Mel Comes et al v. Harbor Freight Tools USA, Inc.

Filing 53

PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 52 . (see document for details) (hr)

1
2
3
4
5
6
7
8
9
10
11

LIVIA M. KISER (SBN 285411)
[e-mail]
MICHAEL B. SHORTNACY (SBN 277035)
[e-mail]
KING & SPALDING LLP
633 West Fifth Street, Suite 1600
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
JOHN C. MITCHELL (SBN 215639)
KING & SPALDING LLP
[e-mail]
50 California Street, Suite 3300
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

12

Attorneys for Defendant
HARBOR FREIGHT TOOLS USA, INC.

13

[Additional Counsel Listed on Signature Page]

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16
17
18
19

CLARENCE CARTER, MEL COMES,
DUANE THOMAS, and MARKEITH
MITCHELL, on behalf of themselves
and all similarly situated,

20
21
22
23
24

Plaintiffs,

Case No. 2:20-cv-05451-DMG-KKx
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER
[The Honorable Dolly M. Gee]

v.

SAC Filed:

October 20, 2021

HARBOR FREIGHT TOOLS USA,
INC., a California corporation,

CLASS ACTION

Defendant.

25
26
27
28
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

I.

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 disclosure

4

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

5

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

6

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

7

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

8

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

9

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

10

II.

GOOD CAUSE STATEMENT

11

This action is likely to involve trade secrets and other valuable research,

12

development, commercial, financial, technical and/or proprietary information for which

13

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

14

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

15

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

16

information, information regarding confidential business practices, or other confidential

17

research, development, or commercial information (including information implicating

18

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

19

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

20

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

21

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

22

confidentiality of discovery materials, to adequately protect information the parties are

23

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

24

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

25

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

26

for such information is justified in this matter. It is the intent of the parties that

27

information will not be designated as confidential for tactical reasons and that nothing

28

be so designated without a good faith belief that it has been maintained in a confidential,
1
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

non-public manner, and there is good cause why it should not be part of the public

2

record of this case.

3

III.

4

A. Action: Comes, et al. v. Harbor Freight Tools USA, Inc., Case No. 2:20-cv-

5
6
7

DEFINITIONS

05451-DMG-KK.
B. Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.

8

C. “CONFIDENTIAL” Information or Items: information (regardless of how it is

9

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

10

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

11

Cause Statement.

12
13

D. Counsel: Outside Counsel of Record and House Counsel (as well as their support
staff).

14

E. Designating Party: a Party or Non-Party that designates information or items that

15

it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

16

“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”

17

F. Disclosure or Discovery Material: all items or information, regardless of the

18

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

19

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

20

or generated in disclosures or responses to discovery in this matter.

21

G. Expert: a person with specialized knowledge or experience in a matter pertinent

22

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

23

expert witness or as a consultant in this Action.

24

H. “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or

25

Items: extremely sensitive CONFIDENTIAL Information or Items, including

26

sensitive financial information, disclosure of which to another Party or Non-Party

27

would create a substantial risk of harm.

28

I. House Counsel: attorneys who are employees of a party to this Action. House
2
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

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

2

counsel.

3
4

J. Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.

5

K. Outside Counsel of Record: attorneys who are not employees of a party to this

6

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

7

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

8

which has appeared on behalf of that party (and their support staffs).

9
10
11
12
13

L. Party: any party to this Action, including all of its officers, directors, employees,
consultants, and Outside Counsel of Record (and their support staffs).
M. Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this Action.
N. Professional Vendors: persons or entities that provide litigation support services

14

(e.g.,

15

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

16

medium) and their employees and subcontractors.

photocopying,

videotaping,

translating,

preparing

exhibits

or

17

O. Protected Material: any Disclosure or Discovery Material that is designated as

18

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES

19

ONLY.”

20
21
22

P. Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
IV.

SCOPE

23

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

24

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

25

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

26

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

27

Counsel that might reveal Protected Material.

28

Any use of Protected Material at trial shall be governed by the orders of the trial
3
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2

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

DURATION

3

Even after final disposition of this litigation, the confidentiality obligations

4

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

5

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

6

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

7

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

8

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

9

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

10

VI.

