Shepherd v. Kohl's Department Stores, Inc.

Filing 20

STIPULATION and PROTECTIVE ORDER signed by Judge John A. Mendez on 4/8/15. (Kastilahn, A)

8 Anthony J. Sperber, Bar No. 197962
[e-mail]
9 Law Office of Anthony J. Sperber
1808 Sixth Street
10 Berkeley, CA 94710
Telephone: [phone]
11 Facsimile: [phone]
ATTORNEYS AT LAW
ONE POST STREET, SUITE 1000
SAN FRANCISCO, CALIFORNIA 94104
[phone]

PAYNE & FEARS LLP

1 Leila Narvid, Bar No. 229402
[e-mail]
2 Alexandra L. Pichette, Bar No. 287212
[e-mail]
3 PAYNE & FEARS LLP
Attorneys at Law
4 One Post Street, Suite 1000
San Francisco, California 94104
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 KOHL’S DEPARTMENT STORES, INC.

12 Attorneys for Plaintiff
JUSTIN SHEPHERD
13
Kurt W. Dreger, Bar No. 283384
14 [e-mail]
Law Office of Kurt W. Dreger
15 848 Mohawk Drive
Livermore, CA 94551
16 Telephone: [phone]
Facsimile: [phone]
17
Attorneys for Plaintiff
18 JUSTIN SHEPHERD
19
UNITED STATES DISTRICT COURT
20
EASTERN DISTRICT OF CALIFORNIA
21
22
JUSTIN SHEPHERD,

Case No. 1:14-cv-01901-JAM-BAM

23
Plaintiff,
24

Assigned for All Purposes:
Judge John A. Mendez

v.
25
KOHL’S DEPARTMENT STORES, INC.,
26 and DOES 1 through 100,
27

JOINT STIPULATION AND
PROTECTIVE ORDER

Defendant.

28
JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

1.

2

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

PURPOSES AND LIMITATION

3 confidential, proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
7 all disclosures or responses to discovery and that the protection it affords from public disclosure
8 and use extends only to the limited information or items that are entitled to confidential treatment
9 under the applicable legal principles. The parties further acknowledge, as set forth in Section

11 information under seal; Civil Local Rule 141 sets forth the procedures that must be followed and
ATTORNEYS AT LAW
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10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential

12 the standards that will be applied when a party seeks permission from the court to file material
13 under seal.
14
15

2.

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

16 information or items under this Order.
17

2.2

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

18 it is generated, stored or maintained) or tangible things that qualify for protection under Federal
19 Rule of Civil Procedure 26(c).
20

2.3

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

21 (as well as their support staff).
22

2.4

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

23 items that it, or any other Party, produces in disclosures or in responses to discovery as
24 “CONFIDENTIAL.’
25

2.5

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

26 the medium or manner in which it is generated, stored, or maintained (including, among other
27 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or
28 responses to discovery in this matter.
-2JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

2.6

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

2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert
3 witness or as a consultant in this action.
4

2.7

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

5 House Counsel does not include Outside Counsel of Record or any other outside counsel.
6

2.8

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

7 other legal entity not named as a Party to this action.
8

2.9

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

9 this action but are retained to represent or advise a party to this action and have appeared in this

11 party.
ATTORNEYS AT LAW
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10 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that

12

2.10

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

13 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
14

2.11

Producing Party:

a Party or Non-Party that produces Disclosure or

15 Discovery Material in this action.
16

2.12

Professional Vendors: persons or entities that provide litigation support

17 services (e.g. photocopying, videotaping, translating, preparing exhibits or demonstrations, and
18 organizing, storing, or retrieving data in any form or medium), and their employees and
19 subcontractors.
20

2.13

Protected Material: any Disclosure or Discovery material that is designated

21 as “CONFIDENTIAL.”
22

2.14

Receiving Party: a Party that receives Disclosure or Discovery Material

23 from a Producing Party.
24

3.

