Raul Carranza v. McDonald's Corporation

Filing 22

PROTECTIVE ORDER by Magistrate Judge Suzanne H. Segal re Stipulation for Protective Order 21 . (See document for details). (mr)

1
2
3
4
5

6

Mauro Fiore, Jr.(SBN 196857)
mfiore(~fiorelegal.com
Sergio l: Puche(SBN 289437)
spuche fiorelegal.com
LAW O FICES OF MAURO FIORE, JR.
136 E. Lemon Ave.
Monrovia, CA 91016
Telephone: [phone]
Facsimile: 626)386-5828
Attorneys for Plaintiff
Raul Carranza

7

Susan L. Gutierrez(SBN 273980)
[e-mail]
Elaine H. Lee(SBN 294002)
9 ehlee(~proskauer.com
PROSKAUER ROSE LLP
l0 2049 Century Park East, Suite 3200
Los Angeles, CA 90067-3206
1 1 Telephone: [phone]
Facsimile: [phone]
8

12

Nigel F. Telman (appearing pro hac vice)
ntelman proskauer.com
PROSK~UER ROSE LLP
14 Three First National Plaza
7 West Madison, Suite 3800
0
15 Chicago, IL 60602-4342
Telephone: [phone]
16 Facsimile: ~312~ 962-3551
13

17

Attorneys for Defendant
McDonald's CoYporation

18

19

UNITED STATES DISTRICT COURT

2
0

CENTRAL DISTRICT OF CALIFORNIA

21
22

Raul Carranza, an individual,
Plaintiff,

23
24
25
2
6

McDonald's Corporation,,a corporation;
and DOES 1 through 50, inclusive,
Defendants.

Case No. 2:16-cv-09572-VAP-SSx
Judge: Hon. Virginia Phillips
DISCOVERY MATTER:
[
]STIPULATED
PROTECTIVE ORDER RE:
CONFIDENTIAL
INFORMATION

27
28

Actian Filed: October 26,2016
Removed: December 28,2016
Trial Date: January 30, 2018

1

Upon consideration of this Stipulation to a Protective Order Regarding

2

Confidential Information

3

McDonald's Corporation, filed in the above-entitled action, and good cause

4

appearing therefore,

5

between plaintiff Raul Carranza and

IT IS HEREBY ORDERED AS FOLLOWS:
DEFINITIONS

6
7

8
9

defendant

1.

(a)

Party. Any party to this action, including the party's officers,

directors and employees.
(
b)

Disclosure or Discovery Material.

Information and tangible

l0 things, regardless of how created, stored or maintained, produced in disclosures or
11

responses to discovery in this action. Discovery Material includes, among other

12

things, transcripts of deposition testimony taken in this action.

13
14
15
16
17
18

(
c)

Producing Party. A Party or nonparty that produces Disclosure

or Discovery Material.
(
d)

Receiving Partv. A Party that receives Disclosure or Discovery

Material from a Producing Party.
(
e)

Confidential Disclosure or Discover~Material. Disclosure or

Discovery Material that qualifies for protection under standards developed under

19 Fed. R. Civ. P. 26(c).
2
0

(
~

Hi~y Confidential — Attorneys' Eyes Only Disclosure or

21

Discovery Material.

22

Material, which, if disclosed to another Party or nonparty, would create a substantial

23

risk of serious competitive, financial, or other injury to the disclosing party, which

24

could not be avoided by less restrictive means, including, without limitation, any

25

Discovery Material ordered by the Court to be disseminated on a Highly-

2
6

Confidential-Attorneys' Eyes Only basis.

Highly sensitive Confidential Disclosure or Discovery

27
28

1

(g)

1

Protected Material. Disclosure or Discovery Material that is

2

designated CONFIDENTIAL or HIGHLY CONFIDENTIAL —ATTORNEYS'

3

EYES ONLY.
(
h)

Desi gnating Party. A Party or nonparty that designates Protected

(i)

4

In-House Counsel. Attorneys (and their support staffs) who are

s Material.
6
7

employees of a Party.
(
j)

8
9
10

not employees of a Party but who are retained to represent or advise a Party in this
action.
(k)

11
12

Outside Counsel. Attorneys (and their support staffs) who are

Counsel (without qualifier).

