Bergkamp v. WBM LLC

Filing 10

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/9/18. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MICHAEL J. STORTZ (SBN 139386) michael.stortz@dbr.com DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 MARSHALL L. BAKER (SBN 300987) marshall.baker@dbr.com DRINKER BIDDLE & REATH LLP 1800 Century Park East, Suite 1500 Los Angeles, California 90067-1517 Telephone: 310-203-4000 Facsimile: 310-229-1285 Attorneys for Defendant WBM LLC d/b/a WBM INTERNATIONAL JAMES WILLETT (SBN 88837) WILLETT & WILLETT, LLP James@willettlaw.com ALLISON WILLETT (SBN 238430) Allison@willettlaw.com 9701 Wilshire Blvd., Suite 1006 Beverly Hills, CA 90212 Telephone: 310-601-7120 Facsimile: 310-601-7110 PETER J. FARNESE (SBN 251204) pjf@beshadafarneselaw.com BESHADA FARNESE LLP 11601 Wilshire Blvd., Suite 500 Los Angeles, CA 90025 Telephone: 310-356-4668 Facsimile: 310-388-1232 Attorneys for Plaintiff RICHARD BERGKAMP 20 UNITED STATES DISTRICT COURT 21 EASTERN DISTRICT OF CALIFORNIA 22 23 24 25 26 27 RICHARD BERGKAMP, individually and on behalf of all others similarly situated, Plaintiffs, v. WBM LLC d/b/a WBM INTERNATIONAL, and DOES 1-10, Inclusive, Defendants. Case No. 2:17-cv-02533-KJM-CKD STIPULATED PROTECTIVE ORDER 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER CASE NO. 2:17-CV-02533-KJM-CKD 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 information under seal; Local Rule 141 sets forth the procedures that must be followed and the 12 standards that will be applied when a party seeks permission from the court to file material under 13 seal. 14 2. 15 16 17 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 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 19 of Civil Procedure 26(c). 20 21 22 23 24 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 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -2- CASE NO. 2:17-CV-02533-KJM-CKD 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 5 2.7 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 7 House Counsel: attorneys who are employees of a party to this action. House 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 9 action but are retained to represent or advise a party to this action and have appeared in this action 10 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 11 12 2.10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 13 14 Party: any party to this action, including all of its officers, directors, employees, 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation support services 16 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 17 organizing, storing, or retrieving data in any form or medium) and their employees and 18 subcontractors. 19 20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. 24 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 28 However, the protections conferred by this Stipulation and Order do not cover the following D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -3- CASE NO. 2:17-CV-02533-KJM-CKD 1 information: (a) any information that is in the public domain at the time of disclosure to a 2 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 3 a result of publication not involving a violation of this Order, including becoming part of the 4 public record through trial or otherwise; and (b) any information known to the Receiving Party 5 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 6 obtained the information lawfully and under no obligation of confidentiality to the Designating 7 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations imposed by 10 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 11 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 12 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 13 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 14 including the time limits for filing any motions or applications for extension of time pursuant to 15 applicable law. 16 5. 17 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. 20 The Designating Party must designate for protection only those parts of material, documents, 21 items, or oral or written communications that qualify – so that other portions of the material, 22 documents, items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 25 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 26 unnecessarily encumber or retard the case development process or to impose unnecessary 27 expenses and burdens on other parties) expose the Designating Party to sanctions. 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO If it comes to a Designating Party’s attention that information or items that it designated STIPULATED PROTECTIVE ORDER -4- CASE NO. 2:17-CV-02533-KJM-CKD 1 for protection do not qualify for protection, that Designating Party must promptly notify all other 2 Parties that it is withdrawing the mistaken designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 4 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 5 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 6 designated before the material is disclosed or produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic documents, 9 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 10 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only 11 a portion or portions of the material on a page qualifies for protection, the Producing Party also 12 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 13 margins). A Party or Non-Party that makes original documents or materials available for 14 inspection need not designate them for protection until after the inspecting Party has indicated 15 which material it would like copied and produced. During the inspection and before the 16 designation, all of the material made available for inspection shall be deemed 17 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 18 produced, the Producing Party must determine which documents, or portions thereof, qualify for 19 protection under this Order. Then, before producing the specified documents, the Producing 20 Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If 21 only a portion or portions of the material on a page qualifies for protection, the Producing Party 22 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 23 margins). 24 (b) for testimony given in deposition or in other pretrial or trial proceedings, 25 that the Designating Party identify on the record, before the close of the deposition, hearing, or 26 other proceeding, all protected testimony. 27 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the STIPULATED PROTECTIVE ORDER -5- CASE NO. 2:17-CV-02533-KJM-CKD 1 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” 2 If only a portion or portions of the information or item warrant protection, the Producing Party, to 3 the extent practicable, shall identify the protected portion(s). 4 5.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is 8 treated in accordance with the provisions of this Order. 9 6. 10 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 11 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 12 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 13 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 14 challenge a confidentiality designation by electing not to mount a challenge promptly after the 15 original designation is disclosed. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 17 process by providing written notice of each designation it is challenging and describing the basis 18 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 19 notice must recite that the challenge to confidentiality is being made in accordance with this 20 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 21 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 22 forms of communication are not sufficient) within 14 days of the date of service of notice. In 23 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 24 designation was not proper and must give the Designating Party an opportunity to review the 25 designated material, to reconsider the circumstances, and, if no change in designation is offered, 26 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 27 stage of the challenge process only if it has engaged in this meet and confer process first or 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -6- CASE NO. 2:17-CV-02533-KJM-CKD 1 establishes that the Designating Party is unwilling to participate in the meet and confer process in 2 a timely manner. 3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 4 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 5 Local Rule 230 (and in compliance with Local Rule 141, if applicable) within 21 days of the 6 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 7 process will not resolve their dispute, whichever is earlier. Each such motion must be 8 accompanied by a competent declaration affirming that the movant has complied with the meet 9 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 10 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 11 shall automatically waive the confidentiality designation for each challenged designation. In 12 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 13 time if there is good cause for doing so, including a challenge to the designation of a deposition 14 transcript or any portions thereof. Any motion brought pursuant to this provision must be 15 accompanied by a competent declaration affirming that the movant has complied with the meet 16 and confer requirements imposed by the preceding paragraph. 17 The burden of persuasion in any such challenge proceeding shall be on the Designating 18 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 19 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 20 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 21 file a motion to retain confidentiality as described above, all parties shall continue to afford the 22 material in question the level of protection to which it is entitled under the Producing Party’s 23 designation until the court rules on the challenge. 24 7. 25 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 26 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 27 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 28 to the categories of persons and under the conditions described in this Order. When the litigation D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -7- CASE NO. 2:17-CV-02533-KJM-CKD 1 has been terminated, a Receiving Party must comply with the provisions of section 13 below 2 (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and 4 in a secure manner that ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 6 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 7 disclose any information or item designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 9 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 10 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 11 Bound” that is attached hereto as Exhibit A; 12 (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (c) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment 17 and Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff, professional jury or trial consultants, mock 20 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation 21 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (f) during their depositions, witnesses in the action to whom disclosure is 23 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 24 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 25 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 26 separately bound by the court reporter and may not be disclosed to anyone except as permitted 27 under this Stipulated Protective Order. 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -8- CASE NO. 2:17-CV-02533-KJM-CKD 1 (g) the author or recipient of a document containing the information or a 2 custodian or other person who otherwise possessed or knew the information. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 4 LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 7 must: 8 9 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the subpoena or order is 12 subject to this Protective Order. Such notification shall include a copy of this Stipulated 13 Protective Order; and 14 15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with the 17 subpoena or court order shall not produce any information designated in this action as 18 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 19 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 20 shall bear the burden and expense of seeking protection in that court of its confidential material – 21 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 22 Party in this action to disobey a lawful directive from another court. 