25

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

SCOPE

26 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
27 all copies, excerpts, summaries, or compilation of Protected Material; and (3) any testimony,
28 conversations, or presentations by Parties of their counsel that might reveal Protected material.
-3JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 However, the protections conferred by this Stipulation and Order do not cover the following
2 information: (a) any information that is in the public domain at the time of disclosure to a
3 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
4 result of publication not involving a violation of this Order, including becoming part of the public
5 record through trial or otherwise; and (b) any information known to the Receiving Party prior to
6 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained
7 the information lawfully and under no obligation of confidentiality to the Designating Party. Any
8 use of Protected Material at trial shall be governed by a separate agreement or order.
9

DURATION

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

11 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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10

4.

12 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
13 and defenses in this action, with or without prejudice; and (2) final judgment herein after the
14 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
15 including the time limits for filing any motions or applications for extension of time pursuant to
16 applicable law.
17
18

5.

DESIGNATING PROTECTED MATERIAL
5.1

Type of Material Eligible for Protection.

In general, the parties will

19 designate “confidential” sensitive information such as Plaintiff’s medical information and
20 personally identifiable information relating to non-party former employees including but not
21 limited to names, telephone numbers, addresses, and employment information.
22

5.2

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

23 Party or Non-Party that designates information or items for protection under this Order must take
24 care to limit any such designation to specific material that qualify under the appropriate standards.
25 The Designating Party must designate for protection only those parts of material, documents,
26 items, or oral or written communications that qualify – so that other portions of the material,
27 documents, items, or communications for which protection is not warranted are not swept
28 unjustifiably within the ambit of this Order.
-4JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

Mass, indiscriminate, or routinized designations are prohibited. The parties will work

2 together to provide sufficient review time to avoid the need for mass, indiscriminate, or routinized
3 designations.
4

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

5 protection do not qualify for protections, that Designating Party must promptly notify all other
6 Parties that it is withdrawing the mistaken designation.
7

5.3

Manner and Timing of Depositions. Except as otherwise provided in this

8 Order (see, e.g. second paragraph or section 5.3(a) below), or as otherwise stipulated or ordered,
9 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

11 Designation in conformity with this Order requires:
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10 designated before the material is disclosed or produced.

12

(a)

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

13 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the
14 Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected
15 material. If only a portion or portions of the material on a page qualifies for protection, the
16 Producing Party also must clearly identify the protected portion(s) e.g., by making appropriate
17 markings in the margins).
18

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

19 need not designate them for protection until after the inspecting Party has indicated which material
20 it would like copied and produced. During the inspection and before the designation, all of the
21 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting
22 Party has identified the documents it wants copied and produced, the Producing Party must
23 determine which documents, or portions thereof, qualify for protection under this Order. Then,
24 before producing the specified documents, the Producing party must affix the “CONFIDENTIAL”
25 legend to each page that contains Protected material. If only a portion or portions of the material
26 on a page qualifies for protection, the Producing Party, to the extent practicable, shall identify the
27 protected portion(s) (e.g., by making appropriate markings in the margins).
28

(b)

for testimony given in deposition or in other pretrial or trial
-5-

JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 proceedings, that the Designating Party identify on the record, before the close of the deposition,
2 hearing, or other proceeding, all protected testimony.
3

(c)

for information produced in some form other than documentary and

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

5.4

Inadvertent Failures to Designate. If a Producing Party inadvertently fails

9 to designate “CONFIDENTIAL” Information or Items, that failure does not, standing alone, waive

11 Producing Party promptly makes the designation after learning of the oversight. Upon timely
ATTORNEYS AT LAW
ONE POST STREET, SUITE 1000
SAN FRANCISCO, CALIFORNIA 94104
[phone]

PAYNE & FEARS LLP

10 the Producing Party’s right to secure protection under this Order for such material so long as the

12 correction of a designation, the Receiving Party must make reasonable efforts to assure that the
13 material is treated in accordance with the provisions of this Order.
14

5.5

Designation by Party other than Producing Party. A Party, other than a

15 Producing Party, may designate “CONFIDENTIAL” Information or Items by giving written
16 notice to all Parties within 30 (thirty) days of production of the material. Upon timely designation,
17 the Producing Party and Receiving Party will work in good faith with the Designating Party to
18 ensure the “CONFIDENTIAL” Information or Items receive any necessary legends and are treated
19 in accordance with the provisions of this Order.
20
21

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges.

