Alfonso Peterson et al v. Central Freight Lines, Inc.

Filing 29

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order 28 . (See document for details.) (sbou)

1

Attorneys of Record on Following Page

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11 ALFONSO PETERSON, individually

and on behalf of all others similarly
12 situated; and MIGUEL ORTEGA,
individually and on behalf of all others
13 similarly situated,
14

Plaintiffs,

15

Case No. 2:17-cv-07057-MWF-AFM
STIPULATED PROTECTIVE
ORDER1
Complaint Filed: September 25, 2017
Trial Date:
None Set

v.

16

CENTRAL FREIGHT LINES, INC., a
17 Texas Corporation; and DOES 1
through 25, Inclusive,
18

Defendants.

19
20
21
22
23
24
25
26
27
PETERSON CV177075 Stipulated

28

1

This Stipulated Protective Order is based substantially on the model protective
order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures
Case No. 2:17-cv-07057-MWF-AFM
STIPULATED PROTECTIVE ORDER

Jonathan M. Lebe (SBN 284605)
[e-mail]
2 Lebe Law, APLC
5273 Melrose Avenue
3 Los Angeles, CA 90038
Tel: [phone]
4 Fax: [phone]
1

Rodney Mesriani (SBN 184875)
[e-mail]
6 Mesriani Law Group, APLC
5273 Melrose Avenue
7 Los Angeles, CA 90038
Tel: [phone]
8 Fax: [phone]
5

Christopher A. Olsen, Esq.
Olsen Law Offices, APC
10 1010 Second Ave., Ste. 1835
San Diego, CA 92101
11 Phone: [phone]
Facsimile: [phone]
12 Email: [e-mail]
9

13
14
15
16
17
18
19
20

Attorneys for Plaintiffs Alfonso Peterson and Miguel Ortega,
Individually and on behalf of all others similarly situated
Spencer C. Skeen CA Bar No. 182216
[e-mail]
Tim L. Johnson CA Bar No. 265794
[e-mail]
Jesse C. Ferrantella Bar No. 279131
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
4370 La Jolla Village Drive, Suite 990
San Diego, CA 92122
Telephone: [phone]
Facsimile: 858.652.3101

21
22

Attorneys for Defendant
CENTRAL FREIGHT LINES, INC.

23
24
25
PETERSON CV177075 Stipulated

26
27
28
2

Case No. 2:17-cv-07057-MWF-AFM
STIPULATED PROTECTIVE ORDERT

1

1.

A.

PURPOSES AND LIMITATIONS

2

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

3

proprietary or private information for which special protection from public

4

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

5

warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

6

the following Stipulated Protective Order. The parties acknowledge that this Order

7

does not confer blanket protections on all disclosures or responses to discovery and

8

that the protection it affords from public disclosure and use extends only to the

9

limited information or items that are entitled to confidential treatment under the

10

applicable legal principles.

11
12

This action is likely to involve customer, pricing and employee lists and other

13

valuable commercial, financial, and/or proprietary information for which special

14

protection from public disclosure and from use for any purpose other than

15

prosecution of this action is warranted. Such confidential and proprietary materials

16

and information consist of, among other things, confidential business or financial

17

information, information regarding confidential business practices, or other

18

confidential policy or commercial information (including information implicating

19

privacy rights of third parties), information otherwise generally unavailable to the

20

public, or which may be privileged or otherwise protected from disclosure under

21

state or federal statutes, court rules, case decisions, or common law. Accordingly, to

22

expedite the flow of information, to facilitate the prompt resolution of disputes over

23

confidentiality of discovery materials, to adequately protect information the parties

24

are entitled to keep confidential, to ensure that the parties are permitted reasonable

25

necessary uses of such material in preparation for and in the conduct of trial, to

26

address their handling at the end of the litigation, and serve the ends of justice, a

27
PETERSON CV177075 Stipulated

B.

GOOD CAUSE STATEMENT

protective order for such information is justified in this matter. It is the intent of the

28

parties that information will not be designated as confidential for tactical reasons and
1
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

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

2

in a confidential, non-public manner, and there is good cause why it should not be

3

part of the public record of this case.

4
5

C.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
SEAL

6

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

7

Stipulated Protective Order does not entitle them to file confidential information

8

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and

9

the standards that will be applied when a party seeks permission from the court to

10

file material under seal.

11

There is a strong presumption that the public has a right of access to judicial

12

proceedings and records in civil cases. In connection with non-dispositive motions,

13

good cause must be shown to support a filing under seal. See Kamakana v. City and

14

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

15

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

16

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

17

good cause showing), and a specific showing of good cause or compelling reasons

18

with proper evidentiary support and legal justification, must be made with respect to

19

Protected Material that a party seeks to file under seal. The parties’ mere designation

20

of Disclosure or Discovery Material as CONFIDENTIAL does not— without the

21

submission of competent evidence by declaration, establishing that the material

22

sought to be filed under seal qualifies as confidential, privileged, or otherwise

23

protectable—constitute good cause.

