Carmen Tygard v. Western Dental Services, Inc.

Filing 21

STIPULATED PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order 20 . (twdb)

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BARRITT SMITH LLP
Douglas A. Barritt, Bar No. 150955
dbarritt(luba1rittsmith.com
Paul B. Miner, Bar No. 245970
nminer<@barrittsmith.com
3 Corporate Park, Smte 150
Irvine, California 92606
Phone:
[phone]
Fax: [phone]

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Attom~s

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for Defendant
WESTERN DENTAL SERVICES, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CARMEN TYGARD,

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Plaintiff,

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CASE NO.: 8:14-cv-1110 -DOC (RNBx)
rPROPOSEDl STIPULATED
l>ROTECTIVE ORDER

vs .
WESTERN DENTAL SERVICES, INC.,
a Corporation, and DOES 1-10, inclusive,
Defendants.

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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WHEREAS, plaintiff Carmen Tygard and defendant Western Dental Services,

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Inc. are engaged in discovery that may require the production of documents that are

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believed to contain or disclose confidential personal, technical, business or financial

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information, as contemplated by Federal Rule of Civil Procedure 26(c).

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THEREFORE, the parties stipulate to, and apply jointly to the Court for, entry of
this Protective Order as follows:

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1.

This Protective Order shall govern any designated record of information

1O produced in this action, including all designated deposition testimony, interrogatory
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answers, documents (including, without limitation, computer and electronic files), and
other discovery materials (whether produced informally or in response to interrogatories,
requests for admissions, requests for production of documents, or other formal method
of discovery).

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2.

Each party shall have the right to designate as confidential and subject to

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this Protective Order any information, document, or portion of any documents produced

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by him, her or it in this litigation which contains confidential personal, technical,

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business, or financial information. This designation shall be made by stamping each

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page of the document containing confidential

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CONFIDENTIAL prior to its production or, if inadvertently produced without the

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legend, by furnishing written notice to the receiving party that the information or

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document shall be designated as CONFIDENTIAL under this Protective Order. With

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respect to all materials provided by one party for inspection by another party's counsel,

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designation by stamping or labeling as CONFIDENTIAL need not be made until copies

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of the materials are requested after inspection and selection by counsel. Making

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documents and things available for inspection shall not constitute a waiver of any claim

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of confidentiality, and all materials provided for inspection shall be treated as though

information with the legend

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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designated as CONFIDENTIAL at the time of the inspection.

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3.

Each party and all persons bound by the terms of this Protective Order shall

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(i) used only for the purposes specified herein, and (ii) disclosed only to persons to

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whom disclosure of such information and documents is authorized by this Protective

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care to ensure that the information and documents governed by this Protective Order are

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or defense of this action. The attorneys of record for the parties shall exercise reasonable

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information designated as CONFIDENTIAL for any purpose other than the prosecution

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of prosecution or defense of this action. No such party or other person shall use any

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use any information or document designated as CONFIDENTIAL only for the purpose

Order.

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Except as otherwise provided by written stipulation of the parties or by

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further order of the Court, documents or information designated CONFIDENTIAL may

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be disclosed only to counsel of record and their secretarial and legal assistants.

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Documents or information designated CONFIDENTIAL may be also disclosed, on a

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need-to-know basis only and subject to Paragraph 5 of this Protective Order, to: (i) the

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parties; (ii) employees of the parties; (iii) any witness necessary in the defense or

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prosecution of this action; and (iv) consultants and experts retained by the parties or their

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attorneys for purposes of this litigation (including, without limitation, persons engaged

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in the scanning, copying, and/or coding of such information or documents).

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5.

In no event shall any information or documents designated as

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CONFIDENTIAL be disclosed to any person other than persons employed by the Court,

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who are necessary for the handling of the litigation, parties (or the designated

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representative of a party), the parties' counsel and their secretarial, law clerks, and legal

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assistants pursuant to Paragraph 4 of this Protective Order until such person has

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executed a written confidentiality agreement acknowledging and agreeing to be bound
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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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by the terms of this Protective Order, and consenting to be subject to the personal

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jurisdiction of the United States District Court for the Central District of California for

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any proceeding relating to enforcement of this Protective Order, in the form set forth in

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Exhibit A hereto. The parties are under no obligation to exchange with one another the

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executed acknowledgements.

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6.

Documents and information designated CONFIDENTIAL may also be

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disclosed, without need for a written acknowledgement as provided in Paragraph 5 to

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any court reporter, videographer, or interpreter acting in that capacity in this action.

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Documents and information designated CONFIDENTIAL shall include (i)

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all copies, extracts, and complete or partial summaries prepared from such documents or

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information; (ii) portions of deposition transcripts and exhibits that contain or reflect the

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content of any such documents, copies, extracts, or summaries; (iii) portions of briefs,

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memoranda, or any other writing filed with the Court and exhibits that contain or reflect

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the content of any such documents, copies, extracts, or summaries; and (iv) deposition

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testimony designated in accordance with Paragraph 8. In accordance with Local Rule

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79-5.1, if any papers to be filed with the Court contain information and/or documents

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that have been designated as "Confidential," the proposed filing shall be accompanied

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by an application to file the papers or the portion thereof containing the designated

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information or documents (if such portion is segregable) under seal; and the application

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shall be directed to the judge to whom the papers are directed. For motions, the parties

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shall publicly file a redacted version of the motion and supporting papers.

