Tompkins v. Union Pacific Railroad Company

Filing 52

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 4/24/15. (Kaminski, H)

(SPACE BELOW FOR FILING STAMP ONLY)
1
2
3
4
5
6
7

STEPHANIE L. QUINN (SBN 216655)
MARIEL COVARRUBIAS (SBN 274784)
MURPHY, CAMPBELL, ALLISTON & QUINN
8801 Folsom Boulevard, Suite 230
Sacramento, CA 95826
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
UNION PACIFIC RAILROAD COMPANY

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

10

MURPHY, CAMPBELL, ALLISTON & QUINN

11

BURLEY D. TOMPKINS,
Plaintiff,

12

STIPULATED PROTECTIVE ORDER
RE: DISCLOSURE OF UNION PACIFIC
RAILROAD COMPANY POLICE
REPORTS

vs.

13
14

Case No. 2:12-CV-01481-CMK

UNION PACIFIC RAILROAD COMPANY, a
corporation,

15

Defendants.
16
17
18

1.

PURPOSES AND LIMITATIONS

19

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

20

confidential or private information for which special protection from public disclosure and

21

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

22

specific item of discovery at issue are police reports from UNION PACIFIC RAILROAD

23

COMPANY’S (“UPRR”) Police Department, which Plaintiff has requested in discovery.

24

UPRR has its own police department, which conducts police activities related to UPRR’s

25

property and related to trains traveling in interstate commerce. Plaintiff has alleged that he

26

was injured in 1998 after being startled by a transient on a UPRR railcar and that UPRR was

27

negligent because of the presence of a trespasser on its property. In support of that claim,

28

he has requested UPRR records related to police activities by the UPRR Police Department,
-1Stipulated Protective Order

1

including police reports.

2

The police reports that Plaintiff has requested be produced in discovery contain

3

highly sensitive information regarding UPRR’s police activities, as well as highly sensitive

4

information related to criminal suspects or perpetrators, some of which may be juveniles.

5

There are security concerns related to the production of UPRR’s Police Department records

6

and there is also a need to protect sensitive and private information, which may not be

7

adequately protected through redacting of personal identifying information. Because of the

8

sensitive nature of this material, a protective order is needed so that the material is only

9

used for purposes of this litigation.
Accordingly, the parties hereby stipulate to and petition the court to enter the

11

MURPHY, CAMPBELL, ALLISTON & QUINN

10

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

12

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

13

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

14

items that are entitled to confidential treatment under the applicable legal principles,

15

specifically and only UPRR’s Police Department records. The parties further acknowledge,

16

as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle

17

them to file confidential information under seal; Local Rule 141 sets forth the procedures

18

that must be followed and the standards that will be applied when a party seeks permission

19

from the court to file material under seal.

20

2.

21
22
23

DEFINITIONS
2.1

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

information or items under this Order.
2.2

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

24

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

25

Rule of Civil Procedure 26(c). This includes specifically any and all UPRR Police Reports

26

and any spreadsheets identifying said police reports produced in this case.

27
28

2.3

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

(as well as their support staff).
-2Stipulated Protective Order

1
2
3

2.4

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

that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

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

4

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

5

things, testimony, transcripts, and tangible things), that are produced or generated in

6

disclosures or responses to discovery in this matter.

7

2.6

Expert:

a person with specialized knowledge or experience in a matter

8

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

9

expert witness or as a consultant in this action.

10

MURPHY, CAMPBELL, ALLISTON & QUINN

11
12
13
14

2.7

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.
2.8

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

legal entity not named as a Party to this action.
2.9

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

15

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

16

in this action on behalf of that party or are affiliated with a law firm which has appeared on

17

behalf of that party.

18

2.10

Party:

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

19

employees, consultants, retained experts, and Outside Counsel of Record (and their support

20

staffs).

21
22
23

2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.12

Professional Vendors:

persons or entities that provide litigation support

24

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

25

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

26

subcontractors.

27

2.13

28

“CONFIDENTIAL.”

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

-3Stipulated Protective Order

2.14

1

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

2

Producing Party.

3

3.

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

5

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

6

Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3)

7

any testimony, conversations, or presentations by Parties or their Counsel that might reveal

8

Protected Material. However, the protections conferred by this Stipulation and Order do not

9

cover the following information: (a) any information that is in the public domain at the time of

10

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

11

MURPHY, CAMPBELL, ALLISTON & QUINN

4

Receiving Party as a result of publication not involving a violation of this Order, including

12

becoming part of the public record through trial or otherwise; and (b) any information known

13

to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the

14

disclosure from a source who obtained the information lawfully and under no obligation of

15

confidentiality to the Designating Party. Any use of Protected Material at trial shall be

16

governed by a separate agreement or order.

17

4.

DURATION

18

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

19

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

20

court order otherwise directs. Final disposition shall be deemed to be the later of (1)

21

dismissal of all claims and defenses in this action, with or without prejudice; and (2) final

22

judgment herein after the completion and exhaustion of all appeals, rehearings, remands,

23

trials, or reviews of this action, including the time limits for filing any motions or applications

24

for extension of time pursuant to applicable law.

25

5.

26

DESIGNATING PROTECTED MATERIAL
5.1

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

27

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

28

take care to limit any such designation to specific material that qualifies under the
-4Stipulated Protective Order

1

appropriate standards. The Designating Party must designate for protection only those parts

2

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

3

portions of the material, documents, items, or communications for which protection is not

4

warranted are not swept unjustifiably within the ambit of this Order.

5

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

6

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

7

unnecessarily encumber or retard the case development process or to impose unnecessary

8

expenses and burdens on other parties) expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it

10

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

11

MURPHY, CAMPBELL, ALLISTON & QUINN

9

notify all other Parties that it is withdrawing the mistaken designation.

12

5.2

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

13

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

14

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

15

be clearly so designated before the material is disclosed or produced.

16

Designation in conformity with this Order requires:

17

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

18

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

19

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If

20

only a portion or portions of the material on a page qualifies for protection, the Producing

21

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

22

markings in the margins).

23

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

24

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

25

indicated which material it would like copied and produced. During the inspection and before

26

the designation, all of the material made available for inspection shall be deemed

27

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied

28

and produced, the Producing Party must determine which documents, or portions thereof,
-5Stipulated Protective Order

1

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

2

Producing Party must affix the “CONFIDENTIAL” legend to each page that contains

3

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

4

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

5

making appropriate markings in the margins).

6

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

7

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

8

other proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any

10

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

11

MURPHY, CAMPBELL, ALLISTON & QUINN

9

container or containers in which the information or item is stored the legend

12

“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,

13

the Producing Party, to the extent practicable, shall identify the protected portion(s).
5.3

14

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

15

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

16

Party’s right to secure protection under this Order for such material. Upon timely correction

17

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

18

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

19

6.

20

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

21

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

22

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary

23

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

24

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

25

promptly after the original designation is disclosed.

26

6.2

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

27

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

28

basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the
-6Stipulated Protective Order

written notice must recite that the challenge to confidentiality is being made in accordance

2

with this specific paragraph of the Protective Order. The parties shall attempt to resolve

3

each challenge in good faith and must begin the process by conferring directly (in voice to

4

voice dialogue; other forms of communication are not sufficient) within 14 days of the date of

5

service of notice. In conferring, the Challenging Party must explain the basis for its belief

6

that the confidentiality designation was not proper and must give the Designating Party an

7

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

8

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

9

Challenging Party may proceed to the next stage of the challenge process only if it has

10

engaged in this meet and confer process first or establishes that the Designating Party is

11

MURPHY, CAMPBELL, ALLISTON & QUINN

1

unwilling to participate in the meet and confer process in a timely manner.

12

6.3

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

13

intervention, the Designating Party shall file and serve a motion to retain confidentiality

14

within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that

15

the meet and confer process will not resolve their dispute, whichever is earlier. Each such

16

motion must be accompanied by a competent declaration affirming that the movant has

17

complied with the meet and confer requirements imposed in the preceding paragraph.

18

Failure by the Designating Party to make such a motion including the required declaration

19

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

20

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

21

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

22

so. Any motion brought pursuant to this provision must be accompanied by a competent

23

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

24

imposed by the preceding paragraph.

25

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

26

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to

27

harass or impose unnecessary expenses and burdens on other parties) may expose the

28

Challenging Party to sanctions. Unless the Designating Party has waived the confidentiality
-7Stipulated Protective Order

1

designation by failing to file a motion to retain confidentiality as described above, all parties

2

shall continue to afford the material in question the level of protection to which it is entitled

3

under the Producing Party’s designation until the court rules on the challenge.

4

7.

5

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

6

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

7

for prosecuting, defending, or attempting to settle this litigation. Such Protected Material

8

may be disclosed only to the categories of persons and under the conditions described in

9

this Order. When the litigation has been terminated, a Receiving Party must comply with the

10

provisions of section 13 below (FINAL DISPOSITION).

MURPHY, CAMPBELL, ALLISTON & QUINN

11

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

12

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

13

this Order.

14

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

15

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

16

disclose any information or item designated “CONFIDENTIAL” only to:

17

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

18

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

19

disclose the information for this litigation and who have signed the “Acknowledgment and

20

Agreement to Be Bound” that is attached hereto as Exhibit A;

21

(b)

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

22

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

23

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

24

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

25

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

26

Agreement to Be Bound” (Exhibit A);

27

(d) the court and its personnel;

28

(e) court reporters and their staff, professional jury or trial consultants, mock
-8Stipulated Protective Order

1

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

2

litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

3

A);
(f)

4

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

5

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

6

Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the

7

court. Pages of transcribed deposition testimony or exhibits to depositions that reveal

8

Protected Material must be separately bound by the court reporter and may not be disclosed

9

to anyone except as permitted under this Stipulated Protective Order.
(g)

10

MURPHY, CAMPBELL, ALLISTON & QUINN

11

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

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

12

(h) the Receiving Party.

13

(i) witnesses or persons involved in this action to whom disclosure is reasonably

14

necessary for this litigation and who have signed the “Acknowledgment and Agreement to

15

Be Bound” (Exhibit A).

16

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

17

LITIGATION

18

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

19

compels

20

“CONFIDENTIAL,” that Party must:

21
22

disclosure

of

any

information

or

items

designated

in

this

action

as

(a) promptly notify in writing the Designating Party. Such notification shall include
a copy of the subpoena or court order;

23

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

24

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

25

subject to this Protective Order. Such notification shall include a copy of this Stipulated

26

Protective Order; and

27
28

(c) cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.
-9Stipulated Protective Order

1

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

2

subpoena or court order shall not produce any information designated in this action as

3

“CONFIDENTIAL” before a determination by the court from which the subpoena or order

4

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

5

Party shall bear the burden and expense of seeking protection in that court of its confidential

6

material – and nothing in these provisions should be construed as authorizing or

7

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

8

9.

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

9

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

11

MURPHY, CAMPBELL, ALLISTON & QUINN

10

in this action and designated as “CONFIDENTIAL.” Such information produced by Non-

12

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

13

this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from

14

seeking additional protections.

15

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

16

Non-Party’s confidential information in its possession, and the Party is subject to an

17

agreement with the Non-Party not to produce the Non-Party’s confidential information, then

18

the Party shall:

19

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

20

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

21

Party;

22

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

23

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

24

description of the information requested; and

25

(3) make the information requested available for inspection by the Non-Party.

26

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

27

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

28

produce the Non-Party’s confidential information responsive to the discovery request. If the
- 10 Stipulated Protective Order

1

Non-Party timely seeks a protective order, the Receiving Party shall not produce any

2

information in its possession or control that is subject to the confidentiality agreement with

3

the Non-Party before a determination by the court1. Absent a court order to the contrary, the

4

Non-Party shall bear the burden and expense of seeking protection in this court of its

5

Protected Material.

6

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

8

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

9

Protective Order, the Receiving Party must immediately (a) notify in writing the Designating

10

Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized

11

MURPHY, CAMPBELL, ALLISTON & QUINN

7

copies of the Protected Material, (c) inform the person or persons to whom unauthorized

12

disclosures were made of all the terms of this Order, and (d) request such person or

13

persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached

14

hereto as Exhibit A.

15

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

16

MATERIAL

17

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

18

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

19

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

20

provision is not intended to modify whatever procedure may be established in an e-

21

discovery order that provides for production without prior privilege review. Pursuant to

22

Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

23

effect of disclosure of a communication or information covered by the attorney-client

24

privilege or work product protection, the parties may incorporate their agreement in the

25

stipulated protective order submitted to the court.

26

12.

MISCELLANEOUS

27
28

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 confidentiality interested in this court.
- 11 Stipulated Protective Order

12.1

1
2

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

3

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

4

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

5

any information or item on any ground not addressed in this Stipulated Protective Order.

6

Similarly, no Party waives any right to object on any ground to use in evidence of any of the

7

material covered by this Protective Order.
12.3

8

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

10

not file in the public record in this action any Protected Material. A Party that seeks to file

11

MURPHY, CAMPBELL, ALLISTON & QUINN

9

under seal any Protected Material must comply with Local Rule 141. Protected Material may

12

only be filed under seal pursuant to a court order authorizing the sealing of the specific

13

Protected Material at issue. Pursuant to Local Rule 141, a sealing order will issue only upon

14

a request establishing that the Protected Material at issue is privileged, protectable as a

15

trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request

16

to file Protected Material under seal pursuant to Local Rule 141 is denied by the court, then

17

the Receiving Party may file the information in the public record pursuant to Local Rule 141

18

unless otherwise instructed by the court.

19

13.

FINAL DISPOSITION

20

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

21

each Receiving Party must return all Protected Material to the Producing Party or destroy

22

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

23

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

24

the Protected Material. Whether the Protected Material is returned or destroyed, the

25

Receiving Party must submit a written certification to the Producing Party (and, if not the

26

same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

27

category, where appropriate) all the Protected Material that was returned or destroyed and

28

(2) affirms that the Receiving Party has not retained any copies, abstracts, compilations,
- 12 Stipulated Protective Order

1

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

2

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

3

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

4

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

5

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

6

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

7

Protective Order as set forth in Section 4, regarding DURATION.

8
9

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

10

MURPHY, CAMPBELL, ALLISTON & QUINN

11

DATED: April 14, 2015

MURPHY, CAMPBELL, ALLISTON & QUINN

12

By:

13
14
15

/s/ STEPHANIE L. QUINN
STEPHANIE L. QUINN (SBN 216655)
MARIEL COVARRUBIAS (SBN 274784)
Attorneys for Defendant UNION PACIFIC
RAILROAD COMPANY

16

DATED: April 14, 2015

HILDEBRAND McLEOD & NELSON INC.

17
18

By:

19
20
21

/s/ RYAN OTIS___________________
ANTHONY PETRU (SBN 91399)
RYAN OTIS (SBN 260032)
Attorneys
for
Plaintiff
BURLEY
TOMPKINS

22
23

PURSUANT TO STIPULATION, IT IS SO ORDERED.

24
25

Dated: April 24, 2015

26
27
28

EXHIBIT A
- 13 Stipulated Protective Order

D.

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

1

I,

2

_____________________________

[print

or

type

full

name],

of

_________________ ________________________[print or type full address], declare

4

under penalty of perjury that I have read in its entirety and understand the Stipulated

5

Protective Order that was issued by the United States District Court for the Eastern District

6

of California in April 2015 in the case of Burley D. Tompkins v. Union Pacific Railroad

7

Company, United States District Court Case No. 2:12-CV-01481-CMK (Eastern District of

8

California). I agree to comply with and to be bound by all the terms of this Stipulated

9

Protective Order and I understand and acknowledge that failure to so comply could expose

10

me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

11

MURPHY, CAMPBELL, ALLISTON & QUINN

3

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

12

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

13

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

15

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

16

action.

17

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

18

____________________________________________________________ [print or type full

19

address and telephone number] as my California agent for service of process in connection

20

with this action or any proceedings related to enforcement of this Stipulated Protective

21

Order.

22

Date: ______________________________________

23

City and State where sworn and signed: _________________________________

24

Printed name: _______________________________

25

Signature: __________________________________

26
27
28

- 14 Stipulated Protective Order