Doe I, et al. v. Pure Forest, LLC, et al.

Filing 29

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 2/5/15. (Manzer, C)

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SEAN P. GATES (CA SBN 186247)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
Attorney for Plaintiffs JOHN DOE I, JOHN DOE II, JOHN
DOE III, JOHN DOE IV, AND JOHN DOE V

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[ADDITIONAL COUNSEL ON SIGNATURE PAGE]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN DOE I, JOHN DOE II, JOHN DOE III,
JOHN DOE IV, AND JOHN DOE V,

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Plaintiffs,
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v.
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PURE FOREST, LLC, JEFF WADSWORTH,
OWEN WADSWORTH,

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Defendants.

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PURE FOREST, LLC; JEFF WADSWORTH;
and OWEN WADSWORTH,
Third-Party Complainants,

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v.
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JOSE LUIS OSORIO, an individual;
GUADALUPE AMADOR, an individual;
FUTURE REFORESTATION, LLC, a limited
liability company; and ROES 1 through 10,
inclusive,
Third-Party Defendants.

Case No. 2:14-cv-00879-KJM-CMK
STIPULATION AND]
PROTECTIVE ORDER

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Based on fear of physical harm to themselves and their family members, Plaintiffs John

PURPOSE AND LIMITATIONS

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Doe I, John Doe II, John Doe III, John Doe IV, and John Doe V (collectively, “Plaintiffs”) moved

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to proceed in this action under pseudonyms. By order dated June 17, 2014, the Court granted

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Plaintiffs’ motion, ordering that “Plaintiffs need not reveal their identities in any public filing

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herein or to defendants.” (Order (6/17/14), Doc. No. 13.)

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The disclosure of information, the production of documents and other materials, and the

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taking of depositions during discovery in this matter will include information that indirectly or

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directly discloses Plaintiffs’ identities, which are (pursuant to the Courts’ order) entitled to special

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protection from disclosure to the public or to defendants. In addition, discover in this matter may

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include confidential or private information entitled to special protection from public disclosure.

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To facilitate discovery, Plaintiffs, Defendants and Third-Party Complainants Pure Forest, LLC,

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Jeff Wadsworth, and Owen Wadsworth (collectively “Defendants”), and Third-Party Defendants

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Jose Luis Osorio, Guadalupe Amador, and Future Reforestation, LLC (collectively “Third-Party

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Defendants”), hereby stipulate to and petition the Court to enter the following Stipulated

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Protective Order (the “Protective Order”).

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2.

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DEFINITIONS
2.1

Party: any party to this action and its affiliated companies, including all officers,

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directors, employees, consultants, retained experts, and outside counsel (and their

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support staff) thereof.

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2.2

Disclosure or Discovery Material: all documents, items, or other information,

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regardless of the medium or manner in or through which such materials or

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information were or are generated, stored, or maintained (including, among other

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

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disclosures or responses to discovery in this matter.

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2.3

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

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generated, stored or maintained), testimony or tangible things obtained during

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discovery in this action that reveal a trade secret, or other confidential research,
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development, or financial information that is commercially sensitive, or that

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otherwise is entitled to protective treatment under Fed. R. Civ. P. 26(c), and

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personal information that is protected from disclosure by statute, regulation, or

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otherwise is entitled to protection from public disclosure.

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2.4

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

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items: information (regardless of how generated, stored or maintained), testimony

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or tangible things obtained dring discovery in this action that would reveal,

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directly or indirectly, any of Plaintiffs’ identities or “CONFIDENTIAL”

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Information or Items the disclosure of which to another Party or non-party would

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create a substantial risk of causing the Producing Party to suffer a significant

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competitive or commercial disadvantage.

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2.5

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Producing Party in this action.
2.6

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

Producing Party: a Party or non-party that produces Disclosure or Discovery
Material in this action.

2.7

Designating Party: a Party or non-party that designates Disclosure or Discovery

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Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.”

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2.8

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

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ONLY.”

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2.9

Outside Counsel: attorneys, paralegals and other support personnel who are not

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employees of a Party, but who are retained to represent or advise a Party in this

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action and are counsel of record in this action.

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2.10

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

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the litigation, including his or her employees and support personnel, who has been

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retained by a Party or its Counsel to serve as an expert witness or as a consultant in

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this action. This definition includes without limitation professional jury or trial
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consultants retained in connection with this litigation.

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2.11

Professional Vendors: persons or entities that provide litigation support services

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

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

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and subcontractors.

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3.

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SCOPE
The protections conferred by this Protective Order cover not only Protected Material (as

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defined above), but also any information copied or extracted therefrom, as well as all copies,

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excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by

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Parties or Counsel to or in court or in other settings that might disclose Protected Material to

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persons not authorized to receive such material.

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4.

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DURATION
Even after the termination of this litigation, the confidentiality obligations imposed by this

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

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court order otherwise directs.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Designating Disclosure or Discovery Material for Protection. Any Producing

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Party may designate as “CONFIDENTIAL” any Disclosure or Discovery Material

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that it produces and considers in good faith to be entitled to protection because it

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reveals a trade secret or other confidential research, development, or financial

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information that is commercially sensitive, or that otherwise is entitled to

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protective treatment under Fed. R. Civ. P. 26(c), or personal information that is

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protected from disclosure by statute, regulation, or otherwise is entitled to

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protection from public disclosure. Any Producing Party may designate as

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” any Disclosure or

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Discovery Material that it produces and considers in good faith to be entitled to

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protection because it may reveal, directly or indirectly, any of Plaintiffs’ identities.

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If it comes to a Designating Party’s attention that any Disclosure or
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Discovery Material that it designated for protection does not qualify for protection

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at all, or do not qualify for the level of protection initially asserted, that Party or

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non-party must promptly notify all other Parties that it is withdrawing the mistaken

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designation.

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5.2

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

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

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otherwise stipulated or ordered, Disclosure or Discovery Material must be

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designated for protection under this Protective Order by clearly designating the

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material before it is disclosed or produced.

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Designation pursuant to this Protective Order shall be accomplished as follows:
a.

For information in documentary form (apart from transcripts of depositions

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or other pretrial or trial proceedings), the Producing Party shall affix the

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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” on each page that contains Protected

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Material. Use of the legend “HIGHLY CONFIDENTIAL” shall be

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construed as and shall have the same meaning and effect as use of the

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legend “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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A Party or non-party that makes original documents or materials

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available for inspection need not designate them for protection until after

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the inspecting Party has indicated which material it would like copied and

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produced. During the inspection and before the designation, all of the

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material made available for inspection shall be deemed “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting

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Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof,

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qualify for protection under this Protective Order, and, before producing

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the specified documents, the Producing Party must affix the appropriate

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legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY”) on each page that contains Protected

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Material.

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b.

For testimony given in deposition or in other pretrial or trial proceedings,

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any Party or non-party offering or sponsoring the testimony may designate

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the testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” by making a statement to that effect on the

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record during the deposition or other pretrial or trial proceeding.

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Alternatively, within thirty (30) days of receipt of a transcript or recording

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of a deposition or other pretrial or trial proceeding, any Party or the

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offering or sponsoring non-party may designate such transcript or

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recording or any portion thereof as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by notifying all

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Parties, in writing, of the specific pages and lines of the transcript or

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recording that should be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” All transcripts or

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recordings of depositions shall be treated as “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY” for thirty (30) days after receipt of the

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transcript or recording, or until either written notice of a designation or

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written notice that no designation will be made is received from all Parties,

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whichever occurs first.

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Transcript pages containing Protected Material must be separately

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bound by the court reporter, who must affix to the top of each such page

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the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY,” as instructed by the Party or non-party

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offering or sponsoring the witness or presenting the testimony.

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c.

For information produced in some form other than documentary, and for

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any other tangible items, the Producing Party shall affix in a prominent

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place on the exterior of the container or containers in which the
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information or items are stored the legend “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only

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portions of the information or item warrant protection, the Producing Party,

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to the extent practicable, shall identify the protected portions, specifying

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whether they qualify as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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5.3

Inadvertent Failures to Designate. Inadvertent failure to designate Disclosure or

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Discovery Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” at the time of production shall not be deemed a

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waiver of the Producing Party's right to so designate the Disclosure or Discovery

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Material and may be remedied by supplemental written notice to the Receiving

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Party. If such notice is given, all Disclosure and Discovery Material so designated

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shall thereafter be fully subject to this Protective Order as if it had been initially

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designated as Protected Material. After any designation is made in accordance

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with this paragraph, Counsel for the Producing Party shall be responsible for

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providing replacement copies of all previously unmarked copies of the Protected

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Material. If Disclosure and Discovery Material is designated as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” after it was initially produced, the Receiving Party, on timely notification

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of the designation, must make reasonable efforts to assure that the designated

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material is thereafter treated in accordance with the provisions of this Protective

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Order. If Disclosure and Discovery Material subject to this paragraph is disclosed

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prior to being designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”, such disclosure shall be subject to the provisions

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of Paragraph 9.

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5.4

Upward Designation of Information or Items Produced by Other Parties or Non-

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Parties. Subject to the standards of paragraph 5.1, a Party may upward designate

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(i.e., change any Disclosure or Discovery Material produced without a designation
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to a designation of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” or designate any Disclosure or Discovery Material

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produced as “CONFIDENTIAL” to a designation of “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”) any Disclosure or Discovery Material produced

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by any other Party or non-party, provided that said Disclosure or Discovery

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Material contains the upward designating Party’s own trade secrets or other

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confidential research, development, financial, personal, or commercially sensitive

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information, or otherwise is entitled to protective treatment under Fed. R. Civ. P.

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26(c) or information that may reveal, directly or indirectly, any of Plaintiffs’

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identities.

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Upward designation shall be accomplished by providing written notice to

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all Parties identifying (by document production number or other individually

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identifiable information) the Disclosure or Discovery Material to be re-designated

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within thirty (30) days after receipt of the production from the Producing Party.

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Notwithstanding any other provision of this Protective Order, all Disclosure or

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Discovery Material produced by a non-Party to this action shall be treated as

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” for thirty (30) days

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after receipt of the production, or until either written notice of a designation or

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written notice that no designation will be made is received from all Parties,

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whichever occurs first. Failure to upward designate within thirty (30) days of

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production, alone, will not prevent a Party from obtaining the agreement of all

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Parties to upward designate certain Disclosure or Discovery Material or from

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moving the Court for such relief. Any Party may object to the upward designation

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of Disclosure or Discovery Material pursuant to the procedures set forth in

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paragraph 6 regarding challenging designations.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Unless a prompt challenge to a Designating Party’s
confidentiality designation is necessary to avoid foreseeable substantial unfairness,
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unnecessary economic burden, or a later significant disruption or delay of the

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litigation, a Party does not waive its right to challenge a confidentiality designation

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by electing not to mount a challenge promptly after the original designation is

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made.

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6.2

Meet and Confer. A Party that elects to initiate a challenge to a Designating

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Party's confidentiality designation must do so in good faith and must begin the

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process by conferring directly with Counsel for the Designating Party. In

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conferring, the Designating Party must explain the basis for its confidentiality

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designation. A challenging Party may proceed to the next stage of the challenge

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process only if it has engaged in this meet and confer process first.
6.3

Confidential Information of Third Parties. In instances where a Party produces

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information received from a third party that is claimed by that third party to be

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confidential and such information is designated by the producing Party as

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, and a receiving

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Party seeks to challenge the confidentiality designation thereof, such Party shall

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provide the third party with written notice of the challenge to enable the third party

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a reasonable opportunity to oppose the challenge.

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6.4

Judicial Intervention. A Party that elects to press a challenge to a confidentiality

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designation after considering the justification offered by the Designating Party

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may file and serve a motion with the court that identifies the challenged Disclosure

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or Discovery Material and sets forth in detail the basis for the challenge. Each

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such motion must be accompanied by a competent declaration that affirms that the

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movant has complied with the meet and confer requirements imposed in the

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preceding paragraph. It shall be the Designating Party’s burden to show that its

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designation is warranted.

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Until the Court rules on the challenge, all parties shall continue to afford

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the Disclosure or Discovery Material in question the level of protection to which it

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is entitled under the Producing Party's designation.
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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Disclosure or Discovery Material

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that is disclosed or produced by another Party or by a non-party only for

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prosecuting, defending, or attempting to settle this litigation, and for no other

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purpose. Protected Material may be disclosed only to the categories of persons

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and under the conditions described in this Protective Order. When the litigation

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has been terminated, a Receiving Party must comply with the provisions of section

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13 below (FINAL DISPOSITION).

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

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

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authorized under this Protective Order. The restrictions on Disclosure or

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Discovery Material shall not apply to information that, at or prior to production or

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disclosure thereof in this action, is or was public knowledge as a result of

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publication by one having the unrestricted right to do so, or which is otherwise in

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the public domain. Nothing in this Protective Order shall in any way restrict the

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use or dissemination by a Party or non-party of its own Protected Material.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the Court or permitted in writing by the Party or non-party whose

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confidentiality interest is being protected by the designation of Disclosure or

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Discovery Material as Protected Material, a Receiving Party may disclose any

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information or item designated as “CONFIDENTIAL” only:

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(a)

to the Receiving Party's Outside Counsel of record in this action, as well as

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attorneys, paralegals, law clerks, and support staff of said Outside Counsel

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to whom it is reasonably necessary to disclose the information for this

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litigation;

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(b)

to Experts or consultants to whom disclosure is reasonably necessary for

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this litigation and who have signed an “Agreement to Be Bound by

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Protective Order” in the form attached hereto as Exhibit A;
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(c)

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to the Court and its personnel in this action, including any relevant
appellate court, in the event that any portion of this action is appealed;

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(d)

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to court reporters, their staffs, and Professional Vendors to whom
disclosure is reasonably necessary for this litigation;

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(e)

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to the author or recipient of the document or the original source of the
information.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the Court or permitted in

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writing by the Party or non-party whose confidentiality interest is being protected

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by the designation of Disclosure or Discovery Material as Protected Material, a

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Receiving Party may disclose any information or items designated “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only:

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(a)

to the Receiving Party's Outside Counsel of record in this action, as well as

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

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disclose the information for this litigation;

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(b)

to Experts or consultants to whom disclosure is reasonably necessary for

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this litigation and who have signed an “Agreement to Be Bound by

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Protective Order” in the form attached hereto as Exhibit A;

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(c)

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appellate court, in the event that any portion of this action is appealed;

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(d)

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(e)

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to court reporters, their staffs, and Professional Vendors to whom
disclosure is reasonably necessary for this litigation; and

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to the Court and its personnel in this action, including any relevant

to the author or recipient of the document or the original source of
information.

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FILING PROTECTED MATERIAL
Without written permission from the Party or non-party whose confidentiality interest is

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being protected by the designation of Disclosure or Discovery Material as Protected Material or a

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Court order secured after appropriate notice to all interested persons, a Party may not file in the
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public record in this action any Protected Material. If a Party wishes to submit any Protected

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Material to the court in this action that has been designated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the Party shall comply with the procedures

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of the United States District Court for the Eastern District of California. Unless directed by the

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Court to do otherwise, the Party shall submit such Protected Material “under seal” by filing such

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Protected Material in a sealed envelope or other appropriate sealed container, which envelope or

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container shall be marked “CONFIDENTIAL MATERIAL FILED UNDER SEAL.”

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9.

USE OF PROTECTED MATERIAL AT DEPOSITIONS

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If “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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material is disclosed at a deposition, only the court reporter and those persons who are authorized

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by the terms of this Order to receive such material may be present.

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10.

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ADDITIONAL PROTECTIONS REGARDING PLAINTIFFS’ IDENTITIES
10.1

Notwithstanding the provisions of section 9, no persons other than Outside

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Counsel of record in this action and the court reporter may attend the depositions

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of Plaintiffs. The cover page of the deposition of any Plaintiff shall identify that

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Plaintiff by pseudonym.

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10.2

Discovery requests, discovery responses, and correspondence shall refer to

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Plaintiffs as John Doe I-V. Within five business days of the entry of this Order,

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Plaintiffs shall provide to Defendants’ and Third-Party Defendants’ Outside

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Counsel of record a key of Plaintiffs’ names and their respective pseudonyms.

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10.3

Defendants’ and Third-Party Defendants’ Outside Counsel of record in this action

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will also take precautions when communicating with their clients not to indirectly

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or inadvertently reveal any of Plaintiffs’ identities.

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11.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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If a Receiving Party is served with a subpoena or an order issued in separate litigation that

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would compel disclosure of any information or items designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the
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Receiving Party must so notify the Designating Party as well as all other Parties, in writing (by

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email or fax, if possible) immediately and in no event more than five (5) court days after

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receiving the subpoena or order. Such notification must include a copy of the subpoena or court

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order.

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The Receiving Party also must immediately inform in writing the party who caused the

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subpoena or order to issue in the other litigation that some or all the material covered by the

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subpoena or order is the subject of the Protective Order. In addition, the Receiving Party must

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deliver a copy of this Protective Order promptly to the party in the other action that caused the

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subpoena or order to issue.

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In addition, unless otherwise required by law, the Receiving Party must not voluntarily

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disclose the Designation Party’s Protected Material until ten (10) court days after it has provided

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notice of the subpoena or court order to the Designating Party to allow the Designating Party time

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to object. If the Designating Party notifies the Receiving Party of its intent to object to the

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production or disclosure of its Protected Material, then the Receiving Party must immediately

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notify in writing the party who caused the subpoena or order to issue in the other litigation of the

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Designating Party’s contemplated objection. Furthermore, the Receiving Party must not

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voluntarily disclose the Designating Party’s Protected Material prior to the resolution of the

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Designating Party’s objection unless otherwise required by law, and the receiving Party must

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make a good faith effort to obtain an extension on the time it is required to produce Protected

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Material until the date the Designating Party’s objection is resolved.

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The purpose of imposing these duties is to alert the interested parties to the existence of

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this Protective Order and to afford the Designating Party in this case an opportunity to protect its

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confidentiality interest in the court from which the subpoena or order is issued. The Designating

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

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material, and nothing in these provisions should be construed as authorizing or encouraging a

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

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12.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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Material to any person or in any circumstance not authorized under this Protective Order, the

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

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

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

5

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

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Protective Order” that is attached hereto as Exhibit A.

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13.

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FINAL DISPOSITION
Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60)

days after the final termination of this action, voluntary dismissal of a Party, or court ordered

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dismissal of a Party, each Receiving Party must return to the Producing Party or destroy all

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Protected Material. As used in this paragraph, “all Protected Material” includes all copies,

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abstracts, compilations, summaries or any other form of reproducing or capturing any of the

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Protected Material. With notice to the Designating Party, the Receiving Party may destroy some

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or all of the Protected Material instead of returning it to the Producing Party. Whether the

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

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

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Party) by the sixty (60) day deadline that identifies (by category, where appropriate) all the

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Protected Material that was returned or destroyed and that affirms that the Receiving Party has

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not retained any copies, abstracts, compilations, summaries or other forms of reproducing or

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capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda,

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correspondence or attorney work product, even if such materials contain Protected Material. Any

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

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Order as set forth in Section 4 (DURATION), above.

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14.

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INADVERTENTLY PRODUCED DOCUMENTS
If a Party at any time notifies any other Party that it inadvertently produced documents,

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testimony, information, and/or things that are protected from disclosure under the attorney-client

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privilege, work product doctrine, and/or any other applicable privilege or immunity, or the
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Receiving Party discovers such inadvertent production, the inadvertent production shall not be

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deemed a waiver of the applicable privilege or protection. The Receiving Party shall return all

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copies of such documents, testimony, information and/or things to the inadvertently producing

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Party within five (5) court days of receipt of such notice or discovery and shall not use such items

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for any purpose until further order of the Court.

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15.

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THIRD PARTIES
Any third party producing documents and/or providing testimony in this litigation may

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take advantage of this Order in protecting its Confidential Information.

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16.

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MISCELLANEOUS
16.1

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

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Party to seek its modification by the Court in the future. In particular, nothing in

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this Protective Order precludes any party from seeking additional or other

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protection for highly sensitive competitive information above and beyond the

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protections available under the Order.

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16.2

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

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

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producing any information or item on any ground not addressed in this Protective

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Order. Similarly, no Party waives any right to object on any ground to

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introduction or use as evidence of any of the Disclosure or Discovery material

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covered by this Protective Order.

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1

EXHIBIT A

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AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

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I, ______________________________ [print or type full name], of

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[print or type

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full address], declare under penalty of perjury that I have read in its entirety and understand the

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

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District of California on _________, 2015 [date] in the case of John Doe I, et al. v. Pure Forest,

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LLC, et al., Case No. 2:14-cv-00879-KJM-CMK. I agree to comply with and to be bound by all

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the terms of this Stipulated Protective Order, and I understand and acknowledge that failure to so

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

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

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

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of this Order.

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

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

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

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Dated:______________________________

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City and State where signed:______________________________

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Printed name:___________________________

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Signature:______________________________

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Dated: Jan. 28, 2015

SEAN P. GATES
MORRISON & FOERSTER LLP

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By: /s/ Sean P. Gates
SEAN P. GATES

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Attorney for Plaintiffs JOHN DOE I, JOHN DOE
II, JOHN DOE III, JOHN DOE IV, AND JOHN
DOE V

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Dated: Jan. 28, 2015

ERICK C. TURNER
TURNER LAW GROUP

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By: /s/ Erick C. Turner (authorized Jan. 26, 2015)
ERICK C. TURNER

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Attorney for Defendants and Third-Party
Complainants PURE FOREST, LLC, JEFF
WADSWORTH, and OWEN WADSWORTH

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Dated: Jan. 28, 2015

MICHAEL J. TREZZA
LAW OFFICE OF MICHAEL J. TREZZA

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By: /s/ Michael J. Trezza (authorized Jan. 28, 2015)
MICHAEL J. TREZZA

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Attorney for Third-Party Defendants JOSE
LUIS OSORIO, GUADALUPE AMADOR, and
FUTURE REFORESTATION, LLC

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GOOD CAUSE APPEARING THEREFOR, IT IS SO ORDERED.

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Dated: February 5, 2015

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la-1274698

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