24
25

compelling reasons, not only good cause, for the sealing must be shown, and the

26

relief sought shall be narrowly tailored to serve the specific interest to be protected.

27
PETERSON CV177075 Stipulated

Further, if a party requests sealing related to a dispositive motion or trial, then

See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

28

each item or type of information, document, or thing sought to be filed or introduced
2
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

under seal in connection with a dispositive motion or trial, the party seeking

2

protection must articulate compelling reasons, supported by specific facts and legal

3

justification, for the requested sealing order. Again, competent evidence supporting

4

the application to file documents under seal must be provided by declaration.

5

Any document that is not confidential, privileged, or otherwise protectable in

6

its entirety will not be filed under seal if the confidential portions can be redacted. If

7

documents can be redacted, then a redacted version for public viewing, omitting only

8

the confidential, privileged, or otherwise protectable portions of the document, shall

9

be filed. Any application that seeks to file documents under seal in their entirety

10

should include an explanation of why redaction is not feasible.

11

2.

DEFINITIONS

12

2.1 Action: this pending federal lawsuit.

13

2.2 Challenging Party:

14

a Party or Non-Party that challenges the designation

of information or items under this Order.

15

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

16

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

17

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

18

Cause Statement.
2.4

19
20

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

their support staff).
2.5

21

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

22

items that it produces in disclosures or in responses to discovery as

23

“CONFIDENTIAL.”
2.6

24

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

25
26

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

27
PETERSON CV177075 Stipulated

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

generated in disclosures or responses to discovery in this matter.

28

///
3
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

2.7

1

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

2

pertinent to the litigation who has been retained by a Party or its counsel to serve as

3

an expert witness or as a consultant in this Action.
2.8

4

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

5

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

6

counsel.
2.9

7
8

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

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

9

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

10

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

11

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

12

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

13

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

14

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

15

support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or

16
17

Discovery Material in this Action.

18

2.13 Professional Vendors: persons or entities that provide litigation support

19

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

20

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

21

and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is

22
23

designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

24
25

from a Producing Party.

26

3.

SCOPE

27
PETERSON CV177075 Stipulated

The protections conferred by this Stipulation and Order cover not only

28

Protected Material (as defined above), but also (1) any information copied or
4
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

extracted from Protected Material; (2) all copies, excerpts, summaries, or

2

compilations of Protected Material; and (3) any testimony, conversations, or

3

presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

4
5

trial judge. This Order does not govern the use of Protected Material at trial.

6

4.

DURATION

7

Once a case proceeds to trial, information that was designated as

8

CONFIDENTIAL or maintained pursuant to this protective order used or introduced

9

as an exhibit at trial becomes public and will be presumptively available to all

10

members of the public, including the press, unless compelling reasons supported by

11

specific factual findings to proceed otherwise are made to the trial judge in advance

12

of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

13

showing for sealing documents produced in discovery from “compelling reasons”

14

standard when merits-related documents are part of court record). Accordingly, the

15

terms of this protective order do not extend beyond the commencement of the trial.

16

5.

DESIGNATING PROTECTED MATERIAL
5.1

17

Exercise of Restraint and Care in Designating Material for Protection.

18

Each Party or Non-Party that designates information or items for protection under

19

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

20

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

21

protection only those parts of material, documents, items or oral or written

22

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

23

or communications for which protection is not warranted are not swept unjustifiably

24

within the ambit of this Order.

25

Mass, indiscriminate or routinized designations are prohibited. Designations

26 that are shown to be clearly unjustified or that have been made for an improper
27 purpose (e.g., to unnecessarily encumber the case development process or to impose
PETERSON CV177075 Stipulated

28 ///
5
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

unnecessary expenses and burdens on other parties) may expose the Designating

2

Party to sanctions.

3

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

4

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

5

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

6

5.2

Manner and Timing of Designations. Except as otherwise provided in

7

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

8

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

9

under this Order must be clearly so designated before the material is disclosed or

10 produced.
11
12

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

13 documents, but excluding transcripts of depositions or other pretrial or trial
14 proceedings),

that the Producing Party affix at a minimum, the legend

15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
16 contains protected material. If only a portion of the material on a page qualifies for
17 protection, the Producing Party also must clearly identify the protected portion(s)
18 (e.g., by making appropriate markings in the margins).
19
20

need not designate them for protection until after the inspecting Party has indicated

21

which documents it would like copied and produced. During the inspection and

22

before the designation, all of the material made available for inspection shall be

23

deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

24

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

25

or portions thereof, qualify for protection under this Order. Then, before producing

26

the specified documents, the Producing Party must affix the “CONFIDENTIAL

27
PETERSON CV177075 Stipulated

A Party or Non-Party that makes original documents available for inspection

legend” to each page that contains Protected Material. If only a portion of the

28

material on a page qualifies for protection, the Producing Party also must clearly
6
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

identify the protected portion(s) (e.g., by making appropriate markings in the

2

margins).
(b)

3

for testimony given in depositions that the Designating Party

4 identifies the Disclosure or Discovery Material on the record, before the close of the
5 deposition all protected testimony.