Any Party or Non-Party may challenge a

22 designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s
23 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
24 economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its
25 right to challenge a confidentiality designation by electing not to mount a challenge promptly after
26 the original designation is disclosed.
27

6.2

Meet and Confer.

The Challenging Party shall initiate the dispute

28 resolution process by providing written notice of each designation it is challenging and describing
-6JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the
2 written notice must recite that the challenge to confidentiality is being made in accordance with
3 this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge
4 in good faith and must begin the process by conferring directly (in voice to voice dialogue; other
5 forms of communication are not sufficient) within 14 days of the date of service of notice. In
6 conferring, the Challenging Party must explain the basis for its belief that the confidentiality
7 designation was not proper and must give the Designating Party an opportunity to review the
8 designated material, to reconsider the circumstances, and, if no change in designation is offered, to
9 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage

11 establishes that the Designating Party is unwilling to participate in the meet and confer process in
ATTORNEYS AT LAW
ONE POST STREET, SUITE 1000
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10 of the challenge process only if it has fully engaged in this meet and confer process first or

12 a timely manner. When the Challenging Party considers the meet and confer process exhausted,
13 the Challenging Party must notify the Designating Party in writing. A Challenging Party who
14 behaves unreasonably in the meet and confer process or who fails to fully comply with its meet
15 and confer obligations may be subject to sanction.
16

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

17 intervention, the Designating Party shall file and serve a motion to retain confidentiality under
18 Civil Local Rule 251 (and in compliance with Civil Local Rule 141, if applicable) within 21 days
19 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
20 process will not resolve their dispute, whichever is later. Each such motion must be accompanied
21 by a competent declaration affirming that the Designating Party has complied with the meet and
22 confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make
23 such a motion, including the required declaration, within 21 days (or 14 days, if applicable) shall
24 automatically waive the confidentiality designation for each challenged designation. Concurrently
25 with the motion, each Party shall set forth their differences and the bases therefor in a Joint
26 Statement regarding the Discovery Disagreement.
27

In addition, the Challenging Party may file a motion challenging a confidentiality

28 designation if there is good cause for doing so, including a challenge to the designation of a
-7JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 deposition transcript or any portions thereof. Any motion brought pursuant to this provision must
2 be accompanied by a competent declaration affirming that the Challenging Party has fully
3 complied with the meet and confer requirements imposed in Section 6.2.
4

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

5 party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
6 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
7 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
8 file a motion to retain confidentiality as described above, all parties shall continue to afford the
9 material in question the level of protection to which it is entitled under the Producing Party’s

11
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10 designation until the court rules on the challenge.

12

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

13 disclosed or produced by another Party or by a Non-Party in connection with the case only for
14 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
15 disclosed only to the categories of persons and under the conditions described in this Order. When
16 the litigation has been terminated, a Receiving Party must comply with the provisions of section
17 13 below (FINAL DISPOSITION).
18

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

19 a secure manner that ensures that access is limited to the persons authorized under this Order.
20

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

21 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
22 disclose any information or item designated “CONFIDENTIAL” only to:
23

(a)

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

24 well as employees of said Outside Counsel of Record to whom it is reasonably necessary to
25 disclose the information for this litigation and who have signed the “Acknowledgment and
26 Agreement to Be Bound” that is attached hereto as Exhibit A;
27

(b)

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

28 the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
-8JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2

(c)

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

3 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
4 and Agreement to Be Bound” (Exhibit A);
5

(d)

the court and its personnel;

6

(e)