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8.

Deposition transcripts, or portions thereof, may be designated as subject to

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this Protective Order either (1) before or immediately after the testimony is recorded, in

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which case the transcript of the designated testimony shall be bound in a separate

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volume conspicuously labeled CONFIDENTIAL by the reporter, as appropriate, or (2)
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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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by written notice to the reporter and all counsel of record, given within ten (10) days

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after the transcript is received by the witness or his counsel or by any party or its

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counsel, in which case all counsel receiving such notice shall be responsible for marking

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the copies of the designated transcript in their possession or under their control as

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directed by the designating party. The designating party shall have the right to exclude

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the following persons from a deposition before taking of testimony which the

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designating party designates as CONFIDENTIAL subject to this Protective Order: all

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persons except the court reporter, videographer, translator, counsel of record, the

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deponent, the parties (or the designated representative of a party), and any consultant or

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expert retained for purposes of this litigation.

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9.

Notwithstanding any other provisions of this Order, nothing shall prohibit

counsel

for

a party

from

disclosing

a

document,

whether

designated

as

CONFIDENTIAL, to any employee, officer, or director of the party who produced the
document or information so designated.
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10.

Any party may mark any documents or information designated as

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CONFIDENTIAL as an exhibit to a deposition and examine any witness thereon,

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provided (i) the witness previously has executed a written confidentiality agreement in

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the form of Exhibit A hereto, (ii) the exhibit and related transcript pages receive the

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same type of confidentiality designation as the original document, (iii) there is reason to

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believe this witness has knowledge or information to which such designated material is

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relevant, and (iv) the witness is entitled to see the document pursuant to the terms of this

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Protective Order.

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11.

Any Party or Non-Party may challenge a designation of confidentiality at

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any time that is consistent with the Court's Scheduling Order. The Challenging Party

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shall initiate the dispute resolution process under Local Rule 37.l et seq. The burden of
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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous
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challenges, and those made for an improper purpose (e.g., to harass or impose

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

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sanctions. Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question the level of

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protection to which it is entitled under the Producing Party's designation until the Court

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rules on the challenge.

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12.

Upon final termination of this action, including all appellate proceedings,

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unless otherwise agreed to in writing by an attorney of record for the designating party,

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each party shall assemble and return all material designated as CONFIDENTIAL,

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including all copies, extracts and summaries thereof, to the party from whom the

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designated material was obtained, except that any materials that contain or constitute

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attorney's work product may be destroyed rather than returned. Proof of such

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destruction, in the form of a declaration under oath by a person with personal knowledge

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of the destruction, will be supplied by each party to all counsel of record.

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13.

No part of the restrictions imposed by this Protective Order may be

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terminated, except by an order of this Court. The termination of this action shall not

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terminate this Protective Order.

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14.

This Protective Order may be amended and exceptions may be made only

by order of the Court.

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

15.

Nothing contained in this Protective Order is intended or should be

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construed as authorizing a party in this action to disobey a lawful subpoena issued in

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another action.

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Dated:

~.... ,~ 'Z.? , 2014

BARRITT SMITH LLP

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By:

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for Defendant
WESTERN DENTAL SERVICES, INC.

Attom~s

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Dated: December 22

'2014

CLARK EMPLOYMENT LAW, APC

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By:

Tyler F. Clark
Attorneys for Plaintiff
CARMEN TYGARD

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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EXHIBIT A TO STIPULATED PROTECTIVE ORDER

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ACKNOWLEDGEMENT OF RECEIPT OF STIPULATED PROTECTIVE

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ORDER

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AND CERTIFICATE OF COMPLIANCE

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I certify that I have received and carefully read a copy of the Stipulated ·

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Protective Order in the above-captioned case and that I fully understand the terms of the

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Court's Order. I recognize that I am bound by the terms of this Order, and I agree to

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comply with those terms. I hereby consent to the personal jurisdiction of the United

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States District Court for the Central District of California for any proceedings involving

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the enforcement of that Order.

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I declare under penalty of perjury pursuant to the laws of the United States and

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California that the foregoing is true and correct. Executed this __ day of

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Name:

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Affiliation:

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Business Address: - - - - - - - - - - - - - - Home Address:

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Signature:

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)

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ORDER

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GOOD CAUSE APPEARING THEREFORE, IT IS ORDERED THAT the terms

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of the Protective Order as described in the Stipulation between Plaintiff Carmen Tygard

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and defendant W estem Dental Services, Inc. in paragraphs 1 through 15 above shall be

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entered as the Order of the Court and be binding upon the parties and signatories to

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Exhibit "A" above.

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DATED: December 29 '2014

Hon. Robert N. Block
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER (CASE NO. 8:14-cv-1110)