(c)

6

for information produced in some form other than documentary

7 and for any other tangible items, that the Producing Party affix in a prominent place
8 on the exterior of the container or containers in which the information is stored the
9 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants
10 protection, the Producing Party, to the extent practicable, shall identify the protected
11 portion(s).

5.3

12

Inadvertent Failures to Designate. If timely corrected, an inadvertent

13

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

14

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

15

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

16 efforts to assure that the material is treated in accordance with the provisions of this
17 Order.
18 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

19

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

20

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

21 Scheduling Order.
22
23
24
25
26

6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37-1 et seq.
6.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.
6.4

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

27
PETERSON CV177075 Stipulated

the Designating Party. Frivolous challenges, and those made for an improper purpose

28

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
7
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

expose the Challenging Party to sanctions. Unless the Designating Party has waived

2

or withdrawn the confidentiality designation, all parties shall continue to afford the

3

material in question the level of protection to which it is entitled under the Producing

4

Party’s designation until the Court rules on the challenge.

5

7.

6

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

7

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

8

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

9

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

10

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

11

Receiving Party must comply with the provisions of section 13 below (FINAL

12

DISPOSITION).

13

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

14

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

15

authorized under this Order.

16

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

17

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

18

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

19

(a)

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

20 as well as employees of said Outside Counsel of Record to whom it is reasonably
21 necessary to disclose the information for this Action;
22

(b)

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

23 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
24

(c)

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

25 disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27
PETERSON CV177075 Stipulated

(d)

the court and its personnel;

28

(e)

court reporters and their staff;
8
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

(f)

1

professional jury or trial consultants, mock jurors, and

2 Professional Vendors to whom disclosure is reasonably necessary for this Action and
3 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(g)

4

the author or recipient of a document containing the information

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

(h)

6

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

7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
8 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
9 they will not be permitted to keep any confidential information unless they sign the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
11 agreed by the Designating Party or ordered by the court. Pages of transcribed
12 deposition testimony or exhibits to depositions that reveal Protected Material may be
13 separately bound by the court reporter and may not be disclosed to anyone except as
14 permitted under this Stipulated Protective Order; and

(i)

15

any mediator or settlement officer, and their supporting

16 personnel, mutually agreed upon by any of the parties engaged in settlement
17 discussions.
18 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

19

OTHER LITIGATION

20

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

21

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

22

“CONFIDENTIAL,” that Party must:

23
24
25

(a)

promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or

26 order to issue in the other litigation that some or all of the material covered by the
27 subpoena or order is subject to this Protective Order. Such notification shall include
PETERSON CV177075 Stipulated

28 a copy of this Stipulated Protective Order; and
9
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

(c)

1
2

cooperate with respect to all reasonable procedures sought to be

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

3

If the Designating Party timely seeks a protective order, the Party served with

4

the subpoena or court order shall not produce any information designated in this

5

action as “CONFIDENTIAL” before a determination by the court from which the

6

subpoena or order issued, unless the Party has obtained the Designating Party’s

7

permission. The Designating Party shall bear the burden and expense of seeking

8

protection in that court of its confidential material and nothing in these provisions

9

should be construed as authorizing or encouraging a Receiving Party in this Action

10

to disobey a lawful directive from another court.

11

9.

12
13

A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

14

a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

15

produced by Non-Parties in connection with this litigation is protected by the

16

remedies and relief provided by this Order. Nothing in these provisions should be

17

construed as prohibiting a Non-Party from seeking additional protections.

18

(b)

In the event that a Party is required, by a valid discovery request,

19

to produce a Non-Party’s confidential information in its possession, and the Party is

20

subject to an agreement with the Non-Party not to produce the Non-Party’s

21

confidential information, then the Party shall:

22

(1)

promptly notify in writing the Requesting Party and the

23

Non-Party that some or all of the information requested is subject to a confidentiality

24

agreement with a Non-Party;

25

(2)

promptly provide the Non-Party with a copy of the

26
27
PETERSON CV177075 Stipulated

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

28

(3)

make the information requested available for inspection by
10
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

the Non-Party, if requested.

