Medrano et al v. Party City Corporation, a Delaware Corporation

Filing 26

STIPULATION and PROTECTIVEORDER signed by Magistrate Judge Edmund F. Brennan on 7/5/17. (Kaminski, H)

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1 DAVID F. FAUSTMAN, SBN 81862 TYREEN G. TORNER, SBN 249980 2 FOX ROTHSCHILD LLP 345 California Street, Suite 2200 3 San Francisco, CA 94104 Telephone: (415) 364-5546 4 Facsimile: (415) 391-4436 Email: 5 6 ANDREW W. RUSSELL, SBN 280669 FOX ROTHSCHILD LLP 7 1800 Century Park East, Suite 300 Los Angeles, CA 90067 8 Telephone: (310) 598-4150 Facsimile: (310) 556-9828 9 Email: 10 Attorneys for Defendant PARTY CITY CORPORATION 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 ANTHONY MEDRANO and NICOLA GALASSI, individually and on behalf of all similarly situated individuals, Case No.: 2:16-cv-02996-WBS-EFB The Honorable William B. Shubb, Senior United States District Judge Plaintiffs, v. STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER PARTY CITY CORPORATION, a Delaware Corporation, and DOES 1 through 10, inclusive, Trial Date: Defendants. April 10, 2018 21 22 23 24 25 26 27 28 1 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB IT IS HEREBY STIPULATED AND AGREED by and between Defendant Party City 1 2 Corporation, (“Defendant”) and Plaintiffs Anthony Medrano and Nicola Galassi (“Plaintiffs”) 3 (collectively, the “Parties”), through their respective attorneys of record undersigned below, that in 4 order to facilitate the prompt and thorough exchange of documents between the parties, and with 5 regard to documents produced and/or exchanged by Defendants or Plaintiffs in the course of this 6 action which contain private, confidential, proprietary, commercial, and/or trade-secret information 7 of Defendants or Plaintiffs, the following procedures shall govern: 8 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 9 10 confidential, proprietary, or private information for which special protection from public disclosure 11 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 12 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 13 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures 14 or responses to discovery and that the protection it affords from public disclosure and use extends 15 only to the limited information or items that are entitled to confidential treatment under the 16 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 17 this Stipulated Protective Order does not entitle them to file confidential information under seal; 18 Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be 19 applied when a party seeks permission from the court to file material under seal. 20 2. 2.1 21 22 DEFINITIONS Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 23 “CONFIDENTIAL” Information or Items: information (regardless of how it is 24 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 25 Civil Procedure 26(c), and/or that contain: (i) trade secret information as defined by Cal. Civ. Code 26 §3426.11; (ii) confidential proprietary, financial, or medical information pertaining to a Party; (iii) 27 1 28 Cal. Civ. Code §3426.1(d) provides that “Trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the 2 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 internal company operations documents not readily available to the public; (iv) information which, if 2 disclosed, could constitute a violation of any third party’s right of privacy or otherwise violates an 3 obligation of confidentiality owed to a third party, such as personnel records and medical records, 4 and other records containing employee social security numbers, dates of birth, home addresses, 5 telephone numbers, and e-mail addresses; and/or (v) information or material that may not be 6 disclosed pursuant to any federal or state law or regulation,. 7 8 9 10 11 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 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 medium 12 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 13 transcripts, and tangible things), that are produced or generated in disclosures or responses to 14 discovery in this matter. 15 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 16 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 17 consultant in this action. 18 19 20 21 22 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 this action 23 but are retained to represent or advise a party to this action and have appeared in this action on 24 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 25 26 27 28 public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” 3 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 2.10 1 2 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 3 4 Party: any party to this action, including all of its officers, directors, employees, Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 5 Professional Vendors: persons or entities that provide litigation support services 6 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 7 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 8 9 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 10 Receiving Party: a Party that receives Disclosure or Discovery Material from a 11 Producing Party. 12 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 13 14 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 15 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 16 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 17 However, the protections conferred by this Stipulation and Order do not cover the following 18 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 19 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 20 publication not involving a violation of this Order, including becoming part of the public record 21 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 22 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 23 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 24 Protected Material at trial shall be governed by a separate agreement or order. 25 4. 26 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this 27 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 28 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 4 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 2 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 3 time limits for filing any motions or applications for extension of time pursuant to applicable law. 4 5. 5 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 6 Non-Party that designates information or items for protection under this Order must take care to 7 limit any such designation to specific material that qualifies under the appropriate standards. The 8 Designating Party must designate for protection only those parts of material, documents, items, or 9 oral or written communications that qualify – so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept unjustifiably within 11 the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 13 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 14 encumber or retard the case development process or to impose unnecessary expenses and burdens on 15 other parties) expose the Designating Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that it designated for 17 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 18 that it is withdrawing the mistaken designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 20 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 21 Disclosure of Discovery Material that qualifies for protection under this Order must be clearly so 22 designated before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 25 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 26 legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or 27 portions of the material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 5 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ A Party or Non-Party that makes original documents or materials available for inspection 1 2 need not designate them for protection until after the inspecting Party has indicated which material it 3 would like copied and produced. During the inspection and before the designation, all of the material 4 made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 5 identified the documents it wants copied and produced, the Producing Party must determine which 6 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 7 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 8 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 9 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 10 appropriate markings in the margins). 11 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 12 Designating Party identify on the record, before the close of the deposition, hearing, or other 13 proceeding, all protected testimony. 14 (c) for information produced in some form other than documentary and for any other 15 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 16 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 17 portion or portions of the information or item warrant protection, the Producing Party, to the extent 18 practicable, shall identify the protected portion(s). 5.3 19 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 20 designate qualified information or items does not, standing alone, waive the Designating Party’s 21 right to secure protection under this Order for such material. Disclosure of such documents, 22 information, responses or testimony to persons not authorized to receive “CONFIDENTIAL” 23 Information, as described below in section 7.2, prior to the designation, shall not be deemed a 24 violation of this Order. However, upon timely correction of a designation, the Receiving Party must 25 make reasonable efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 28 6 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 3 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 4 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 5 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 6 confidentiality designation by electing not to mount a challenge promptly after the original 7 designation is disclosed. 8 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 9 by providing written notice of each designation it is challenging and describing the basis for each 10 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 11 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 12 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 13 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 14 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 15 Party must explain the basis for its belief that the confidentiality designation was not proper and 16 must give the Designating Party an opportunity to review the designated material, to reconsider the 17 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 18 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 19 has engaged in this meet and confer process first or establishes that the Designating Party is 20 unwilling to participate in the meet and confer process in a timely manner. 21 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 22 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 21 23 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and 24 confer process will not resolve their dispute, whichever is earlier. Each such motion must be 25 accompanied by a competent declaration affirming that the movant has complied with the meet and 26 confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make 27 such a motion including the required declaration within 21 days (or 14 days, if applicable) shall 28 automatically waive the confidentiality designation for each challenged designation. In addition, the 7 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 2 good cause for doing so, including a challenge to the designation of a deposition transcript or any 3 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 4 competent declaration affirming that the movant has complied with the meet and confer 5 requirements imposed by the preceding paragraph. 6 The burden of persuasion in any such challenge proceeding shall be on the Designating 7 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 8 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 9 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 10 retain confidentiality as described above, all parties shall continue to afford the material in question 11 the level of protection to which it is entitled under the Producing Party’s designation until the court 12 rules on the challenge. 13 7. 14 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 15 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 16 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 17 the categories of persons and under the conditions described in this Order. When the litigation has 18 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 19 DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure 21 manner that ensures that access is limited to the persons authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 23 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 24 information or item designated “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 26 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 27 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 28 Bound” that is attached hereto as Exhibit A; 8 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ (b) the officers, directors, and employees (including House Counsel) of the 1 2 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 3 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 4 5 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 6 to Be Bound” (Exhibit A); 7 (d) the court and its personnel; 8 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 9 10 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably 11 12 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 13 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 15 bound by the court reporter and may not be disclosed to anyone except as permitted under this 16 Stipulated Protective Order. (g) the author or recipient of a document containing the information or a custodian or 17 18 other person who otherwise possessed or knew the information. 19 8. 20 LITIGATION PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 21 If a Party is served with a subpoena or a court order issued in other litigation that compels 22 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 23 must: 24 25 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 27 other litigation that some or all of the material covered by the subpoena or order is subject to this 28 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 9 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ (c) cooperate with respect to all reasonable procedures sought to be pursued by the 1 2 Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena 3 4 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 5 before a determination by the court from which the subpoena or order issued, unless the Party has 6 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 7 expense of seeking protection in that court of its confidential material – and nothing in these 8 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 9 disobey a lawful directive from another court. 10 9. 11 LITIGATION 12 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS (a) The terms of this Order are applicable to information produced by a Non-Party in this 13 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 14 connection with this litigation is protected by the remedies and relief provided by this Order. 15 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 16 protections. 17 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 18 Party’s confidential information in its possession, and the Party is subject to an agreement with the 19 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 20 21 22 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 23 this litigation, the relevant discovery request(s), and a reasonably specific description of the 24 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 14 days 27 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 28 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 10 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 protective order, the Receiving Party shall not produce any information in its possession or control 2 that is subject to the confidentiality agreement with the Non-Party before a determination by the 3 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 4 seeking protection in this court of its Protected Material. 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 7 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 8 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 9 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 10 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 11 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 12 Be Bound” that is attached hereto as Exhibit A. 13 11. 14 MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 15 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 16 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 17 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 18 modify whatever procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 20 parties reach an agreement on the effect of disclosure of a communication or information covered by 21 the attorney-client privilege or work product protection, the parties may incorporate their agreement 22 in the stipulated protective order submitted to the court. 23 12. 24 25 26 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 27 no Party waives any right it otherwise would have to object to disclosing or producing any 28 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 11 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 Party waives any right to object on any ground to use in evidence of any of the material covered by 2 this Protective Order. 12.3 3 Filing Protected Material. Without written permission from the Designating Party or a 4 court order secured after appropriate notice to all interested persons, a Party may not file in the 5 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 6 Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 7 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 8 to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 9 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 10 the law. 11 13. 12 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 13 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 14 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 16 the Protected Material is returned or destroyed, the Receiving Party must submit a written 17 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 18 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 19 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 20 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 21 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. Any such archival copies 25 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 26 Section 4 (DURATION). 27 28 12 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 DATED: July 5, 2017 Respectfully submitted, FOX ROTHSCHILD LLP 4 5 By: /s/ Andrew W. Russell DAVID F. FAUSTMAN TYREEN G. TORNER ANDREW W. RUSSELL Attorneys for Defendant 6 7 8 9 DATED: July 5, 2017 Respectfully submitted, GAINES & GAINES 10 By: /s/ Miriam L. Schimmel (per confirming email 6/26/17) DANIEL F. GAINES ALEX P. KATOFSKY MIRIAM L. SCHIMMEL Attorneys for Plaintiffs 11 12 13 14 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. 17 DATED: July 5, 2017. 18 19 20 21 22 23 24 25 26 27 28 13 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__ EXHIBIT A 1 2 I, _______________________ [print or type full name], of __________________ [print or 3 type full address], declare under penalty of perjury that I have read in its entirety and understand the 4 Stipulated Protective Order that was issued in United States District Court in the case of Anthony 5 Medrano, et al. v. Party City Corporation, Case No. 2:16-cv-02996-WBS-EFB. I agree to comply 6 with and be bound by all the terms of this Stipulated Protective Order and I understand and 7 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of 8 contempt. I solemnly promise that I will not disclose in any manner any information or item that is 9 subject to this Stipulated Protective Order to any person or entity except in strict compliance with the 10 provisions of this Order. 11 I further agree to submit to the jurisdiction of the United States District Court FOR THE 12 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 13 Order, even if such enforcement proceedings occur after termination of this action. 14 I hereby appoint _______________________ [print or type full name] of 15 __________________ as my California agent for service of process in connection with this action or 16 any proceedings related to enforcement of this Stipulated Protective Order. 17 18 Date:_____________________ 19 City and State where sworn and signed: _____________________ 20 21 Printed Name: ________________________ 22 Signature: ________________________ 23 24 25 26 27 28 14 STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER Case No. 2:16-cv-02996-WBS-EFB__

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