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

7 mock jurors and Professional Vendors to whom disclosure is reasonably necessary for this
8 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9

(f)

during their depositions, witnesses in the action to whom disclosure

11 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
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10 is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

12 transcribed deposition testimony or exhibits to depositions that reveal Protected material must be
13 separately bound by the court reporter and may not be disclosed to anyone except as permitted
14 under this Stipulated Protective Order.
15

(g)

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

16 custodian or other person who otherwise possessed or knew the information.
17
18
19

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

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

20 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
21 must:
22

(a)

promptly notify in writing the Designating Party. Such notification

23 shall include a copy of the subpoena or court order;
24

(b)

promptly notify in writing the party who caused the subpoena or

25 order to issue in the other litigation that some or all of the material covered by the subpoena is
26 subject to this Protective Order.

Such notification shall include a copy of this Stipulated

27 Protective Order; and
28 / / /
-9JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

(c)

cooperate with respect to all reasonable procedures sought to be

2 pursued by the Designating Party whose Protected Material may be affected.
3

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

4 or court order shall not produce any information designated in this action as “CONFIDENTIAL”
5 before a determination by the court from which the subpoena or order issued, unless the Party has
6 obtained the designating Party’s permission. The Designating Party shall bear the burden and
7 expenses of seeking protection in that court of its confidential material – and nothing in these
8 provisions should be construed as authorizing or encouraging a Receiving Party in this action to
9 disobey a lawful directive from another court.
9.

11
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10

12

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

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

13 Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by
14 Non-Parties in connection with this litigation is protected by the remedies and relief provided by
15 this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from
16 seeking additional protections.
17

(b)

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

18 produce a Non-Party’s confidential information in its possession, and the Party is subject to an
19 agreement with the Non-Party not to produce the non-Party’s confidential information, then the
20 Party shall:
21

1.

promptly notify in writing the Requesting Party and the Non-

22 Party that some or all of the information requested is subject to a confidentiality agreement with a
23 Non-Party;
24

2.

promptly provide the Non-Party with a copy of the

25 Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably
26 specific description of the information requested; and
27

3.

make the information requested available for inspection by

28 the Non-Party.
-10JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

(c)

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

2 within 14 days of receiving the notice and accompanying information, the Receiving Party may
3 produce the Non-Party’s confidential information responsive to the discovery request. If the Non4 Party timely seeks a protective order, the Receiving Party shall not produce any information in its
5 possession or control that is subject to the confidentiality agreement with the Non-Party before a
6 determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the
7 burden and expense of seeking protection in this court of its Protected Material.
8

10.

9

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

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

11 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
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10 material to any person or in any circumstance not authorized under this Stipulated Protective

12 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
13 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
14 terms of this Order, and (d) request such person or persons to execute the “Acknowledgement and
15 Agreement to Be Bound” that is attached hereto as Exhibit A.
16

11.

17
18

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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

19 produced material is subject to a claim of privilege or other protection, the obligations of the
20 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).

This

21 provision is not intended to modify whatever procedure may be established in an e-discovery order
22 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence
23 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
24 communication or information covered by the attorney-client privilege or work product protection,
25
26

1

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
27 confidentiality
28
-11JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 the parties may incorporate their agreement in the stipulated protective order submitted to the
2 court.
3

12.

4

MISCELLANEOUS
12.1

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

5 person to seek its modification by the court in the future.
6

12.2

Right to Assert Other Objections.

By stipulating to the entry of this

7 Protective Order no Party waives any right it otherwise would have to object to disclosing or
8 producing any information or item on any ground not addressed in this Stipulated Protective
9 Order. Similarly, no Party waives any right to object on any ground to the use in evidence of any

11
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10 of the material covered by this Protective Order.
12.3

Filing Protected Material. Without written permission from the Designating

12 Party or a court order secured after appropriate notice to all interested persons, a Party may not file
13 in the public record in this action any Protected material. A Party that seeks to file under seal any
14 Protected Material must comply with Civil Local Rules 141 and 141.1. Protected Material may
15 only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected
16 Material at issue. If a Receiving Party’s request to file Protected Material under seal pursuant to
17 Civil Local Rule 141 is denied by the court, then the Receiving Party may file the information in
18 the public record unless otherwise instructed by the court.
19

13.