2

(c)

If the Non-Party fails to seek a protective order from this court

3

within 14 days of receiving the notice and accompanying information, the Receiving

4

Party may produce the Non-Party’s confidential information responsive to the

5

discovery request. If the Non-Party timely seeks a protective order, the Receiving

6

Party shall not produce any information in its possession or control that is subject to

7

the confidentiality agreement with the Non-Party before a determination by the

8

court. Absent a court order to the contrary, the Non-Party shall bear the burden and

9

expense of seeking protection in this court of its Protected Material.

10

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

11

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

12

Protected Material to any person or in any circumstance not authorized under this

13

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

14

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

15

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

16

persons to whom unauthorized disclosures were made of all the terms of this Order,

17

and (d) request such person or persons to execute the “Acknowledgment and

18

Agreement to Be Bound” that is attached hereto as Exhibit A.

19

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

20
21

When a Producing Party gives notice to Receiving Parties that certain

22

inadvertently produced material is subject to a claim of privilege or other protection,

23

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

24

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

25

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

26

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

27
PETERSON CV177075 Stipulated

PROTECTED MATERIAL

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

28

information covered by the attorney-client privilege or work product protection, the
11
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

parties may incorporate their agreement in the stipulated protective order submitted

2

to the court.

3 12.

MISCELLANEOUS

4

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

5

person to seek its modification by the Court in the future.

6

///

7

12.2 Right to Assert Other Objections. By stipulating to the entry of this

8

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

9

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

10

Stipulated Protective Order. Similarly, no Party waives any right to object on any

11

ground to use in evidence of any of the material covered by this Protective Order.

12

12.3 Filing Protected Material. A Party that seeks to file under seal any

13

Protected Material must comply with Local Civil Rule 79-5. Protected Material may

14

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

15

specific Protected Material at issue. If a Party’s request to file Protected Material

16

under seal is denied by the court, then the Receiving Party may file the information

17

in the public record unless otherwise instructed by the court.

18

13.

FINAL DISPOSITION

19
20

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

21

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

22

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

23

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

24

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

25

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

26

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

27
PETERSON CV177075 Stipulated

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

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

28

destroyed and (2) affirms that the Receiving Party has not retained any copies,
12
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

abstracts, compilations, summaries or any other format reproducing or capturing any

2

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

3

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

4

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

5

reports, attorney work product, and consultant and expert work product, even if such

6

materials contain Protected Material. Any such archival copies that contain or

7

constitute Protected Material remain subject to this Protective Order as set forth in

8

Section 4 (DURATION).

9

14.

10

VIOLATION
Any violation of this Order may be punished by appropriate measures

11 including, without limitation, contempt proceedings and/or monetary sanctions.
12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
13

DATED: October 16, 2018

14

Lebe Law, APLC

15

Olsen Law Offices

16

By: /s Christopher A. Olsen
Christopher A. Olsen
Attorneys for Plaintiffs

17
18
19
20
21 DATED: October 16, 2018

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

22

By: /s Tim L. Johnson
Spencer C. Skeen
Tim L. Johnson
Jesse C. Ferrantella
Attorneys for Defendant

23
24
25
26

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED:10/18/2018

27
PETERSON CV177075 Stipulated

28

ALEXANDER F. MacKINNON
United States Magistrate Judge
13
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

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

5

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

6

that was issued by the United States District Court for the Central District of

7

California on [date] in the case of Alfonso Peterson, et al. v. Central Freight Lines,

8

Inc, et al., Case No. 2:17-cv-07057-MWF-AFM. I agree to comply with and to be

9

bound by all the terms of this Stipulated Protective Order and I understand and

10

acknowledge that failure to so comply could expose me to sanctions and punishment

11

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

12

any information or item that is subject to this Stipulated Protective Order to any

13

person or entity except in strict compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court

15

for the Central District of California for enforcing the terms of this Stipulated

16

Protective Order, even if such enforcement proceedings occur after termination of

17

this action.

18

I hereby appoint ___________________________ [print or type full name] of

19

________________________ [print or type full address and telephone number] as

20 my California agent for service of process in 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
26 Printed name: _________________________________
27 Signature: ____________________________________
PETERSON CV177075 Stipulated

28
1
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM

1

CERTIFICATE OF SERVICE

2

I hereby certify that on October 18, 2018, I electronically filed the foregoing

3

with the Clerk of the Court using the CM/ECF system which will send notification

4

of such filing to the email addresses denoted on the Notice of Electronic Filing.

5
6

I certify under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. Executed on October 18, 2018.

7
8
9

By: /s/ Timothy L. Johnson
Timothy L. Johnson

10
11

35978458.1

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PETERSON CV177075 Stipulated

28
2
STIPULATED PROTECTIVE ORDER

Case No. 2:17-cv-07057-MWF-AFM