Outside Counsel and In-House

Counsel(and their support staffs).
(
1)

13

Expert. A person with specialized knowledge or experience in a

15

matter pertinent to the action who has been retained by a Party or its Counsel to
serve as an expert witness or consultant. This definition includes a professional jury

16

or trial consultant retained in connection with this action.

14

17

(
m) Professional Vendors. Persons or entities that provide litigation

18

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

19

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

2
0

their employees and subcontractors.
n}
(

21

Final Disposition. (1)Entry of judgment and either exhaustion

22

of all appeals or expiration of the time in which to appeal; or(2)a settlement among

23

all parties and dismissal such that no action remains pending.

2
4
25

SCOPE
2
.

The protections conferred by this Protective Order cover not only

6
2

Protected Material, but also any information extracted from Protected Material,

27

including, but not limited to, copies, excerpts, summaries, compilations, testimony,

28

2

i

1 ~ ~ conversations, or presentations by a Party or Counsel to or in court or in other
2 ~ ~ settings that might reveal Protected Material.
3

DURATION
3
.

Even after Final Disposition, the confidentiality obligations imposed
5 by this Protective Order shall remain in effect until a Designating Party agrees
4

6 ~ ~ otherwise in writing or a court order otherwise directs.
DESIGNATING PROTECTED MATERIAL

7

4.

(a)

Exercise of Restraint and Care in Desi nating Material for
9 Protection. Each Party or nonparty that designates Disclosure or Discovery Material
8

or
l0 f protection under this Protective Order must take care to limit any such
1 1 designation to specific material that qualifies under the appropriate standards. A
12

Designating Party must take care to designate as Protected Material only those parts

of Disclosure or Discovery Material that qualify, so that other portions of the
14 Disclosure or Discovery Material for which protection is not warranted axe not
13

15
16
17

swept unjustifiably within the ambit of this Protective Order.
(
b)

Manner and Timing of Designations.

Except as otherwise

provided in this Protective Order, or as otherwise stipulated or ordered, material that

qualifies for protection under this Protective Order must be clearly so designated
19 before the material is disclosed or produced. Designation in conformity with this
18

2
0
21

Protective Order requires:
(
i)

For information in documentary form (mart from

transcripts of depositions or other pretrial or trial proceedings): that the Producing
23 ~ Party affix the legend CONFIDENTIAL or HIGHLY CONFIDENTIAL — ~
22

ATTORNEYS' EYES ONLY on each page that contains Protected Material. If
25 only a portion or portions of the material on a page qualifies for protection, the
24

Producing Party also must clearly identify the protected portions)(e.g., by making
27 appropriate markings in the margins). A Party that makes original documents or
2
6

28

materials available for inspection need not designate them for protection until after
3

1

the inspecting Party has indicated which material it would like copied and produced.

2

During the inspection and before the designation, all of the material made available

f inspection shall be deemed CONFIDENTIAL or HIGHLY CONFIDENTIAL —
or
4 ATTORNEYS' EYES ONLY. After the inspecting Party has identified the
3

5

documents it wants copied and produced, the Producing Party must determine which

documents, or portions thereof, qualify for protection under this Protective Order;
7 then, before producing the specified documents, the Producing Party must affix the

6

legend CONFIDENTIAL or HIGHLY CONFIDENTIAL —ATTORNEYS' EYES
9 ONLY at the top of each page that contains Protected Material. If only a portion of
8

l0 the material on a page qualifies for protection, the Producing Party also must clearly
identify the protected portions) (e.g., by making appropriate markings in the
12 margins) and must specify, for each portion, the level of protection being asserted,
11

either CONFIDENTIAL or HIGHLY CONFIDENTIAL —ATTORNEYS' EYES
14 ONLY.
13

15

(ii)