DESIGNATING PROTECTED MATERIAL

11

A. Exercise of Restraint and Care in Designating Material for Protection

12

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

13

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

14

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

15

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

16

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

17

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

18

Order.

19

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

20

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

21

(e.g., to unnecessarily encumber the case development process or to impose

22

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

23

to sanctions.

24

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

25

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

26

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

27

B. Manner and Timing of Designations

28

Except as otherwise provided in this Order, or as otherwise stipulated or ordered,
4
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

Disclosure or Discovery Material that qualifies for protection under this Order must be

2

clearly so designated before the material is disclosed or produced.

3

Designation in conformity with this Order requires the following:

4

(a) For information in documentary form (e.g., paper or electronic documents,

5

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

6

that the Producing Party affix at a minimum, the legend “CONFIDENTIAL”

7

or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” to each

8

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

9

material on a page qualifies for protection, the Producing Party also must

10

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

11

in the margins).

12

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

13

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

14

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

15

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

16

inspection

17

CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting

18

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

19

Producing Party must determine which documents, or portions thereof,

20

qualify for protection under this Order. Then, before producing the specified

21

documents, the Producing Party must affix the “CONFIDENTIAL” or

22

“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” legend to

23

each page that contains Protected Material. If only a portion or portions of

24

the material on a page qualifies for protection, the Producing Party also must

25

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

26

in the margins).

27
28

shall

be

deemed

“CONFIDENTIAL”

or

“HIGHLY

(c) For testimony given in deposition or in other pretrial or trial proceedings,
that the Designating Party identify on the record, before the close of the
5
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

deposition, hearing, or other proceeding, all protected testimony and specify

2

the level of protection being asserted. When it is impractical to identify

3

separately each portion of testimony that is entitled to protection and it

4

appears that substantial portions of the testimony may qualify for protection,

5

the Designating Party may invoke on the record (before the deposition,

6

hearing, or other proceeding is concluded) a right to have up to 21 days to

7

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

8

sought and to specify the level of protection being asserted. Only those

9

portions of the testimony that are appropriately designated for protection

10

within the 21 days shall be covered by the provisions of this Stipulated

11

Protective Order. The use of a document as an exhibit at a deposition shall

12

not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY

13

CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”

14

(d) For information produced in form other than document and for any other

15

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

16

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

17

legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—

18

ATTORNEYS’ EYES ONLY.” If only a portion or portions of the

19

information warrants protection, the Producing Party, to the extent

20

practicable, shall identify the protected portion(s).

21

C. Inadvertent Failure to Designate

22

If timely corrected, an inadvertent failure to designate qualified information or

23

items does not, standing alone, waive the Designating Party’s right to secure

24

protection under this Order for such material. Upon timely correction of a

25

designation, the Receiving Party must make reasonable efforts to assure that the

26

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

27
28

VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
A. Timing of Challenges
6
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2

Any party or Non-Party may challenge a designation of confidentiality at any
time that is consistent with the Court’s Scheduling Order.

3

B. Meet and Confer

4

The Challenging Party shall initiate the dispute resolution process under Local

5

Rule 37-1 et seq.

6

C. Burden and Sanctions

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

VIII. ACCESS TO AND USE OF PROTECTED MATERIAL

15

A. Basic Principles

16

A Receiving Party (or any other person or entity to whom Protected Material is

17

disclosed under the terms of this Protective Order) may use Protected Material that is

18

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

19

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

20

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

21

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

22

Party must comply with the provisions of Section XIV below.

23

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

24

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

25

authorized under this Order.

