Landes v. Skil Power Tools, et al

Filing 41

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/6/2013. (Donati, J)

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA—SACRAMENTO DIVISION

3
4
5
6
7
8
9
10
11

WILLIAM LANDES,

) Case No.: 2:12-CV-01252 MCE-KJN
)
Plaintiff,
)
)
vs.
)
)
SKIL POWER TOOLS, a Division of ROBERT
)
BOSCH TOOL CORPORATION, a Delaware
)
Corporation; ROBERT BOSCH TOOL
)
CORPORATION, a Delaware Corporation;
)
LOWES’ HIW, INC., a Washington Corporation;
)
LOWE’S COMPANIES INC., a Delaware
)
Corporation; and DOES 1 through 30, INCLUSIVE, )
)
Defendants.
)
)

12
STIPULATED PROTECTIVE ORDER

13
14

IT IS STIPULATED AND AGREED by the parties, plaintiff William Landes, defendant

15

Robert Bosch Tool Corporation (Bosch) and defendant Lowe’s HIW, Inc. (Lowe’s,) through

16

their undersigned counsel, that:

17

1.

Proceedings and Information Governed

18

This protective order and any amendments or modifications to it shall govern any

19

documents, information or thing furnished by any party, including third parties (hereafter

20

referred to as "conveying party"), to any other party (hereafter referred to as "receiving party") in

21

connection with the discovery and pretrial phase of this action.

22

This protective order shall not preclude any party from withholding any document,

23

information or thing on the basis of the attorney-client privilege or attorney work-product

24

doctrine, or otherwise affect any party's claim of privilege with respect to any such document,

25

information or thing. The inadvertent production of any privileged document, information or

26

thing shall not be deemed a waiver of such privilege or otherwise affect any party's right to seek

27

return of the inadvertently produced document, information or thing. Further, this Protective

28

order shall not preclude any party from withholding any document, information or thing the
-1STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

disclosure of which might constitute a breach of an agreement with a third party, nor shall it

2

preclude any party from moving the Court for an order directing the disclosure of such materials.

3
4
5

This protective order does not govern proceedings during trial, nor does it prohibit the
parties from seeking a protective order to govern proceedings during trial.
Subject to the terms set forth below, all information produced by a conveying party shall

6

be used by the parties receiving the information solely for the purposes of preparing for and

7

conducting this action, and the information shall not be used for any other purpose.

8

2.

Definitions

9

"CONFIDENTIAL MATERIALS" are any documents, information or things that

10

constitute, reflect or contain trade secrets or other non-public, proprietary or business-sensitive

11

information, or things, including, without limitation, confidential research, design and

12

development, non-public financial, corporate, or other commercial information belonging to or

13

concerning a party or conveying party that could, if produced without being subject to a

14

protective order, harm the competitive position of the party in the table saw industry as to Bosch,

15

and in the retail sales business, as to Lowe’s, and that a party or conveying party designates as

16

"CONFIDENTIAL" or "CONFIDENTIAL-2" as described below.

17
18
19

"Confidentiality Pledge" shall mean an undertaking, in the form attached as Exhibit A, to
be bound by the provisions of this protective order.
"Inadvertent production" shall mean unintentional or accidental production of privileged

20

documents, information or things for whatever reason irrespective of whether: (i) such

21

production was careless, reckless, or negligent; or (ii) the precautions taken to avoid such

22

inadvertent production were inadequate.

23

3.

The Need for a Protective Order Instead of an Agreement Among Parties

24

Both Bosch and Lowe’s assert they operate in very competitive industries. Bosch is but

25

one of many manufacturers of table saws and Lowe’s is but one of many home improvement

26

warehouse store retailers. Both Bosch and Lowe’s believe that an agreement among the parties

27

to this action, without the force behind it of a court order, would not likely provide the necessary

28

protection to ensure that confidential information is not made available to the competitors of
-2STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

either Bosch or Lowe’s. There have been other cases involving table saw injuries in the past and

2

there are currently pending cases against Bosch and other manufacturers in which protective

3

orders have been issued to protect the manufacturers and other parties from the disclosure of

4

confidential information to anyone not directly involved in the litigation, including competitors.

5

In order to provide the parties with protection against disclosure of its confidential information,

6

while allowing the non-conveying parties to access information needed to pursue the claims and

7

defenses in this case, a protective order is the best vehicle to accomplish this goal.

8
9

4.

Designation of Confidential Information
a.

Documents, information and things produced by a party during the course

10

of this litigation, including but not limited to responses to discovery requests and

11

interrogatories, may be designated by such party as "CONFIDENTIAL" or "CONFIDENTIAL-

12

2" at the time of production. After such time, a document, information or thing may be

13

designated as "CONFIDENTIAL" or "CONFIDENTIAL-2" in writing, by any party, provided

14

that any such designation shall be within a reasonable time after disclosure. In addition, within

15

one month of the execution of this protective order, any party may designate as

16

"CONFIDENTIAL" or "CONFIDENTIAL-2" a document, information or thing previously

17

produced in this action.

18

b.

Documents, information and things produced by a party during the course

19

of this litigation, including but not limited to responses to discovery requests and

20

interrogatories, shall be designated by the conveying party as containing "CONFIDENTIAL" or

21

"CONFIDENTIAL-2" information by placing a "CONFIDENTIAL(or CONFIDENTIAL-2) –

22

Subject to protective order" legend on each page and each thing, by so indicating in any other

23

reasonable manner appropriate to the form in which the documents, information or things are

24

made available to the receiving party, or alternatively, by advising the receiving party in writing

25

as to the particular documents, information or things designated "CONFIDENTIAL" or

26

"CONFIDENTIAL-2."

27
28

c.

A party may designate information disclosed at a deposition, including

questions, testimony, documents or exhibits as "CONFIDENTIAL" or "CONFIDENTIAL-2"
-3STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

by requesting that the reporter so designate all or part of the deposition transcript at the time of

2

the deposition or by requesting such designation in writing within a reasonable time after

3

receipt of the deposition transcript. Where only a portion of a deposition transcript contains

4

"CONFIDENTIAL" or "CONFIDENTIAL-2" information, only such portion of the transcript

5

may be so designated. Any portions of a deposition transcript designated "CONFIDENTIAL"

6

or "CONFIDENTIAL-2" and any deposition exhibits so designated shall be bound separately

7

and treated accordingly.

8
9

d.

Any party invoking "CONFIDENTIAL" or "CONFIDENTIAL-2"

protection during a deposition may exclude from the room any person who is not authorized

10

under this protective order to receive information designated "CONFIDENTIAL" or

11

"CONFIDENTIAL-2."

12

e.

In the event that a party's motion papers, briefs, memoranda, discovery

13

requests, requests for admissions or other papers of any kind contain another party's

14

"CONFIDENTIAL" or "CONFIDENTIAL-2" information, the papers shall be designated as

15

"CONFIDENTIAL" or "CONFIDENTIAL-2" and shall be treated accordingly.

16

f.

All documents, including attorneys notes and abstracts, that contain

17

another party's "CONFIDENTIAL" or "CONFIDENTIAL-2" information shall be treated as if

18

such documents were also designated as "CONFIDENTIAL" or "CONFIDENTIAL-2."

19

g.

The parties shall use reasonable care to avoid designating as

20

"CONFIDENTIAL" or "CONFIDENTIAL-2" any document, information or thing that is not

21

entitled to such designation under the applicable law or that is generally available to the public.

22
23

5.

Use of Confidential Information
a.

Documents, information or things designated "CONFIDENTIAL" or

24

"CONFIDENTIAL-2" shall not be made public by counsel or persons entitled access to such

25

materials under this protective order unless such materials become part of the public record of

26

this action other than through a violation of this protective order, and shall not be disclosed to

27

anyone other than this Court and the persons entitled access to such materials under this

28

protective order.
-4STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

b.

All documents, information and things designated "CONFIDENTIAL" or

2

"CONFIDENTIAL-2" may be used by persons to whom such documents, information and things

3

are properly disclosed pursuant to this protective order solely for purposes of pretrial preparation

4

and proceedings in this action, trial of this action and any appellate proceedings in this action.

5

Such documents, information and things shall be used for no other purpose unless and until

6

agreed to in writing by all parties to this action or authorized by order of the Court. No person

7

who receives any such document, information or thing shall disclose it to any person for any

8

purpose other than for pretrial preparation and proceedings in this action. Notwithstanding the

9

foregoing, counsel for plaintiff may use any documents, information or things disclosed by

10

Bosch, but not by Lowe’s HIW, Inc., for purposes of pretrial, trial or appellate proceedings in

11

any other action counsel for plaintiff (Tiedt & Hurd or Kelley/Uustal Law Firm) has pending in

12

which Bosch, or its predecessors or successors, is a defendant, and where the allegations concern

13

design defects in power table saws. Such documents, information or things disclosed by Bosch

14

may only be utilized against Bosch, and not against Lowe’s, in any such other action.

15

c.

Documents, information and things designated "CONFIDENTIAL" may

16

be disclosed by the receiving party only to: (i) officers and employees of the receiving party

17

who the receiving party reasonably and in good faith believes need to know in order for the

18

receiving party to prepare for this action; (ii) counsel in this action, and such counsel's

19

stenographic, clerical and paralegal employees whose functions require access to such

20

"CONFIDENTIAL" information; (iii) court reporters and stenographers engaged to transcribe

21

depositions or proceedings in this action; (iv) the Court and its employees; (v) employees of the

22

designating party during the course of a deposition or other proceeding in this action; (vi) experts

23

or consultants retained by the receiving party and whose advice and consultation are being or

24

will be used by the party in connection with this action, provided that such experts and

25

consultants have first executed a Confidentiality Pledge; (vii) any non-party witness or any

26

person reasonably anticipated to be a witness at a deposition or other proceeding in this action

27

provided such person has executed a Confidentiality Pledge; and (viii) any other person, with the

28

prior written approval of the designating party, provided such person has executed a
-5STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1
2

Confidentiality Pledge.
d.

Any and all Confidentiality Pledges signed by experts or consultants shall

3

be maintained by the receiving counsel, but need not be produced to opposing counsel absent an

4

order of the Court.

5

or by Rule 26 of the Federal Rules of Civil Procedure, a copy of the Confidentiality Pledge with

6

respect to each identified expert shall be produced to the opposing counsel within ten days. At

7

the conclusion of the litigation, counsel for each party shall deliver to opposing counsel a copy of

8

each and every Confidentiality Pledge it obtained during the course of the litigation.

9

e.

At such time that the parties identify experts pursuant to order of the Court

Documents, information and things designated "CONFIDENTIAL-2" may

10

be disclosed by the receiving party as allowed in Sections 5(c) and 5(d) above, except that under

11

no circumstances shall documents, information or things designated "CONFIDENTIAL-2" or

12

any of the information contained therein be released or disclosed to Stephen Gass or any agent or

13

employee of SawStop, LLC; SawStop, Inc.; SD3, LLC; or any of their parents, subsidiaries, or

14

affiliated companies. Plaintiff agrees to abide by this designation without waiving its right to

15

challenge the withholding of any or all information from Stephen Gass. Such challenge, if any,

16

shall be made by motion to the Court to lift all or part of any restraint from disclosing such

17

information to Gass. Plaintiff agrees to abide by such designation until any such designation or

18

restraint is lifted by consent or court order.

19

f.

In the event that a party desires to provide access to or to disseminate

20

CONFIDENTIAL MATERIALS to any person not otherwise entitled to access under this

21

protective order, and if the parties cannot agree in writing to the requested additional disclosure,

22

that party may move the Court for an order that such person be given access to the materials. In

23

the event that the motion is granted, such person may have access to CONFIDENTIAL

24

MATERIALS after first signing a Confidentiality Pledge, a copy of which shall be forwarded

25

promptly thereafter to opposing counsel.

26
27
28

g.

Nothing in this order shall restrict a party's use of its own materials that it

produces in discovery.
h.

Nothing in this order shall restrict a party's use of information which (i)

-6STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

the conveying party agrees, or the Court rules, is already public knowledge, (ii) the conveying

2

party agrees, or the Court rules, has become public knowledge other than as a result of a

3

violation of this protective order or by any other unlawful means, (iii) was already known to the

4

receiving party under conditions such that its use and/or public disclosure by the receiving party

5

would not violate some obligation to another, which knowledge is established by pre-production

6

documentation, or (iv) has come or shall come into the receiving party's legitimate possession

7

independently of the conveying party under conditions such that its use and/or public disclosure

8

by the receiving party would not violate some obligation to another.

9

i.

Nothing in this order shall restrict or prohibit discussions with any person

10

about CONFIDENTIAL MATERIALS if such person already has or obtains legitimate

11

possession of the materials, without restrictions which would independently prohibit such

12

discussion.

13

6.

Filing or Lodging CONFIDENTIAL MATERIALS with the Court Under Seal

14

The sealing of documents by the Court is never automatic. Any party seeking to file or

15

lodge CONFIDENTIAL MATERIALS with the Court under seal must file a Notice of Request

16

to Seal Documents in accordance with the Eastern District Local Rules, including Local Rule

17

141, and the Federal Rules of Civil Procedure.

18

7.

Inadvertent Failure to Designate

19

In the event that a conveying party inadvertently fails to designate documents,

20

information or things as "CONFIDENTIAL" or "CONFIDENTIAL-2," the conveying party may

21

later correct the error by notifying the receiving party of the error in writing and making the

22

appropriate designation in accordance with paragraph 4 above. The receiving party shall

23

thereafter treat the documents, information or things in accordance with the designation and shall

24

take reasonable steps to ensure that any person to whom the receiving party has previously

25

disclosed the documents, information or things treats them in accordance with the designation.

26

If the conveying party chooses to produce new copies of the documents, information or

27

things with the appropriate "CONFIDENTIAL" or "CONFIDENTIAl-2" designation, the

28

receiving party shall return any copies of the documents, information or things that were
-7STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

inadvertently produced without the proper "CONFIDENTIAL" or "CONFIDENTIAL-2"

2

designation to the conveying party without retaining any copies. The receiving party shall also

3

make reasonable efforts to obtain and return any improperly designated documents, information

4

or things and preclude their dissemination and use by any person to whom the receiving party

5

has previously disclosed the improperly designated documents, information or things.

6

8.

7

Challenge to Designations
a.

A party may challenge any other party's designation of any document,

8

information or thing as "CONFIDENTIAL" or "CONFIDENTIAL-2" at any time. Failure of a

9

party expressly to challenge a designation shall not constitute a waiver by such party of the right

10

to assert at a subsequent time that the designation is not appropriate.

11

b.

In case of disagreement with the designation of any document,

12

information or thing as "CONFIDENTIAL" or "CONFIDENTIAL-2," a party may request in

13

writing that the designating party change the designation.

14

c.

If a party denies a request to change the designation of any document,

15

information or thing as "CONFIDENTIAL" or "CONFIDENTIAL-2" and the requesting party

16

disagrees with the designating party's reasons for such denial or the designating party fails to

17

respond to the request, the requesting party may apply to the Court, in a manner consistent with

18

the Court's rules applicable to discovery disputes, for an order removing or changing the

19

designation in the manner stated in the request. On such application, the designating party shall

20

have the burden of proving that the material in question is within the scope of protection afforded

21

by federal law. No use or disclosure of any document, information or thing designated

22

"CONFIDENTIAL" or "CONFIDENTIAL-2" shall be made, except as otherwise authorized by

23

this protective order, unless and until the parties agree or the Court orders that the designation

24

shall be removed.

25

9.

26

Inadvertent Disclosure
a.

In the event of an inadvertent disclosure of a party's "CONFIDENTIAL"

27

or "CONFIDENITAL-2" documents, information or things to a person not authorized by this

28

protective order to receive such materials, the party making the inadvertent disclosure shall, upon
-8STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

learning of the disclosure:

2

(i)

promptly notify the person to whom the disclosure was made that

3

it contains "CONFIDENTIAL" or "CONFIDENTIAL-2"

4

information subject to this protective order;

5

(ii)

promptly make reasonable efforts to obtain the return of the

6

"CONFIDENTIAL" or "CONFIDENTIAL-2" documents,

7

information, or things from and preclude its dissemination or use

8

by the person to whom disclosure was inadvertently made; and

9

(iii)

within five (5) business days, serve the conveying party with a

10

written notice stating the identity of the person to whom the

11

disclosure was made, the nature of and circumstances surrounding

12

the disclosure and the steps taken to obtain the return of the

13

improperly disclosed documents, information or things and to

14

ensure against their further dissemination or use.

15

10.

Inadvertent Production of Privileged Documents, Information or Things

16

To facilitate the timely production of voluminous documents in compliance with the

17

parties' respective requests for production, the inadvertent production of any privileged

18

document, information or thing shall not be deemed a waiver of such privilege or otherwise

19

affect any party's right to seek return of the inadvertently produced document, information or

20

thing. The party receiving a document, information or thing that appears to be privileged shall

21

promptly notify the conveying party upon becoming aware that the document, information or

22

thing may have been inadvertently produced and, in any event, before making any use of the

23

document, information or thing in its submissions to the Court or otherwise. The fact that a

24

document, information or thing is listed on a party's privilege log shall be prima facie evidence

25

that such document, information or thing has been inadvertently produced, but the failure to list

26

such document, information or thing shall not preclude the conveying party from claiming that

27

the document, information or thing is privileged and was inadvertently produced.

28

In the event documents, information or things which are claimed to be privileged or
-9STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

subject to the work product doctrine are inadvertently produced during discovery, such

2

documents, information or things shall be returned by the receiving party within two days of any

3

written request for their return, unless the receiving party challenges the privileged nature of the

4

documents, information or things in which case the conveying party shall be entitled to make an

5

application to the Court for the return of such documents, information or things. A claimed lack

6

of privilege (and not the inadvertent production) shall be the sole ground for refusing to return

7

inadvertently produced privileged documents, information or things and such documents,

8

information or things shall only be retained while an application to the court is pending. While

9

such application is pending, the receiving party shall not use or divulge the contents of such

10

documents, information or things, except to the Court under seal. If the Court finds that the

11

documents, information or things in question are privileged, the receiving party shall promptly

12

return all copies of the inadvertently produced documents, information, or things and not retain

13

any copies, notes or summaries of the documents, information or things. The receiving party

14

shall also make reasonable efforts to obtain and return any inadvertently produced document(s),

15

information or thing(s) and preclude their dissemination and use by any person to whom the

16

receiving party has previously disclosed the inadvertently produced document(s), information or

17

thing(s).

18

11.

Non-party Information

19

Discovery in this proceeding may involve disclosure by a non-party of its

20

"CONFIDENTIAL" or "CONFIDENTIAL-2" documents, information or things. At the option

21

of a non-party, such documents, information or things may be produced subject to the provisions

22

of this protective order and, in that event, shall provide the non-party, with respect to the

23

information produced by such non-party in connection with the discovery and pre-trial phase of

24

this action, with all of the rights and obligations of a party as created by this protective order.

25
26

12.

Subpoenas
a.

In the event any person or party having possession, custody or control of

27

any document, information or thing designated as "CONFIDENTIAL" or "CONFIDENTIAL-2"

28

by another party pursuant to the terms of this protective order receives a subpoena or other
-10STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

process or order to produce the document, information or thing, the subpoenaed person or party

2

shall promptly (within five business days):

3

(i)

4

of the designating party;

5

(ii)

6

process or order; and

7

(iii)

8

respect to any procedure instituted by the designating party to protect the

9

confidentiality of the document, information or thing, including seeking

10

all reasonable extensions to afford the disputing party an opportunity to

11

obtain appropriate judicial relief;

12

(iv)

13

give notification in writing of such fact to the attorneys of record

furnish such attorneys of record with a copy of such subpoenas,

provide reasonable cooperation to the designating party with

provide the designated party reasonable time to seek appropriate
judicial relief before complying with the subpoena.

14

b.

If the designating party makes a motion to quash or modify the subpoena,

15

process or order, the subpoenaed party shall not disclose, pursuant to the subpoena, process or

16

order, any document, information or thing designated as "CONFIDENTIAL" or

17

"CONFIDENTIAL-2" by the designating party except as required by an order or other process of

18

the court having jurisdiction over the matter, and then only in accordance with such order or

19

process.

20
21
22
23

13.

Modification
a.

Nothing in this order shall restrict the power of the Court to modify this

protective order or any of its terms, for good cause shown.
b.

Nothing in this order shall preclude any party from applying to the Court

24

for relief from this protective order, or for further or additional protective orders, or from

25

agreeing between themselves in writing, to modification of this protective order, subject to the

26

approval of this Court.

27
28

c

Nothing in this order shall preclude any party from enforcing its rights

against any other party or any non-party believed to be violating its rights.
-11STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

14.

2

Neither the taking of, nor the failure to take, any action to enforce the provisions of this

3

protective order, nor the exercise of, or failure to exercise, any rights created by this protective

4

order, shall constitute a waiver of any right to seek or obtain protection or relief other than as

5

specified in this order or to pursue any claim or defense in this action or any other action. This

6

protective order shall not affect the rights of the parties to object to discovery on grounds other

7

than those related to trade secrets or confidential or proprietary information claims, nor shall it

8

relieve a party of its obligation to respond properly to discovery requests.

9

15.

10

No Waiver

Disposition of Documents at Termination of Litigation
a..

At the conclusion of this action, and any other action plaintiff’s counsel

11

may have pending that is covered under section 4b. above, each receiving party shall either

12

return all CONFIDENTIAL MATERIALS of a conveying party in its possession, custody or

13

control, and any copies of such materials, to counsel for the conveying party, or shall otherwise

14

dispose of such CONFIDENTIAL MATERIALS in a manner agreeable to both parties, except

15

that trial counsel for the receiving party may retain work-product derived from the

16

CONFIDENTIAL MATERIALS of a conveying party.

17

16.

18

A violation of this protective order will subject the violating party to sanctions if the

19

Violation of Order

Court finds good cause for the awarding of sanctions, following a noticed motion to the Court.

20

17.

Termination of Action

21

The Parties recognize that Eastern District Local Rule 141.1(f) provides as follows:

22

“Once the clerk has closed this action, unless otherwise ordered, the Court will not retain

23

jurisdiction over enforcement of the terms of any protective order filed in that action.”

24

Accordingly, pursuant to Eastern District Local Rule 141.1(f), the Court shall not retain

25

jurisdiction over the case once it has been terminated absent a prior court order retaining

26

jurisdiction.

27

///

28

///
-12STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

18.

Approval By Court

2

The parties agree that they will tender this stipulated protective order to the Court to be so

3

ordered and that, prior to approval by the Court, this stipulated protective order shall be effective

4

and binding on the parties as if approved by the Court.

5
6

Dated: March 5, 2013

7

By:

8
9
10

/s/ Marc Hurd
TIEDT & HURD
Marc Hurd
Attorneys for plaintiff
/s/ Jordan M. Lewis
KELLEY/UUSTAL LAW FIRM
Jordan M. Lewis
Attorneys for plaintiff

11
12
13

/s/ Jack B. McCowan, Jr.
GORDON & REES LLP
Jack B. McCowan, Jr.
Attorneys for defendants

14
15
16
17
18

IT IS SO ORDERED.
Date: 3/6/2013

19

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

20
21
22
23

DEAC_Signature-END:

ture-END:

24
25
26
27
28
-13STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

Exhibit A

2
UNITED STATES DISTRICT COURT
3
EASTERN DISTRICT OF CALIFORNIA-SACRAMENTO DIVISION
4
5
6
7
8
9
10
11
12

WILLIAM LANDES,

) Case No.: 2:12-CV-01252 MCE-KJN
)
Plaintiff,
)
)
vs.
)
)
SKIL POWER TOOLS, a Division of ROBERT
)
BOSCH TOOL CORPORATION, a Delaware
)
Corporation; ROBERT BOSCH TOOL
)
CORPORATION, a Delaware Corporation; LOWES’ )
HIW, INC., a Washington Corporation; LOWE’S
)
COMPANIES INC., a Delaware Corporation; and
)
DOES 1 through 30, INCLUSIVE,
)
)
Defendants.
)
)

13
CONFIDENTIALITY PLEDGE

14
15
16
17

I, ______________________________________, declare under penalty of perjury under
the laws of the United States that:
1.

My present address is ________________________________________________

2.

My present employer is ______________________________________________

18
19
20
21

_______________________________________ and the address of my present employer is

22
23
24

3.

My present occupation or job description is ______________________________

4.

I have received a copy of the protective order in this action signed by the Court

25
26
27
28

and dated ______________.
-14STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)

1

5.

I have carefully read and understand the provisions of the protective order.

2

6.

I will comply with and be bound by all of the provisions of the protective order

3

7.

I will hold in confidence and will not disclose to anyone not qualified under the

4

protective order and will use only for purposes of this action, any CONFIDENTIAL

5

MATERIALS which are disclosed to me. I will take appropriate steps and assume full

6

responsibility to assure that any other people, e.g., clerical or secretarial personnel, working for

7

me will abide by the protective order.

8
9
10
11

8.

I will return all CONFIDENTIAL MATERIALS that come into my possession,

and documents or things that I have prepared relating such materials, to counsel for the party by
whom I am employed or retained when requested to do so by that counsel.
9.

I declare further that I understand that if I violate the provisions of the protective

12

order, I may be subject to sanctions by the Court and that any party may assert other remedies

13

against me. I submit to the jurisdiction of this Court for the purpose of enforcement of the

14

protective order in this action.

15
16

Executed on: _____________________
________________________________
[Signature]

17
18
19
20
21

ad4mc0d
ad4mc0d

22
23
24
25
26
27
28

BOSC/1078805/14935493v.1

-15STIPULATED PROTECTIVE ORDER (Case No.: 2:12-CV-01252 MCE-KJN)