For testimonygiven in deposition or in other pretrial or

16 j trial proceedings: that the Party or nonparty offering, sponsoring or giving the
17

testimony identify on the record, before the close of the deposition, hearing, or other

proceeding, all protected testimony, and further specify any portions of the
19 testimony that qualify as CONFIDENTIAL or HIGHLY CONFIDENTIAL —
18

ATTORNEYS' EYES ONLY. When it is impractical to identify separately each
21 ~ portion of testimony that is entitled to protection, and when it appears that ~,
2
0

substantial portions of the testimony may qualify for protection, the Party or
23 nonparty that offers, sponsors or gives the testimony may invoke on the record
22

before the deposition or proceeding is concluded) a right to have up to 20 days to
4
2 (
25

identify the specific portions of the testimony as to which protection is sought and to

specify the level of protection being asserted, CONFIDENTIAL or HIGHLY
27 CONFIDENTIAL —ATTORNEYS' EYES ONLY. Only those portions of the
2
6

28 ', testimony that are appropriately designated for protection within the 20 days shall be ~

covered by the provisions of this Protective Order. Transcript pages containing
2 Protected Material must be separately bound by the court reporter, who must affix to
1

4

the top of each such page the legend CONFIDENTIAL or HIGHLY
CONFIDENTIAL —ATTORNEYS' EYES ONLY, as instructed by the Party or

5

nonparty offering, sponsoring or giving the testimony.

3

Failure of counsel to

designate testimony or exhibits as Protected Material at the deposition, however,
7 shall not constitute a waiver of the protected status of the testimony or exhibits.

6

Within thirty (30) calendar days of receipt of the transcript of the deposition,
9 counsel shall be entitled to designate specific testimony or exhibits as
8

CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL —ATTORNEYS' EYES
10 "
1 1 ONLY." If counsel for the deponent or Party fails to designate the transcript or
12

exhibits

13
14

ATTORNEYS' EYES ONLY" within the above-described thirty (30) day period,
any other Party shall be entitled to treat the transcript or exhibits as non-confidential

15

material.

as

"CONFIDENTIAL"

16

(iii)

and/or "HIGHLY

CONFIDENTIAL

—

For information produced in some form other than

documentary form and for andtangible items: that the Producing Party affix in a
18 I prominent place on the exterior of the container or containers in which the Protected
17

19

Material is stored the legend CONFIDENTIAL or HIGHLY CONFIDENTIAL —

2
0

ATTORNEYS' EYES ONLY. If only a portion of the material qualifies for

21

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

22

portions, specifying whether they qualify as CONFIDENTIAL or as HIGHLY

23

CONFIDENTIAL —ATTORNEYS' EYES ONLY.

24

Receiving Party prints any of the Protected Material contained in the non-paper

25

media, such printouts will be marked as described in Section 4(b)(i) above by the

26

Receiving Party.

27
28

5.

To the extent that any

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate Confidential Disclosure or Discovery Material, or Highly

Confidential —Attorneys' Eyes Only Disclosure or Discovery Material, for
2 protection as Protected Material does not, standing alone, waive the Designating
1

3

Party's right to secure protection under this Protective Order for such Disclosure or

4

Discovery Material. If Disclosure or Discovery Material is appropriately designated

as CONFIDENTIAL or HIGHLY CONFIDENTIAL —ATTORNEYS' EYES
6 ONLY after it was initially produced, the Receiving Party, on timely notification of
5

the designation by the Designating Party, must make reasonable efforts to assure
8 that such Protected Material is treated in accordance with the provisions of this
7

9 Protective Order.
l0
11

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.

(a)

Timing of Challenges.

Unless a prompt challenge to a

Designating Party's confidentiality designation is necessary to avoid foreseeable
13 substantial unfairness, unnecessary economic burdens, or a later significant
12

disruption or delay of the litigation, a Party does not waive its right to challenge a
15 ' confidentiality designation by electing not to mount a challenge promptly after the
14

16

original designation is disclosed.
(
b)

Meet and Confer. A Party that elects to initiate a challenge to a
18 Designating Party's confidentiality designation must do so in good faith. In
17

accordance with Local Rule 37-1, Outside Counsel for the challenging Party shall
2
0 begin the process by delivering a letter requesting a conference. Within ten (10)
19

days after receipt of such letter, Outside Counsel for the Designating Party shall
22 provide in writing the bases for the Designating Party's contention that the
21

23

confidentiality designation is proper. The challenging Party may proceed to the next

24

stage of the challenge process only if it has engaged in this meet and confer process.

A failure to respond to the challenging Party's letter within the requisite time
2
6 constitutes consent to the challenge.
25

(
c)

Judicial Intervention. A Party that elects to press a challenge to a ~
28 ~ confidentiality designation may file and serve a motion and the required joint ~
2
7

stipulation in compliance with Civil Local Rule 37-2 and in compliance with Local
2 Rule 79-5 regarding the filing of document under seal. The burden of persuasion in
1

any such challenge proceeding shall be on the Designating Party. Until the Court
4 rules on the challenge, all parties shall continue to afford the Protected Material in
3

question the level of protection to which it would be entitled under the Designating
6 Party's designation.
5

ACCESS TO AND USE OF PROTECTED MATERIAL

7
8

7
.

(a)

Basic Princimales. A Receiving Party may use Protected Material

that is disclosed or produced by another Party or a nonparty only for prosecuting or
10 defending this action. Protected Material may be disclosed only to the categories of
9

persons and under the conditions described in this Protective Order. Upon Final
12 Disposition of this action, a Receiving Party must comply with paragraph 16, below
11

FINAL DISPOSITION). Protected Material must be stored and maintained by a
13 (
Receiving Party at a location and in a secure manner that ensures that access is
15 limited to the persons authorized under this Protective Order.
14

16

(
b)

Disclosure of Protected Material Designated CONFIDENTIAL.

Unless otherwise ordered by the court or permitted in writing by the Designating
18 Party, a Receiving Party may disclose Protected Material designated
19 CONFIDENTIAL only to:
17

(
i)

21

The Receiving Party's Outside Counsel of record in this
action, and employees of said Outside Counsel to whom it is reasonably necessary i

22

to disclose the Protected Material for purposes of this litigation;

2
0

23
24

25
2
6

ii)
(

The Receiving Party's In-House Counsel to whom

disclosure is reasonably necessary for purposes of this litigation;
iii) The Receiving Party's officers, directors and employees to
(
whom disclosure is reasonably necessary for this litigation;

(
iv) The Receiving Party's disclosed and undisclosed Experts
28 and their secretarial, technical and clerical employees who are actively assisting in
27

7

1 I, the preparation of this litigation, to whom disclosure is reasonably necessary for this
2

litigation, and who have signed the "Agreement to Be Bound by Protective Order"

3

that is attached hereto as E~ibit A (the signed original shall be delivered to and

4

maintained by the Designating Party, except in respect to undisclosed Experts, in

5

which event the signed original shall be delivered to and maintained by the Party

6

who retained the undisclosed Expert);

7

(
v)

8

vi) The jury for purposes of trial;
(

9

vii) Certified
(

10

stenographic

reporters

and

videographers

retained in connection with this action, and their staffs;
(
viii) Professional Vendors to whom disclosure is reasonably

11
12

The Court and its personnel;

necessary for this litigation;

13

(
ix) During their depositions, witnesses in this action to whom

14

disclosure is reasonably necessary and who have signed the "Agreement to Be

15

Bound by Protective Order" that is attached hereto as Exhibit A (the signed original

16

shall be delivered to and maintained by the Designating Party). If a witness declines

17

to sign the "Agreement to Be Bound by Protective Order," the Parties shall promptly

