”) and American Contractors Indemnity Co., and

9

Intervenors-Defendants Trustees of the Southern California IBEW-NECA Pension Plan,

10

Construction
Company

Laborers
(“Laborers

Trust

Funds

Trusts”),

for

Southern

Defendants

California

Morrow-Meadows

et al. (“IBEW-NECA Trusts”), through their attorneys, hereby stipulate as follows:

11

1.

A.

PURPOSES AND LIMITATIONS

12

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

13

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

14

and from use for any purpose other than prosecuting this litigation may be warranted.

15

Accordingly, the parties hereby stipulate to and petition the Court to enter the following

16

Stipulated Protective Order. The parties acknowledge that this Order does not confer

17

blanket protections on all disclosures or responses to discovery and that the protection it

18

affords from public disclosure and use extends only to the limited information or items

19

that are entitled to confidential treatment under the applicable legal principles. The

20

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

21

Protective Order does not entitle them to file confidential information under seal; Civil

22

Local Rule 79-5 sets forth the procedures that must be followed and the standards that

23

will be applied when a party seeks permission from the court to file material under seal.

24

B.

25

This action is likely to involve private and confidential identification information

26

(social security numbers) of Morrow-Meadow employees. Through the ongoing audit

27

in this matter, the Laborers Trusts have already reviewed such information.

28

Additionally, the Laborers Trusts have served the IBEW-NECA Trusts with a document
~9903859.docx

GOOD CAUSE STATEMENT

2

Stipulated Protective Order

1

demand for certain unredacted reports, submitted by Morrow-Meadows to the IBEW-

2

NECA Trusts, which contain employee social security numbers. This action may also

3

involve information which Morrow-Meadows may claim is confidential.

4

information related to Morrow-Meadows and its employees is generally unavailable to

5

the public, and is entitled to special protection from public disclosure and from use for

6

any purpose other than prosecution of this action is warranted.

The

7

Accordingly, to expedite the flow of information, to facilitate the prompt

8

resolution of disputes over confidentiality of discovery materials, to adequately protect

9

information the parties are entitled to keep confidential, to ensure that the parties are

10

permitted reasonable necessary uses of such material in preparation for and in the

11

conduct of trial, to address their handling at the end of the litigation, and serve the ends

12

of justice, a protective order for such information is justified in this matter. It is the

13

intent of the parties that information will not be designated as confidential for tactical

14

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

15

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

16

not be part of the public record of this case.

17

2.

DEFINITIONS

18

2.1

Action: This pending federal law suit.

19

2.2

Challenging Party: A Party or Non-Party that challenges the designation of

20

information or items under this Order.

21

2.3

“CONFIDENTIAL” Information or Items: Information (regardless of how

22

it is generated, stored or maintained) or tangible things that qualify for protection under

23

Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

24

Statement.

25

2.4

Counsel: Outside Counsel of Record and House Counsel (as well as their

26

support staff).

27

///

28

///
~9903859.docx

3

Stipulated Protective Order

1

2.5

Designating Party: A Party or Non-Party that designates information or

2

items

3

“CONFIDENTIAL.”

4

that

2.6

it

produces

in

disclosures

or

in

responses

to

discovery

as

Disclosure or Discovery Material: All items or information, regardless of

5

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

6

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

7

in disclosures or responses to discovery in this matter.

8
9
10
11

2.7

Expert: A person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
2.8

House Counsel: Attorneys who are employees of a party to this Action.

12

House Counsel Does not include Outside Counsel of Record or any other outside

13

Counsel.

14
15

2.9

Non-Party: Any natural person, partnership, corporation, association, or

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

16

2.10 Outside Counsel of Record: Attorneys who are not employees of a party to

17

this Action but are retained to represent or advise a party to this Action and have

18

appeared in this Action on behalf of that party or are affiliated with a law firm which

19

has appeared on behalf of that party, and includes support staff.

20

2.11 Party: Any party to this Action, including all of its officers, directors,

21

employees, consultants, retained experts, and Outside Counsel of Record (and their

22

support staffs).

23
24
25

2.12 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
2.13 Professional Vendors: Persons or entities that provide litigation support

26

services

27

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

28

their employees and subcontractors.

(e.g.,

~9903859.docx

photocopying,

videotaping,

4

translating,

preparing

exhibits

Stipulated Protective Order

or

1
2

2.14 Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

3

2.15 Receiving Party: A Party that receives Disclosure or Discovery Material

4

from a Producing Party.

5

3.

SCOPE

6

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

7

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

8

Protected Material;(2) all copies, excerpts, summaries, or compilations of Protected

9

Material; and (3) any testimony, conversations, or presentations by Parties or their

10

Counsel that might reveal Protected Material. Any use of Protected Material at trial

11

shall be governed by the orders of the trial judge. This Order does not govern the use of

12

Protected Material at trial.

13

4.

DURATION

14

Even after final disposition of this litigation, the confidentiality obligations

15

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

16

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

17

later of (1) dismissal of all claims and defenses in this Action, with or without

18

prejudice; and (2) final judgment herein after the completion and exhaustion of all

19

appeals, rehearings, remands, trials, or reviews of this Action, including the time limits

20

for filing any motions or applications for extension of time pursuant to applicable law.

21

5.

22

DESIGNATING PROTECTED MATERIAL
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 this

24

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

25

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

26

only those parts of material, documents, items, or oral or written communications that

27

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

28

///
~9903859.docx

5

Stipulated Protective Order

1

which protection is not warranted are not swept unjustifiably within the ambit of this

2

Order.

3

Mass, indiscriminate, or routinized designations are prohibited. Designations that

4

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

5

(e.g., to unnecessarily encumber the case development processor to impose unnecessary

6

expenses and burdens on other parties) may expose the Designating Party to sanctions.

7

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

8

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

9

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

10

5.2

Manner and Timing of Designations. Except as otherwise provided in this

11

Order, or as otherwise stipulated or ordered, Disclosure Discovery Material that

12

qualifies for protection under this Order must be clearly so designated before the

13

material is disclosed or produced. Designation in conformity with this Order requires:

14

(a)

for information in documentary form (other than electronic

15

documents, dealt with below, and excluding transcripts of depositions or other pretrial

16

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

17

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

18

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

19

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

20

portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party

21

that makes original documents available for inspection need not designate them for

22

protection until after the inspecting Party has indicated which documents it would like

23

copied and produced. During the inspection and before the designation, all of the

24

material made available for inspection shall be deemed “CONFIDENTIAL.” After the

25

inspecting Party has identified the documents it wants copied and produced, the

26

Producing Party must determine which documents, or portions thereof, qualify for

27

protection under this Order. Then, before producing the specified documents, the

28

Producing Party must affix the “CONFIDENTIAL legend” to each page that contains
~9903859.docx

6

Stipulated Protective Order

1

Protected Material. If only a portion or portions of the material on a page qualifies for

2

protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

3

by making appropriate markings in the margins).

4

(b)

for testimony given in depositions that the Designating Party

5

identify the Disclosure or Discovery Material on the record, before the close of the

6

deposition all protected testimony.

7

(c)

for information produced in some form other than documentary and

8

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

9

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

10

“CONFIDENTIAL.”

11

protection, the Producing Party, to the extent practicable, shall identify the protected

12

portion(s).

13

(d)

If only a portion or portions of the information warrants

for information in electronic format, the Producing Party shall, in a

14

separate communication, indicate which portions of the electronic data should be

15

considered “CONFIDENTIAL” (e.g., indicating a column of social security numbers in

16

spreadsheet is “CONFIDENTIAL”). The Producing Party and the Receiving Party

17

shall jointly be responsible for taking reasonable precautions to assure that

18

CONFIDENTIAL information will be protected in the transmission or exchange of

19

electronic data.

20

regulations protecting the privacy of electronic data, including, but not limited to, the

21

Electronic Communications Privacy Act (18 U.S.C. §2510, et. seq.) and the Computer

22

Fraud and Abuse Act (18 U.S.C. §1030, et. seq.)

23

5.3

All Parties shall be responsible for complying with all laws and

Inadvertent Failures to Designate. If timely corrected, an inadvertent

24

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

25

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

26

timely correction of a designation, the Receiving Party must make reasonable efforts to

27

assure that the material is treated in accordance with the provisions of this Order.

28

///
~9903859.docx

7

Stipulated Protective Order

1

6.

2

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

3

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

4

Order.

5
6

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

7

6.3

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

8

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

9

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

10

Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

11

the confidentiality designation, all parties shall continue to afford the material in

12

question the level of protection to which it is entitled under the Producing Party’s

13

designation until the Court rules of the challenge.

14

7.

15

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

16

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

17

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

18

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

19

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

20

Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

Such

21

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

22

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

23

authorized under this Order.

24

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

25

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

26

may disclose any information or item designated “CONFIDENTIAL” only to:

27

///

28

///
~9903859.docx

8

Stipulated Protective Order

1

(a)

the Receiving Party’s Outside Counsel of Record in this Action, as well as

2

employees of said Outside Counsel of Record to whom it is reasonably necessary to

3

disclose the information for this Action;

4
5

(b)

the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this Action;

6

(c)

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

7

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

8

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

9

(d)

the court and its personnel;

10

(e)

court reporters and their staff;

11

(f)

professional jury or trial consultants, mock jurors, and Professional

12

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

13

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

14
15

(g)

the author or recipient of a document containing the information or a

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

16

(h)

during their depositions, witnesses, and attorneys for witnesses, in the

17

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

18

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

19

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

20

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

21

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

22

testimony or exhibits to depositions that reveal Protected Material may be separately

23

bound by the court reporter and may not be disclosed to anyone except as permitted

24

under this Stipulated Protective Order; and
(i)

25

any mediator or settlement officer, and their supporting personnel,

26

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

27

///

28

///
~9903859.docx

9

Stipulated Protective Order

1

8.

PROTECTED MATERIAL SUBPOENED OR ORDERED PRODUCED IN

2

OTHER LITIGATION

3

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

4

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

5

“CONFIDENTIAL,” that Party must:

6
7

(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;

8

(b)

promptly notify in writing the party who caused the subpoena or order to

9

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

10

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

11

Stipulated Protective Order; and

12

(c)

cooperate with respect to all reasonable procedures sought to be pursued

13

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

14

Party timely seeks a protective order, the Party served with the subpoena or court order

15

shall not produce any information designated in this action as “CONFIDENTIAL”

16

before a determination by the court from which the subpoena or order issued, unless the

17

Party has obtained the Designating Party’s permission. The Designating Party shall

18

bear the burden and expense of seeking protection in that court of its confidential

19

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

20

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

21

court.

22

9.

A

NON-PARTY’S

PROTECTED

23

(a)

SOUGHT

TO

BE

PRODUCED IN THIS LITIGATION

24

MATERIAL

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

25

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

26

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

27

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

28

a Non-Party from seeking additional protections.
~9903859.docx

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 confidential

4

information, then the Party shall:

5

(1)

promptly notify in writing the Requesting Party and the Non-Party

6

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

7

with a Non-Party;

8
9
10

(2)

Protective Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and

11
12

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

(3)

make the information requested available for inspection by the 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 may

15

produce the Non-Party’s confidential information responsive to the discovery request. If

16

the Non-Party timely seeks a protective order, the Receiving Party shall not produce

17

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

18

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

19

to the contrary, the Non-Party shall bear the burden and expense of seeking protection

20

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 an person or in any circumstance not authorized under this

24

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

25

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

26

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

27

whom unauthorized disclosures were made of all the terms of this Order, and (d)

28
~9903859.docx

11

Stipulated Protective Order

1

request such person or persons to execute the “Acknowledgment and Agreement to Be

2

Bound” (Exhibit A).

3

11.

INADVERTENT

PRODUCTION

OF

PRIVILEGE

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 protection, the

7

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

8

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

9

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

10

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

11

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

12

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

13

parties may incorporate their agreement in the stipulated protective order submitted to

14

the court.

15

12.

16
17

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.

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 Civil Local Rule 79-5. Protected Material may

25

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

26

Protected Material at issue. If a Party's request to file Protected Material under seal is

27

denied by the court, then the Receiving Party may file the information in the public

28

record unless otherwise instructed by the court.
~9903859.docx

12

Stipulated Protective Order

1

12.4 Nothing herein is meant to alter or supersede the obligations of counsel to

2

comply with the E-Government Act of 2002, Public Law 107–347, Fed. R. Civ. P. 5.2,

3

and Local Rule 5-2, in filing documents with the Court.

4

12.5 It is recognized that the Laborers Trusts and the IBEW-NECA Trusts are

5

fiduciaries as to employee benefit plans governed by the Employee Retirement Income

6

Security Act (ERISA), 29 U.S.C. §§ 1001, et. seq. As such, they (and other agents and

7

employees of such employee benefit plans) have independent legal obligations under

8

ERISA and other laws regarding reporting, disclosure, use and protection of certain

9

information. Nothing herein is meant to alter or supersede those legal obligations in

10

any way.

11

13.

FINAL DISPOSITION

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

category, where appropriate) all the Protected Material that was returned or destroyed

21

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

22

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

23

Protected Material. Notwithstanding this provision, Counsel are entitle to retain an

24

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

25

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

26

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

27

Protected Material.

28

Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
~9903859.docx

Any such archival copies that contain or constitute Protected

13

Stipulated Protective Order

1

14.

2

including, without limitation, contempt proceedings and/or monetary sanctions.

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

3
4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5
6

Dated: December 4, 2017

7

By: /S/ J. David Sackman
J. David Sackman, Counsel for Plaintiff,
Construction Laborers Trust Funds for Southern
California Administrative Company

8
9
10

Dated: December 4, 2017

MCLEOD & WITHAM LLP
By: /S/ David S. McLeod
David S. McLeod, Counsel for Defendants,
Defendants Morrow-Meadows Corporation and
American Contractors Indemnity Co.

11
12
13
14

REICH, ADELL & CVITAN, APC

Dated: December 4, 2017

LAQUER, URBAN, CLIFFORD & HODGE LLP
By: /S/ J. Paul Moorhead
J. Paul Moorhead, Counsel for Intervenors –
Defendants, Trustees of the Southern California
IBEW-NECA Pension Plan, et. al.

15
16
17
18
19

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20
21

December 6, 2017
Dated: ___________________

/ s / Alka Sagar
_______________________________
Honorable Alka Sagar
United States Magistrate Judge

22
23
24
25
26
27
28
~9903859.docx

14

Stipulated Protective Order

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, ________________ [print or type full name], of ______________________________

5

[print or type full address], declare under penalty of perjury that I have read in its

6

entirety and understand the Stipulated Protective Order that was issued by the United

7

States District Court for the Central District of California on [date] in the case of

8

Construction Laborers Trust Funds for Southern California Administrative Company v.

9

Morrow-Meadows Corporation, et al., USDC Case No. 2:16-cv-07454-MWF(ASx). I

10

agree to comply with and to be bound by all the terms of this Stipulated Protective

11

Order and I understand and acknowledge that failure to so comply could expose me to

12

sanctions and punishment in the nature of contempt. I solemnly promise that I will not

13

disclose in any manner any information or item that is subject to this Stipulated

14

Protective Order to any person or entity except in strict compliance with the provisions

15

of this Order. I further agree to submit to the jurisdiction of the United States District

16

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

17

Stipulated Protective Order, even if such enforcement proceeding occur after

18

termination of this action. I hereby appoint _______________ [print or type full name]

19

of ____________________________ [print or type full address and telephone number]

20

as my California agent for service of proceedings connection with this action or any

21

proceedings related to enforcement of this Stipulated Protective Order.

22
23

Date: __________________

24

City and State where sworn and signed: ________________________________

25

Printed name:

_________________________________

26

Signature:

_________________________________

27
28
~9903859.docx

15

Stipulated Protective Order