26

B. Disclosure of “CONFIDENTIAL” Information or Items

27
28
7
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

Unless otherwise ordered by the Court or permitted in writing by the

2

Designating Party, a Receiving Party may disclose any information or item designated

3

“CONFIDENTIAL” only to:

4

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

5

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

6

disclose the information for this Action;

7
8
9

(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure

10

is reasonably necessary for this Action and who have signed the “Acknowledgment

11

and Agreement to Be Bound” (Exhibit A);

12

(d) the Court and its personnel;

13

(e) court reporters and their staff;

14

(f) professional jury or trial consultants, mock jurors, and Professional Vendors

15

to whom disclosure is reasonably necessary or this Action and who have signed the

16

“Acknowledgment and Agreement to be Bound” attached as Exhibit A hereto;

17

(g) the author or recipient of a document containing the information or a

18
19

custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the

20

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

21

requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”

22

and (ii) they will not be permitted to keep any confidential information unless they

23

sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by

24

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

25

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

26

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

27

under this Stipulated Protective Order; and

28
8
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2
3
4
5

(i) any mediator or settlement officer, and their supporting personnel, mutually
agreed upon by any of the parties engaged in settlement discussions.
C. Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
ONLY” Information or Items
Unless otherwise ordered by the Court or permitted in writing by the

6

Designating Party, a Receiving Party may disclose any information or item designated

7

“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to:

8

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

9

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

10
11

disclose the information for this Action;
(b) Experts (as defined in this Order) of the Receiving Party to whom disclosure

12

is reasonably necessary for this Action and who have signed the “Acknowledgment

13

and Agreement to Be Bound” (Exhibit A);

14

(c) the Court and its personnel;

15

(d) court reporters and their staff;

16

(e) professional jury or trial consultants, mock jurors, and Professional Vendors

17

to whom disclosure is reasonably necessary or this Action and who have signed the

18

“Acknowledgment and Agreement to be Bound” attached as Exhibit A hereto;

19

(f) the author or recipient of a document containing the information or a

20
21

custodian or other person who otherwise possessed or knew the information;
(g) during their depositions, witnesses, and attorneys for witnesses, in the

22

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

23

requests that the witness sign the “Acknowledgment and Agreement to Be Bound;”

24

and (ii) they will not be permitted to keep any confidential information unless they

25

sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise agreed by

26

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

27

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

28
9
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

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

2

under this Stipulated Protective Order; and

3
4
5
6
7

(h) any mediator or settlement officer, and their supporting personnel, mutually
agreed upon by any of the parties engaged in settlement discussions.
IX.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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

8

litigation that compels disclosure of any information or items designated in this

9

Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’

10
11
12

EYES ONLY,” that Party or Expert must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

13

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

14

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

15

subpoena or order is subject to this Protective Order. Such notification shall

16

include a copy of this Stipulated Protective Order; and

17
18
19

(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party or Expert

20

served with the subpoena or court order shall not produce any information designated

21

in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—

22

ATTORNEYS’ EYES ONLY” before a determination by the Court from which the

23

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

24

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

25

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

26

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

27

disobey a lawful directive from another court.

28
10
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2
3

X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
The terms of this Order are applicable to information produced by a Non-Party

4

in this Action and designated as “CONFIDENTIAL” or “HIGHLY

5

CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by

6

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

7

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

8

prohibiting a Non-Party from seeking additional protections.

9

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

10

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

11

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

12

confidential information, then the Party shall:

13

(a) promptly notify in writing the Requesting Party and the Non-Party that some

14

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

15

with a Non-Party;

16

(b) promptly provide the Non-Party with a copy of the Stipulated Protective

17

Order in this Action, the relevant discovery request(s), and a reasonably

18

specific description of the information requested; and

19
20

(c) make the information requested available for inspection by the Non-Party, if
requested.

21

If the Non-Party fails to seek a protective order from this court within 14 days

22

of receiving the notice and accompanying information, the Receiving Party or Expert

23

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

24

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

25

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

26

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

27

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

28

of seeking protection in this court of its Protected Material.
11
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2

XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

3

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

4

Stipulated Protective Order, the Receiving Party must immediately (1) notify in

5

writing the Designating Party of the unauthorized disclosures, (2) use its best efforts

6

to retrieve all unauthorized copies of the Protected Material, (3) inform the person or

7

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

8

and (4) request such person or persons to execute the “Acknowledgment and

9

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

10
11
12

XII. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

parties may incorporate their agreement in the Stipulated Protective Order submitted

21

to the Court.