20

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

FINAL DISPOSITION

21 Receiving Party must return all Protected Material to the Producing Party, destroy such material,
22 or put such material in a sealed envelope marked “CONFIDENTIAL PURSUANT TO
23 PROTECTIVE ORDER.” As used in this subdivision, “all Protected Material” includes all
24 copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of
25 the Protected Material. Whether the Protected Material is returned, sealed or destroyed, the
26 Receiving Party must submit a written certification to the Producing Party (and, if not the same
27 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
28 where appropriate) all the Protected Material that was returned, sealed or destroyed and (2) affirms
-12JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1 that the Receiving Party has not retained any unsealed copies, abstracts, compilations, summaries
2 or any other format reproducing or capturing any of the Protected Material. Notwithstanding this
3 provision, Counsel are entitled to retain an unsealed archival copy of all pleadings, motion papers,
4 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial
5 exhibits, expert reports, attorney work product, and consultant and expert work product, even if
6 such materials contain Protected Material. Any such archival copies that contain or constitute
7 Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
8

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

9 DATED: April 8, 2015

PAYNE & FEARS

LLP

11
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10
By:

/s/ Leila Narvid
LEILA NARVID

12
13

Attorneys for Defendant
KOHL’S DEPARTMENT STORES, INC.

14
15 DATED: April 8, 2015

LAW OFFICE OF ANTHONY J. SPERBER

16
17
By:

/s/ Anthony Sperber
ANTHONY J. SPERBER

18
19

Attorneys for Plaintiff
JUSTIN SHEPHERD

20
21 DATED: April 8, 2015

LAW OFFICE OF KURT W. DREGER

22
23

By:

/s/ Kurt Dreger
KURT W. DREGER

24
25
26

Attorneys for Plaintiff
JUSTIN SHEPHERD

27 / / /
28 / / /
-13JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1
2

ATTESTATION OF E-FILED SIGNATURE
I, Leila Narvid, am the ECF User whose ID and password are being used to file this Joint

3 Stipulation and [Proposed] Protective Order. I hereby attest that Kurt W. Dreger, Esq. and
4 Anthony J. Sperber, Esq. have read and approved this Joint Stipulation and [Proposed] Protective
5 Order and consent to its filing in this action.
6 DATED: April 8, 2015

PAYNE & FEARS

LLP

7
8

By:

/s/ Leila Narvid
LEILA NARVID

9

Attorneys for Defendant
KOHL’S DEPARTMENT STORES, INC.

11
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10

12 PURSUANT TO STIPULATION, IT IS SO ORDERED.
13
14 DATED: April 8, 2015
15
16
17

/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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-14JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

_____________________________

[print

or

type

full

name],

of

4 __________________________ [print or type full address], declare under penalty of perjury that I
5 have read in its entirety and understand the Stipulated Protective Order that was issued by the
6 United States District Court for the Eastern District of California on [date] in the case of Justin
7 Shepherd v. Kohl’s Department Stores, Inc., Case No. 1:14-cv-01901-JAM-BAM. I agree to
8 comply with and to be bound by all the terms of this Stipulated Protective Order and I understand
9 and acknowledge that failure to so comply could expose me to sanctions and punishment in the

11 item that is subject to this Stipulated Protective Order to any person or entity except in strict
ATTORNEYS AT LAW
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[phone]

PAYNE & FEARS LLP

10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or

12 compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the

14 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
15 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

17 __________________________ [print or type full address and telephone number] as my
18 California agent for service of process in connection with this action or any proceedings related to
19 enforcement of this Stipulated Protective Order.
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21 Date:
22 City and State sworn and signed:
23 Printed name:
24 Signature:
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-15JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER