Trustees of the Operating Engineers Pension Trust et al v. Jagur Tractor et al

Filing 46

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 44 (sbu)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LOS ANGELES 11 TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST; 12 TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND 13 WELFARE FUND; TRUSTEES OF THE OPERATING ENGINEERS 14 VACATION-HOLIDAY SAVINGS TRUST; and TRUSTEES OF THE 15 OPERATING ENGINEERS TRAINING TRUST, 16 Plaintiffs, 17 v. 18 JAGUR TRACTOR, a California 19 corporation also doing business as “Jagur Tractor Equipment Rental”; BIG 20 CAT EQUIPMENT RENTALS, LLC a California limited liability company; 21 and CHINO GRADING, Inc., a California corporation, 22 Defendants. 23 Case No. 2:16-cv-07819 AB (RAOx) DISCOVERY MATTER STIPULATED PROTECTIVE ORDER District Judge: Hon. Andre Birotte, Jr. Magistrate Judge: Hon. Rozella A. Oliver 24 1. A. PURPOSES AND LIMITATIONS 25 Discovery in this action is likely to involve production of confidential, 26 proprietary or private information for which special protection from public 27 disclosure and from use for any purpose other than prosecuting this litigation may 28 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 015770.00008 17219922.1 -1STIPULATED PROTECTIVE ORDER 1 enter the following Stipulated Protective Order. The parties acknowledge that this 2 Order does not confer blanket protections on all disclosures or responses to 3 discovery and that the protection it affords from public disclosure and use extends 4 only to the limited information or items that are entitled to confidential treatment 5 under the applicable legal principles. 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve trade secrets, customer and pricing lists and 8 other valuable research, development, commercial, financial, technical and/or 9 proprietary information for which special protection from public disclosure and 10 from use for any purpose other than prosecution of this action is warranted. Such 11 confidential and proprietary materials and information consist of, among other 12 things, confidential business or financial information, information regarding 13 confidential business practices, or other confidential research, development, or 14 commercial information (including information implicating privacy rights of third 15 parties), information otherwise generally unavailable to the public, or which may be 16 privileged or otherwise protected from disclosure under state or federal statutes, 17 court rules, case decisions, or common law. 18 For example, Plaintiffs have already served inspection demands seeking the 19 following: information about Defendants’ profits and/or revenue associated with 20 particular services; invoices issued by Defendants to its customers; projects bids, 21 proposals, estimates, and cost reports; contracts between Defendants and its 22 customers and any related notes and memoranda; subcontracts with third parties; 23 banking records, bank statements, checks, and credit/debit memos; detailed tax 24 information including federal and state tax returns, Federal Forms 941, W-2, W-3, 25 1099, 1096, and California Form DE-6; private financial information about third 26 parties including Defendants’ former and current employees. 27 Public disclosure of such information would severely harm Defendants given 28 the competitive nature of the construction industry. 015770.00008 17219922.1 -2STIPULATED PROTECTIVE ORDER 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and 6 serve the ends of justice, a protective order for such information is justified in this 7 matter. It is the intent of the parties that information will not be designated as 8 confidential for tactical reasons and that nothing be so designated without a good 9 faith belief that it has been maintained in a confidential, non-public manner, and 10 there is good cause why it should not be part of the public record of this case. 11 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 15 and the standards that will be applied when a party seeks permission from the court 16 to file material under seal. There is a strong presumption that the public has a right 17 of access to judicial proceedings and records in civil cases. In connection with non18 dispositive motions, good cause must be shown to support a filing under seal. See 19 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 20 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar21 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 22 stipulated protective orders require good cause showing), and a specific showing of 23 good cause or compelling reasons with proper evidentiary support and legal 24 justification, must be made with respect to Protected Material that a party seeks to 25 file under seal. The parties’ mere designation of Disclosure or Discovery Material as 26 CONFIDENTIAL does not—without the submission of competent evidence by 27 declaration, establishing that the material sought to be filed under seal qualifies as 28 confidential, privileged, or otherwise protectable—constitute good cause. 015770.00008 17219922.1 -3STIPULATED PROTECTIVE ORDER 1 Further, if a party requests sealing related to a dispositive motion or trial, then 2 compelling reasons, not only good cause, for the sealing must be shown, and the 3 relief sought shall be narrowly tailored to serve the specific interest to be protected. 4 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 5 each item or type of information, document, or thing sought to be filed or introduced 6 under seal in connection with a dispositive motion or trial, the party seeking 7 protection must articulate compelling reasons, supported by specific facts and legal 8 justification, for the requested sealing order. Again, competent evidence supporting 9 the application to file documents under seal must be provided by declaration. Any 10 document that is not confidential, privileged, or otherwise protectable in its entirety 11 will not be filed under seal if the confidential portions can be redacted. If documents 12 can be redacted, then a redacted version for public viewing, omitting only the 13 confidential, privileged, or otherwise protectable portions of the document, shall be 14 filed. Any application that seeks to file documents under seal in their entirety should 15 include an explanation of why redaction is not feasible. 16 2. DEFINITIONS 17 2.1 Action: Trustees of the Operating Engineers Pension Trust, et al., v. 18 Jagur Tractor, et al., Case No. 2:16-cv-07819 AB (RAOx). 19 2.2 Challenging Party: a Party or Non-Party that challenges the designation 20 of information or items under this Order. 21 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 22 how it is generated, stored or maintained) or tangible things that qualify for 23 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 the Good Cause Statement. 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 26 their support staff). 27 2.5 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as 015770.00008 17219922.1 -4STIPULATED PROTECTIVE ORDER 1 “CONFIDENTIAL.” 2 2.6 Disclosure or Discovery Material: all items or information, regardless 3 of the medium or manner in which it is generated, stored, or maintained (including, 4 among other things, testimony, transcripts, and tangible things), that are produced or 5 generated in disclosures or responses to discovery in this matter. 6 2.7 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as 8 an expert witness or as a consultant in this Action. 9 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in 10 this Action, with or without prejudice; and (2) final judgment herein after the 11 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 12 this Action, including the time limits for filing any motions or applications for 13 extension of time pursuant to applicable law. 14 2.9 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 2.10 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this action. 19 2.11 Outside Counsel of Record: attorneys who are not employees of a party 20 to this Action but are retained to represent or advise a party to this Action and have 21 appeared in this Action on behalf of that party or are affiliated with a law firm that 22 has appeared on behalf of that party, and includes support staff. 23 2.12 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 28 015770.00008 17219922.1 2.14 Professional Vendors: persons or entities that provide litigation support -5STIPULATED PROTECTIVE ORDER 1 services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 demonstrations, and organizing, storing, or retrieving data in any form or medium) 3 and their employees and subcontractors. 4 2.15 Protected Material: any Disclosure or Discovery Material that is 5 designated as “CONFIDENTIAL.” 6 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 7 from a Producing Party. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only 10 Protected Material (as defined above), but also (1) any information copied or 11 extracted from Protected Material; (2) all copies, excerpts, summaries, or 12 compilations of Protected Material; and (3) any testimony, conversations, or 13 presentations by Parties or their Counsel that might reveal Protected Material. 14 Any use of Protected Material at trial shall be governed by the orders of the 15 trial judge. This Order does not govern the use of Protected Material at trial. 16 4. DURATION 17 Once a case proceeds to trial, information that was designated as 18 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 19 as an exhibit at trial becomes public and will be presumptively available to all 20 members of the public, including the press, unless compelling reasons supported by 21 specific factual findings to proceed otherwise are made to the trial judge in advance 22 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 23 showing for sealing documents produced in discovery from “compelling reasons” 24 standard when merits-related documents are part of court record). Accordingly, the 25 terms of this protective order do not extend beyond the commencement of the trial. 26 5. 27 5.1 28 015770.00008 17219922.1 DESIGNATING PROTECTED MATERIAL Each Party or Non-Party that designates information or items for protection Exercise of Restraint and Care in Designating Material for Protection. -6STIPULATED PROTECTIVE ORDER 1 under this Order must take care to limit any such designation to specific material 2 that qualifies under the appropriate standards. The Designating Party must designate 3 for protection only those parts of material, documents, items or oral or written 4 communications that qualify so that other portions of the material, documents, items 5 or communications for which protection is not warranted are not swept unjustifiably 6 within the ambit of this Order. 