Shook et al v. Indian River Transport Co.

Filing 29

Stipulated PROTECTIVE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/2015. (Herman, H)

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ANDREW M. SPURCHISE, Bar No. 245998
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490

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MICHELLE CHRISTIAN, Bar No. 186115
BRITNEY N. TORRES, Bar No. 287019
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814.4737
Telephone:
916.830.7211
Facsimile:
916.561.0828

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Attorneys for Defendant
INDIAN RIVER TRANSPORT CO.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TODD SHOOK, HERSCHEL
BERRINGER on behalf of himself and all
others similarly situated, and on behalf of
all other “aggrieved” employees,

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Case No. 1:14-CV-01415-WBS-BAM
STIPULATED PROTECTIVE ORDER

Plaintiffs,

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v.

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INDIAN RIVER TRANSPORT CO., a
Florida Corporation, and DOES 1-10
inclusive,

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Defendants.

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public disclosure

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

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the Parties seek to protect information exchanged in this litigation pertaining to compensation and

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payroll information, personnel records, employee data, employee schedules, employee training

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materials, employee complaints, internal investigations, audits, financial records, internal policies

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

(CASE NO. 1:14-CV-01415-WBS-BAM)

STIPULATED PROTECTIVE ORDER

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and procedures, business planning information, budgets, floor plans, internal compliance materials,

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marketing information, and private contracts because Defendant has a legal obligation to protect

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private information pertaining to its employees. This protection should be addressed by a court

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order, as opposed to a private agreement between or among the parties, in order to sufficiently

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protect Defendant’s employees’ information.

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petition the court to enter the following Stipulated Protective Order.

Accordingly, the Parties hereby stipulate to and

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The Parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public disclosure and use

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

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applicable legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, that

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this Stipulated Protective Order does not entitle them to file confidential information under seal;

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Civil Local Rules 140 and 141 set forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

“ATTORNEYS’ EYES ONLY” Information or Items: information (regardless of how

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it is generated, stored or maintained) or tangible things that may be viewed only by Outside Counsel

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of Record and may not be shown to any Non-Party or Party (including its House Counsel) other than

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the Designating Party. “ATTORNEYS’ EYES ONLY” information will include, but is not limited

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to, the list of putative class members, or any other list of Defendant’s employees and contact

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information.

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2.2

Challenging Party:

a Party or Non-Party that challenges the designation of

information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items:

information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

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Civil Procedure 26(c), as well as confidential or sensitive proprietary, business, commercial or

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personal information, including, but not limited to, compensation and payroll information, personnel

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records, employee data, employee schedules, employee training materials, employee complaints,

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internal investigations, audits, financial records, internal policies and procedures, business planning

LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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information, budgets, floor plans, internal compliance materials, marketing information, and private

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contracts.

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2.4

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

as their support staff).
2.5

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

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produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “ATTORNEYS’

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EYES ONLY.”

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2.6

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

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or manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.7

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

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

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consultant in this action.

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2.8

House Counsel:

attorneys who are employees of a Party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.9

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

entity not named as a Party to this action.
2.10

Outside Counsel of Record: attorneys who are not employees of a Party to this action

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but are retained to represent or advise a Party to this action and have appeared in this action on

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behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party.

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2.11

Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.12

Producing Party:

a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.13

Professional Vendors: persons or entities that provide litigation support services

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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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storing, or retrieving data in any form or medium) and their employees and subcontractors.

LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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2.14

Protected Material:

any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

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2.15

Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

SCOPE

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

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defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Order, including becoming part of the public record

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through trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

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Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

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

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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Non-Party that designates information or items for protection under this Order must take care to

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limit any such designation to specific material that qualifies under the appropriate standards. The

LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

1

Designating Party must designate for protection only those parts of material, documents, items, or

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oral or written communications that qualify – so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept unjustifiably within

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the ambit of this Order.

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

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to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

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encumber or retard the case development process or to impose unnecessary expenses and burdens on

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other parties) expose the Designating Party to sanctions.

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

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protection do not qualify for protection, that Designating Party must promptly notify all other Parties

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that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

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

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

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designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

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

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” to each page that contains

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Protected Material. If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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

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

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would like copied and produced. During the inspection and before the designation, all of the material

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made available for inspection shall be deemed “CONFIDENTIAL” and/or “ATTORNEYS’ EYES

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ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof, qualify for protection under

LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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this Order. Then, before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” legend to each page that contains Protected

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Material. If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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(b)

for testimony given in deposition or in other pretrial or trial proceedings, that

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

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proceeding, all Protected Material.