23 9. 24 25 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non- 26 Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 27 Parties in connection with this litigation is protected by the remedies and relief provided by this 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER -9- CASE NO. 2:17-CV-02533-KJM-CKD 1 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 2 additional protections. 3 (b) In the event that a Party is required, by a valid discovery request, to 4 produce a Non-Party’s confidential information in its possession, and the Party is subject to an 5 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 6 Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party 8 that some or all of the information requested is subject to a confidentiality agreement with a Non- 9 Party; 10 (2) promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 12 description of the information requested; and 13 14 (3) make the information requested available for inspection by the Non-Party. 15 (c) If the Non-Party fails to object or seek a protective order from this court 16 within 14 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Non-Party’s confidential information responsive to the discovery request. If the 18 Non-Party timely seeks a protective order, the Receiving Party shall not produce any information 19 in its possession or control that is subject to the confidentiality agreement with the Non-Party 20 before a determination by the court. Absent a court order to the contrary, the Non-Party shall 21 bear the burden and expense of seeking protection in this court of its Protected Material. 22 10. 23 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 24 Material to any person or in any circumstance not authorized under this Stipulated Protective 25 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 26 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 27 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 28 made of all the terms of this Order, and (d) request such person or persons to execute the D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER - 10 - CASE NO. 2:17-CV-02533-KJM-CKD 1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 3 MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain inadvertently 5 produced material is subject to a claim of privilege or other protection, the obligations of the 6 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 7 provision is not intended to modify whatever procedure may be established in an e-discovery 8 order that provides for production without prior privilege review. Pursuant to Federal Rule of 9 Evidence 502(d), the production of a privileged or work-product-protected document, whether 10 inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or 11 in any other federal or state proceeding. 12 12. 13 14 15 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 16 Order no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 18 no Party waives any right to object on any ground to use in evidence of any of the material 19 covered by this Protective Order. 20 12.3 Filing Protected Material. Without written permission from the Designating Party 21 or a court order secured after appropriate notice to all interested persons, a Party may not file in 22 the public record in this action any Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 24 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 25 Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the 26 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 27 protection under the law. If a Receiving Party's request to file Protected Material under seal 28 pursuant to Local Rule 141 is denied by the court, then the Receiving Party may file the D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER - 11 - CASE NO. 2:17-CV-02533-KJM-CKD 1 information in the public record pursuant to Local Rule 141 unless otherwise instructed by the 2 court. 3 13. 4 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such 6 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 7 compilations, summaries, and any other format reproducing or capturing any of the Protected 8 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 9 submit a written certification to the Producing Party (and, if not the same person or entity, to the 10 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 11 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 12 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 15 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 16 product, and consultant and expert work product, even if such materials contain Protected 17 Material. Any such archival copies that contain or constitute Protected Material remain subject to 18 this Protective Order as set forth in Section 4 (DURATION). 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER - 12 - CASE NO. 2:17-CV-02533-KJM-CKD 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Dated: January 2, 2018 DRINKER BIDDLE & REATH LLP 3 4 By: /s/ Marshall L. Baker Michael J. Stortz Marshall L. Baker 5 6 Attorneys for Defendant WBM LLC d/b/a WBM INTERNATIONAL 7 8 9 Dated: January 2, 2018 BESHADA FARNESE LLP 10 By: /s/ Peter J. Farnese (as authorized on 1/2/18) Peter J. Farnese 11 12 Attorneys for Plaintiff RICHARD BERGKAMP 13 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: January 9, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER - 13 - CASE NO. 2:17-CV-02533-KJM-CKD 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Eastern District of California on _______ [print or type date] in the case of Richard Bergkamp 7 v. WBM LLC d/b/a International, No. 2:17-CV-02533-KJM-CKD. I agree to comply with and to 8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 9 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to 11 this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 15 if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 D RINKER B IDDLE & R EATH LLP ATTO RNEY S AT LAW SAN FRA NCI S CO STIPULATED PROTECTIVE ORDER - 14 - CASE NO. 2:17-CV-02533-KJM-CKD

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