7 Mass, indiscriminate or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating 11 Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 under this Order must be clearly so designated before the material is disclosed or 19 produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic documents, 22 but excluding transcripts of depositions or other pretrial or trial proceedings), that 23 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 24 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 25 portion of the material on a page qualifies for protection, the Producing Party also 26 must clearly identify the protected portion(s) (e.g., by making appropriate markings 27 in the margins). 28 015770.00008 17219922.1 A Party or Non-Party that makes original documents available for inspection -7STIPULATED PROTECTIVE ORDER 1 need not designate them for protection until after the inspecting Party has indicated 2 which documents it would like copied and produced. During the inspection and 3 before the designation, all of the material made available for inspection shall be 4 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 5 documents it wants copied and produced, the Producing Party must determine which 6 documents, or portions thereof, qualify for protection under this Order. Then, 7 before producing the specified documents, the Producing Party must affix the 8 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 9 portion of the material on a page qualifies for protection, the Producing Party also 10 must clearly identify the protected portion(s) (e.g., by making appropriate markings 11 in the margins). 12 (b) for testimony given in depositions that the Designating Party identifies the 13 Disclosure or Discovery Material on the record, before the close of the deposition all 14 protected testimony. 15 (c) for information produced in some form other than documentary and for 16 any other tangible items, that the Producing Party affix in a prominent place on the 17 exterior of the container or containers in which the information is stored the legend 18 “CONFIDENTIAL.” If only a portion or portions of the information warrants 19 protection, the Producing Party, to the extent practicable, shall identify the protected 20 portion(s). 21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 6. 28 015770.00008 17219922.1 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a -8STIPULATED PROTECTIVE ORDER 1 designation of confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. 3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 4 resolution process under Local Rule 37.1 et seq. The Challenging Party shall be 5 designated as the “moving party” under Local Rule 37.1 et seq. 6 6.3 The burden of persuasion in any such challenge proceeding shall be on 7 the Designating Party. Frivolous challenges, and those made for an improper 8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 9 parties) may expose the Challenging Party to sanctions. Unless the Designating 10 Party has waived or withdrawn the confidentiality designation, all parties shall 11 continue to afford the material in question the level of protection to which it is 12 entitled under the Producing Party’s designation until the Court rules on the 13 challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 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. Such 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 20 Receiving Party must comply with the provisions of section 13 below (FINAL 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or 28 “CONFIDENTIAL” only to: 015770.00008 17219922.1 -9STIPULATED PROTECTIVE ORDER item designated 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 (b) the officers, directors, and employees (including House Counsel) of the 5 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 (g) the author or recipient of a document containing the information or a 15 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 A hereto 19 (“Acknowledgment and Agreement to Be Bound”); and (2) they will not be 20 permitted to keep any confidential information unless they sign Exhibit A, unless 21 otherwise agreed by the Designating Party or ordered by the court. If a witness 22 and/or the witness’ attorney refuse to sign Exhibit A, the parties will meet and 23 confer regarding methods to limit the exposure of Protected Material during the 24 deposition. Pages of transcribed deposition testimony or exhibits to depositions that 25 reveal Protected Material may be separately bound by the court reporter and may 26 not be disclosed to anyone except as permitted under this Stipulated Protective 27 Order; and 28 015770.00008 17219922.1 (i) any mediator or settlement officer, and their supporting personnel, - 10 STIPULATED PROTECTIVE ORDER 1 mutually agreed upon by any of the parties engaged in settlement discussions. 2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 3 IN OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to 10 issue in the other litigation that some or all of the material covered by the subpoena 11 or order is subject to this Protective Order. Such notification shall include a copy of 12 this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued 14 by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with 16 the subpoena or court order shall not produce any information designated in this 17 action as “CONFIDENTIAL” before a determination by the court from which the 18 subpoena or order issued, unless the Party has obtained the Designating Party’s 19 permission. The Designating Party shall bear the burden and expense of seeking 20 protection in that court of its confidential material and nothing in these provisions 21 should be construed as authorizing or encouraging a Receiving Party in this Action 22 to disobey a lawful directive from another court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be 015770.00008 17219922.1 - 11 STIPULATED PROTECTIVE ORDER 1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the Non- 13 Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 14 15 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 27 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 28 persons to whom unauthorized disclosures were made of all the terms of this Order, 015770.00008 17219922.1 - 12 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 protection, 7 the 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 10 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 11 as the 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 14 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. Unless the Designating 25 Party has withdrawn the confidentiality designation, any Party seeking to file any 26 Protected Material with the court must first follow the procedure set forth by Local 27 Civil Rule 79-5.2.2. Protected Material may only be filed under seal pursuant to a 28 court order authorizing the sealing of the specific Protected Material at issue. If a 015770.00008 17219922.1 - 13 STIPULATED PROTECTIVE ORDER 1 Party’s request to file Protected Material under seal is denied by the court, then the 2 Receiving Party may file the information in the public record unless otherwise 3 instructed by the court. 4 13. FINAL DISPOSITION 5 After the Final Disposition of this Action, as defined in paragraph 2.8, within 6 60 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 Protected Material. Whether the Protected Material is returned or destroyed, the 11 Receiving Party must submit a written certification to the Producing Party (and, if 12 not the same person or entity, to the Designating Party) by the 60 day deadline that 13 (1) identifies (by category, where appropriate) all the Protected Material that was 14 returned or destroyed and (2) affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 17 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 18 and hearing transcripts, legal memoranda, correspondence, deposition and trial 19 exhibits, expert reports, attorney work product, and consultant and expert work 20 product, even if such materials contain Protected Material. Any such archival copies 21 that contain or constitute Protected Material remain subject to this Protective Order 22 as set forth in Section 4 (DURATION). Additionally, Plaintiffs may retain any audit 23 reports or summaries prepared during this case even if said reports or summaries 24 contain information derived from Protected Materials. The prior sentence is meant 25 to allow Plaintiffs to apply any fringe benefit contributions awarded to the Plaintiffs 26 through this Action (if any), to the appropriate benefit accounts of the employees 27 and/or former employees of Defendants. 28 / / / 015770.00008 17219922.1 - 14 STIPULATED PROTECTIVE ORDER 1 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 Dated: October 9, 2017 6 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 7 By: /s/ Timothy M. Wojcik Steven D. Atkinson L. Brent Garrett Timothy M. Wojcik Attorneys for Defendants JAGUR TRACTOR; BIG CAT EQUIPMENT RENTALS, LLC; and CHINO GRADING, INC.. 8 9 10 11 12 13 Dated: October 9, 2017 LAQUER, URBAN, CLIFFORD & HODGE LLP 14 By: /s/ J. Paul Moorhead J. Paul Moorhead Attorneys for Plaintiffs TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST, ET AL.; TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE FUND; TRUSTEES OF THE OPERATING ENGINEERS VACATION-HOLIDAY SAVINGS TRUST; and TRUSTEES OF THE OPERATING ENGINEERS TRAINING TRUST 15 16 17 18 19 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 DATED: October 10, 2017 24 25 _____________________________________ HON. ROZELLA A. OLIVER 26 United States Magistrate Judge 27 28 015770.00008 17219922.1 - 15 STIPULATED PROTECTIVE ORDER 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 [___________] in the case of Trustees of the Operating Engineers Pension Trust, 8 et al., v. Jagur Tractor, et al., Case No. 2:16-cv-07819 AB (RAOx). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order and 10 I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: _________________________________ 27 28 015770.00008 17219922.1 - 16 STIPULATED PROTECTIVE ORDER

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