22

XIII. MISCELLANEOUS

23

A. Right to Further Relief

24

Nothing in this Order abridges the right of any person to seek its modification

25

by the Court in the future.

26

B. Right to Assert Other Objections

27

By stipulating to the entry of this Protective Order, no Party waives any right it

28

otherwise would have to object to disclosing or producing any information or item on
12
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

any ground not addressed in this Stipulated Protective Order. Similarly, no Party

2

waives any right to object on any ground to use in evidence of any of the material

3

covered by this Protective Order.

4

C. Filing Protected Material

5

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

6

Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a

7

court order authorizing the sealing of the specific Protected Material at issue. If a

8

Party's request to file Protected Material under seal is denied by the Court, then the

9

Receiving Party may file the information in the public record unless otherwise

10
11
12

instructed by the Court.
XIV. FINAL DISPOSITION
After the final disposition of this Action, as defined in Section V, within sixty

13

(60) days of a written request by the Designating Party, each Receiving Party must

14

return all Protected Material to the Producing Party or destroy such material, including

15

without limitation any Protected Material that the Receiving Party has provided to its

16

Experts. As used in this subdivision, “all Protected Material” includes all copies,

17

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

18

any of the Protected Material. Whether the Protected Material is returned or

19

destroyed, the Receiving Party must submit a written certification to the Producing

20

Party (and, if not the same person or entity, to the Designating Party) by the 60 day

21

deadline that (1) identifies (by category, where appropriate) all the Protected Material

22

that was returned or destroyed and (2) affirms that the Receiving Party has not

23

retained any copies, abstracts, compilations, summaries or any other format

24

reproducing or capturing any of the Protected Material. Notwithstanding this

25

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

26

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

27

deposition and trial exhibits, expert reports, attorney work product, and consultant and

28

expert work product, even if such materials contain Protected Material. Any such
13
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

archival copies that contain or constitute Protected Material remain subject to this

2

Protective Order as set forth in Section V.

3

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

4

measures including, without limitation, contempt proceedings and/or monetary

5

sanctions.

6
7

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: July 27, 2022

DAVIS & NORRIS, LLP

8

By:/s/ Dargan Ware____
ROBERT SALGADO
DARGAN WARE
Attorneys for Plaintiffs Clarence Carter, Mel
Comes, and Markeith Mitchell

9
10
11
12
13

Dated: July 27, 2022

SCHWABA LAW FIRM

14

By:/s/Andrew J. Schwaba___
ANDREW J. SCHWABA
Attorneys for Plaintiff Duane Thomas

15
16
17

Dated: July 27, 2022

KING & SPALDING LLP

18
By:/s/ John C. Mitchell
LIVIA M. KISER
MICHAEL B. SHORTNACY
JOHN C. MITCHELL
Attorneys for Defendant
HARBOR FREIGHT TOOLS USA, INC.

19
20
21
22
23
24
25
26
27

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: July 29, 2022
HONORABLE KENLY KIYA KATO
United States Magistrate Judge

28
14
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2
3

I,

4
5
6

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

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

7

States District Court for the Central District of California on [DATE] in the case of Comes,

8

et al. v. Harbor Freight Tools USA, Inc., Case No. 2:20-cv-05451-DMG-KK. I agree to

9

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

10
11

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

12

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

13

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

14

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

15

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

16
17

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

18

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

19

action. I hereby appoint

20

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

21
22

[print or type full name] of

California agent for service of process in connection with this action or any proceedings

23

related to enforcement of this Stipulated Protective Order.

24

Date:

25
26
27
28

City and State where sworn and signed:
Printed Name:
Signature:
15
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

FILER'S ATTESTATION

2

In accordance with Local Rule 5-4.3.4(a)(2)(i), the undersigned attests that all

3

other signatories listed, and on whose behalf the filing is submitted, concur in the filing's

4

content and have authorized the filing of this Stipulation.

5
6
7
8

Dated: July 27, 2022

KING & SPALDING LLP
By: /s/ John C. Mitchell
John C. Mitchell
Attorney for HARBOR FREIGHT TOOLS USA, INC.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16
STIPULATION AND [PROPOSED] PROTECTIVE ORDER