18

present the issue to the Court.
(
x)

19

The author of the document or the original source of the

2 ~ information.
0
21

(c)

Disclosure

of Protected

Material

Designated

HIGHLY

22

CONFIDENTIAL —ATTORNEYS' EYES ONLY. Unless otherwise ordered by

23

the Court or permitted in writing by the Designating Party, a Receiving Party may

24

disclose any information or item designated HIGHLY CONFIDENTIAL —

25

ATTORNEYS'EYES ONLY only to:

2
6

(
i)

The Receiving Party's Outside Counsel of record in this

27

action, and employees of said Outside Counsel to whom it is reasonably necessary

28

to disclose the Protected Material for purposes of this litigation;

(ii)

The Receiving Party's disclosed and undisclosed Experts

2

and their secretarial, technical and clerical employees who are actively assisting in

3

the preparation of this litigation, to whom disclosure is reasonably necessary for this

4 ~ ~ litigation, and who have signed the "Agreement to Be Bound by Protective Order"
5 ~ ~ that is attached hereto as Exhibit A (the signed original shall be delivered to and
6

maintained by the Designating Party, except in respect to undisclosed Experts, in

7

which event the signed original shall be delivered to and maintained by the Party

s

who retained the undisclosed Expert);

9

(
iii)

The Court and its personnel;

10

(
iv)

The jury for purposes of trial;

11

(
v)

Certified

12

(
vi)

17

and

videographers

Professional Vendors to whom disclosure is reasonably

necessary for this litigation;
(
vii) The author of the document or the original source of the

15

16

reporters

retained in connection with this action, and their staffs;

13
14

stenographic

information.
(d)

Procedures for Approving Disclosure of CONFIDENTIAL

18

and/or HIGHLY CONFIDENTIAL —ATTORNEYS' EYES ONLY Information or

19

Items to Experts. Documents designated as "CONFIDENTIAL" and/or "HIGHLY

2
0

CONFIDENTIAL -ATTORNEYS' EYES ONLY" may be shown to any Expert,

21

together with his or her secretarial, technical and clerical staff who are actively

22

assisting in the preparation of this litigation. Before disclosure to any such Expert,

23

the Person to whom such information is to be disclosed shall execute the Non-

2
4

Disclosure Agreement attached hereto as Exhibit A. The attorney of record making

25

the disclosure shall maintain the record of such executed Agreement until sixty (60)

2
6

days following the final disposition of this matter. The foregoing notwithstanding,

27

any such Expert who is an employee of a competitor of any ofthe Parties (other than

28

one of the Parties) shall not be shown or otherwise given access to documents or

1

information designated "CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL -

2

ATTORNEYS' EYES ONLY". Any expert who is an employee of any of the

3

Parties shall not be shown or otherwise give access to documents or information

4

designated "HIGHLY CONFIDENTIAL -ATTORNEYS'EYES ONLY".

5

PROTECTED MATERIAL SUBPOENAED OR

6

ORDERED PRODUCED IN OTHER LITIGATION

7

8.

If a Receiving Party is served with a subpoena or an order issued in

8

other litigation that would compel disclosure of any information or items designated

9

in this action as CONFIDENTIAL or HIGHLY CONFIDENTIAL —ATTORNEYS'

10

EYES ONLY, the Receiving Party must notify the Designating Party, in writing (by

11

e-mail, if possible, and U.S. mail) within a reasonable time and in no event more

12

than ten (10) days after receiving the subpoena or order. Such notification must

13

include a copy of the subpoena or order. Within the same 10-day period the

14

Receiving Party also must: (a) provide written notice to the person or entity who

15

caused the subpoena or order to issue in the other litigation that some or all the

16

material covered by the subpoena or order is the subject of this Protective Order;

17

and (b) deliver a copy of this Protective Order promptly to the Party in the other

18

action that caused the subpoena or order to issue. The purpose of imposing these

19

duties is to alert the interested parties to the existence of this Protective Order and to

2
0

afford the Designating Party in this case an opportunity to try to protect its

21

confidentiality interests in the court from which the subpoena or order issued. The

22

Designating Party shall bear the burden and the expense of seeking protection of its

23

confidential material in that court. Nothing in this paragraph should be construed as

2
4

authorizing or encouraging a Receiving Party in this action to disobey a lawful

25

directive from another court.

2
6

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

27

9
.

28

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

disclosed Protected Material to any person or in any circumstance not authorized

10

2

under this Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosure,(b)use its best efforts

3

to retrieve all copies of the Protected Material, (c)inform the person to whom

1

unauthorized disclosure was made of all terms of this Protective Order, and
d)
5 ( request such person to execute the "Agreement to Be Bound by Protective
4

6 Order" that is attached hereto as Exhibit A.
FILING PROTECTED MATERIAL

7

8

10.

If a Party wishes to submit Protected Material to the Court, the Party

9

shall submit the Protected Material for filing under seal subject to Court approval.

l0

A Party that seeks to file under seal any Protected Material must comply with Local

11

Rule 79-5.

12
13

INADVERTENT PRODUCTION OF PRIVILEGED INFORMATION
1 1.

The inadvertent production of documents or information to the

14

Receiving Party shall not constitute a waiver of the attorney-client privilege or work

15

product immunity with respect to any document or information so furnished, if, after

16

discovering the inadvertent disclosure, the Designating Party designates any such
document or information as within either the attorney-client privilege or work

17

product immunity and requests return of any such document or information to the
19 Designating Party. Upon request by the Designating Party for return of any such
18

2
0

document or information designated as within either the attorney-client privilege or

work product immunity, the Receiving Party shall immediately return to the
22 Designating Party all copies of such documents and all documents containing or
21

referring to such information. Nothing herein shall prevent the Receiving Party
rom challenging the propriety of the attorney-client privilege or work product
4 f
2
23

2
6

immunity designation by filing an appropriate motion with the Court. If such a
motion is filed, the Designating Party shall make the documents and/or information

27

available for in-camera inspection by the court. The moving Party shall not assert

25

28

11

that such inadvertent production is a basis for finding a waiver of attorney-client
2 privilege or work product immunity.
1

NO EFFECT ON PARTY'S OWN USE

3

12.

4
5

Nothing contained in this Order shall affect the right of a Designating

Party to disclose to its officers, directors, employees, partners, or consultants or to

use as it desires any Protected Material it designated and produced as
7 "CONFIDENTIAL" and/or "HIGHLY CONFIDENTIAL -ATTORNEYS' EYES

6

s

ONLY."

9

NO EFFECT ON RENDERING LEGAL ADVICE
13.

10

Nothing in this Order shall bar or otherwise prevent any attorney herein

f
rom rendering advice to his or her client with respect to this litigation, and in the
12 course thereof, from relying upon his or her examination or knowledge of Protected
11

Material; provided, however, that in rendering such advice and in otherwise
14 communicating with his or her client, such attorney shall not disclose the contents of
13

any Protected Material produced by another Party herein to any Person who is not
16 authorized to receive such information under the provisions of this Order.
15

17 ~

NO EFFECT ON DISCLOSURE TO AUTHOR OR ADDRESSEES
14.

Nothing contained in this Order shall affect the right of a party to
19 disclose any Protected Material designated as "CONFIDENTIAL" and/or
18

2 ~"HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY" to the author or
0
21

addressee of the document.

22

NO APPLICABILITY TO INDEPENDENTLY OBTAINED OR PUBLIC

23

INFORMATION

24
25

15.

No party shall be bound by this Order as to any Protected Material

which:

2
6

A.

Is lawfully obtained independent of this litigation; or

27

B.

At the time it is disclosed, is generally known to the public;

28

C.

After it is disclosed, is generally known to the public, provided
12

1

that such information was not obtained or made public in

2

violation of this or any other obligation of confidentiality.
FINAL DISPOSITION

3
4

16.

Unless otherwise ordered or agreed in writing by the Producing Party,

5

within sixty (60) days after the final termination of this action, each Receiving Party

6

must return all Protected Material to the Producing Party. "All Protected Material"

7

includes all copies, abstracts, compilations, summaries or any other form of

8

reproducing or capturing any of the Protected Material. With permission in writing

9

f
rom the Designating Party, the Receiving Party may destroy some or all of the

l0

Protected Material instead of returning it.

11

returned or destroyed, the Receiving Party must submit a written certification to the

12

Producing Party (and, if not the same person or entity, to the Designating Party) by

13

the 60-day deadline that identifies, by category, where appropriate, all the Protected

14

Material that was returned or destroyed and that affirms that the Receiving Party has

15

not retained any copies, abstracts, compilations, summaries or other forms of

16

reproducing or capturing any of the Protected Material.

17

provision, Counsel are entitled to retain an archival copy of all pleadings, motion

18

papers, transcripts, legal memoranda, correspondence or attorney work product,

19

even if such materials contain Protected Material. Any such archival copies that

Whether the Protected Material is

Notwithstanding this

2 ~ contain or constitute Protected Material remain subject to this Protective Order as
0
21

set forth in paragraph 3(DURATION),above.
MISCELLANEOUS

22
23
24
25

17.

(a)

Right to Further Relief.

Nothing in this Protective Order

abridges the right of any person to seek its modification by the Court in the future.
(
b)

Right to Assert Other Objections. By stipulating to the entry of ~

2
6

this Protective Order, no Party waives any right it otherwise would have to object to

27

disclosing or producing any information or item on any ground not addressed in this

28

13

1
2
3

Protective Order. Similarly, no Party waives any right to object on any ground to
use in evidence ofany of the material covered by this Protective Order.
(
c)

Non-Party Production.

A non-party producing information

4

voluntarily or pursuant to a subpoena or a court order may designate such

5

information as Protected Material pursuant to the terms of this Order. Anon-party's

6

use of this Order to protect its Protected Material does not entitle that non-party

7

access to the Protected Material produced by any Party in this case. Any Party may

8

designate documents or information produced by a non-party as Protected Material

9

pursuant to the terms of this Order, by providing written notice of the designation

10

and a copy of the designated pages marked CONFIDENTIAL or HIGHLY

11

CONFIDENTIAL —ATTORNEYS' EYES ONLY on each page that contains

12

Protected Material.

13
14

Dated: ~ ~

15

Suzanne
~ gai
United States M i rate Judge

16
17
18
19
0
2
21
22
23
4
2
25
2
6
27
28

14

T VTTTT7T

1

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

2

I,

3

[full name], of

4

[full address], declare under

5

penalty of perjury that I have read in its entirety and understand the Protective Order

6

that was issued by the United States District Court, Central District of California, on

7

[
date] in the case of Carrcznza v. McDonald's

8

Corporation, Case No. 2:16-cv-09572-VAP-SSx. I agree to comply with and to be

9

bound by all the terms of the Protective Order and I understand and acknowledge

10

that failure to so comply could expose me to sanctions and punishment in the nature

11

of contempt. I solemnly promise that I will not disclose in any manner any

12

information or item that is subject to the Protective Order to any person or entity

13

except in strict compliance with the provisions of the Protective Order.
I further agree to submit to the jurisdiction of the United States District Court,

14

Central District of California, for the purpose of enforcing the terms of the
16 Protective Order, even if such enforcement proceedings occur after termination of
15

this action.

17

I hereby appoint

18

[full name] of

19 I

[
full address and

0
2

telephone number] as my California agent for service of process in connection with

21

this action or any proceedings related to enforcement of the Protective Order.

22
23

Date:

2
4

City and State where sworn and signed:

25

Printed name:

2
6
27 ~ Signature:
28

15
1 81240084v1