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(c)

for information produced in some form other than documentary and for any

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

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container or containers in which the information or item is stored the legend “CONFIDENTIAL”

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and/or “ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information or item

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

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portion(s).

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5.3

Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating Party’s

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

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designation, the Receiving Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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6.

CHALLENGING

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6.1

AND

“ATTORNEYS’

EYES

ONLY”

DESIGNATIONS

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“CONFIDENTIAL”

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

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“CONFIDENTIAL” OR “ATTORNEYS EYES ONLY” at any time. Unless a prompt challenge to a

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Designating Party’s designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not

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waive its right to challenge a confidentiality designation by electing not to mount a challenge

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promptly after the original designation is disclosed.

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process

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by providing written notice of each designation it is challenging and describing the basis for each

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challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

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recite that the challenge is being made in accordance with this specific paragraph of the Protective

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Order. The Parties shall attempt to resolve each challenge in good faith and must begin the process

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by conferring directly (in voice to voice dialogue; other forms of communication are not sufficient)

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within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the

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basis for its belief that the confidentiality designation was not proper and must give the Designating

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Party an opportunity to review the designated material, to reconsider the circumstances, and, if no

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change in designation is offered, to explain the basis for the chosen designation. A Challenging Party

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may proceed to the next stage of the challenge process only if it has engaged in this meet and confer

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process first or establishes that the Designating Party is unwilling to participate in the meet and

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confer process in a timely manner.

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6.3

Judicial Intervention. Unless otherwise provided by an applicable order, if the Parties

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cannot resolve a challenge without court intervention, the Designating Party shall file and serve a

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motion to retain confidentiality under Local Rule 141.1 within 21 days of the initial notice of

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challenge or within 14 days of the Parties agreeing that the meet and confer process will not resolve

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their dispute, whichever is earlier. Each such motion must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer requirements imposed

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in the preceding paragraph. Failure by the Designating Party to make such a motion including the

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required declaration within 21 days (or 14 days, if applicable) shall automatically waive the

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confidentiality designation for each challenged designation. In addition, the Challenging Party may

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file a motion challenging a confidentiality designation at any time if there is good cause for doing so,

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including a challenge to the designation of a deposition transcript or any portions thereof. Any

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motion brought pursuant to this provision must be accompanied by a competent declaration

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affirming that the movant has complied with the meet and confer requirements imposed by the

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preceding paragraph.

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

1

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

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Party. Frivolous 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 sanctions.

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Unless the Designating Party has waived the confidentiality designation by failing to file a motion to

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retain confidentiality as described above, all parties shall continue to afford the material in question

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the level of 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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6.4

The Parties agree they will not challenge the designation of the putative class list, or

any other list of Defendant’s employees and contact information, as “CONFIDENTIAL” and/or

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“ATTORNEYS’ EYES ONLY.”

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

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produced by another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

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the categories of persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by

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the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

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

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information for this litigation;

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

(b)

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

Receiving Party to whom disclosure is reasonably necessary for this litigation;
(c)

real parties in interest to this action;

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(d)

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

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

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Agreement to Be Bound” (Exhibit A);

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(e)

the court and its personnel;

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(f)

court reporters and their staff, professional jury or trial consultants, mock

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jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and

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who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(g)

during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

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

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this Stipulated Protective Order.

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(h)

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the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
7.3

Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise

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

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disclose any information or item designated “ATTORNEYS’ EYES ONLY” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

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

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information for this litigation;

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(b)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information.
7.4

Contact with Members of the Putative Class List by Outside Counsel of Record for

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the Parties. The Parties agree that contact by Outside Counsel of Record for the Parties with

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members of the putative class list, which will be designated as “ATTORNEYS’ EYES ONLY,” will:

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(a)

be neutral;

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(b)

advise potential class members that they have a right not to talk to counsel;

LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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(c)

advise potential class members that, if they elect not to talk to counsel, the

Outside Counsel of Record for the Parties will terminate the contact and not contact them again;

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(d)

advise potential class members that Defendant was compelled to disclose the

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contact information, that the communication is highly confidential, and include contact information

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of counsel for Defendant, accompanied by a warning that Defendant’s counsel does not represent

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potential class members.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

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LITIGATION

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

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disclosure of any information or items designated in this action as “CONFIDENTIAL” or

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“ATTORNEYS’ EYES ONLY,” that Party must:

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(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 order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is subject to

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this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued by

the Designating Party whose Protected Material may be affected.

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

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or court order shall not produce any information designated in this action as “CONFIDENTIAL” or

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“ATTORNEYS’ EYES ONLY” before a determination by the court from which the subpoena or

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order issued, unless the Party has obtained the Designating Party’s permission. The Designating

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Party shall bear the burden and expense of seeking protection in that court of its Protected Material –

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and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party

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in this action to disobey a lawful directive from another court.

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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9.

2

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION

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(a)

The terms of this Order are applicable to information produced by a Non-

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Party in this action and designated as “CONFIDENTIAL” and/or “ATTORNEYS’ EYES ONLY.”

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

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

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prohibiting a Non-Party from seeking additional protections.

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(b)

Non-Party’s Protected Material in its possession, and the Party is subject to an agreement with the
Non-Party not to produce the Non-Party’s Protected Information, then the Party shall:

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

(1)

promptly notify in writing the Requesting Party and the Non-Party that

some or all of the information requested is subject to a confidentiality agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and

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(3)

make the information requested available for inspection by the Non-

Party.

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(c)

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

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

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produce the Non-Party’s Protected Material responsive to the discovery request. If the Non-Party

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timely seeks a protective order, the Receiving Party shall not produce any Protected Material in its

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possession or control that is subject to the confidentiality agreement with the Non-Party before a

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determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the burden

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

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party
and to afford the Non-Party an opportunity to protect its confidentiality interests in this court.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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

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Be Bound” that is attached hereto as Exhibit A.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

10

MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

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material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties

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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to

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modify whatever procedure may be established in an e-discovery order that provides for production

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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Parties reach an agreement on the effect of disclosure of a communication or information covered by

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the attorney-client privilege or work product protection, the parties may incorporate their agreement

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in the stipulated protective order submitted to the court.

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12.

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MISCELLANEOUS
12.1

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

its modification by the court in the future.
12.2

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

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no Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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

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this Protective Order.

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

12.3

Filing Protected Material. Without written permission from the Designating Party or a

court order secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under seal any Protected

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Material must comply with Civil Local Rules 140 and 141. If a Receiving Party's request to file

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Protected Material under seal pursuant to Civil Local Rules 140 and 141 is denied by the court, then

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

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court.

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12.4

Use of Employee Contact Information. The Parties agree that any employee contact

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information produced during this case, including current and former employee home addresses and

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telephone numbers, may only be used in connection with this case for prosecuting, defending, or

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attempting to settle this litigation or related litigation. Provided, however, it shall not be a violation

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of this Order for Outside Counsel of Record for Plaintiffs to use this information to communicate

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with class members.

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13.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material.

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As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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

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the Protected Material is returned or destroyed, the Receiving Party must submit a written

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

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by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected

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Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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

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and expert work product, even if such materials contain Protected Material. Any such archival copies

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

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Section 4 (DURATION).

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 25, 2015

/s/ Michelle Christian
Andrew Spurchise
Michelle Christian
Littler Mendelson, P.C.
Attorneys for Defendant Indian River Transport Co.

DATED: June 24, 2015

/s/ Adrianne DeCastro
Aashish Y. Desai
Adrianne De Castro
Desai Law Firm, P.C.
Attorneys for Plaintiffs

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I, the filer of this document, attest that all other signatories listed, and on whose behalf the
filing is submitted, concur in the filing’s content and have authorized the filing.

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DATED: June 25, 2015
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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

/s/ Michelle Christian
Michelle Christian
Littler Mendelson, P.C.
Attorneys for Defendant Indian River Transport Co.

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

_____________________________

[print

or

type

full

name],

of

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_____________________________ [print or type full address], declare under penalty of perjury that

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I have read in its entirety and understand the Stipulated Protective Order that was issued by the

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United States District Court for the Eastern District of California in the case of Todd Shook, et al. v.

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Indian River Transport, Co., Case No. 1:14-CV-01415-WBS-BAM. I agree to comply with and to

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

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failure to so comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance with the provisions of

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this Order.

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

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Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective

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

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

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

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

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to enforcement of this Stipulated Protective Order.

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Date:

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City and State where sworn and signed:
Printed name:
[printed name]

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

Signature:
[signature]
Firmwide:134200853.3 081867.1002

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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LITTLER MENDELSON, P.C.
650 CAL IF ORN IA STR EE T
20TH FL OOR
SAN FRAN CIS CO, CA
94108.2693
415.433 .1940

IT IS SO ORDERED.
Dated:

June 29, 2015

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE