Vital Distributions, LLC v. Pepperidge Farm, Inc.

Filing 19

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/2022. (Zignago, K.)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 3 4 5 6 VITAL DISTRIBUTIONS, LLC, a California limited liability company, Plaintiff, 7 8 9 vs. PEPPERIDGE FARM, INCORPORATED, a Connecticut corporation, 10 Defendants. 11 12 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:22-cv-00319-MCE-KJN STIPULATED PROTECTIVE ORDER PURPOSE AND GOOD CAUSE FOR PROTECTIVE ORDER 13 Disclosure and discovery activity in this action are likely to involve the production of 14 confidential, proprietary, or private information for which special protection from public disclosure 15 and from use for any purpose other than prosecuting this litigation may be warranted. Pursuant to 16 Local Rule 141.1(c)(1), the types of information eligible for protection in this action includes 17 customer and pricing information, purchase and sale data, and other valuable research, development, 18 commercial, financial, technical and/or other proprietary information. Such confidential and 19 proprietary materials and information consists of, among other things, confidential business or 20 financial information, information regarding confidential business practices, or other confidential, 21 development, or commercial information (including information implicating privacy rights of third 22 parties), information otherwise generally unavailable to the public, or which may be privileged or 23 otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or 24 common law. 25 Pursuant to Local Rule 141.1(c)(2), there is a need to protect this type of evidence. A party’s 26 trade secret, confidential, competitive, or proprietary information could be abused if its use were not 27 limited to this lawsuit. For example, third party competitors could exploit confidential information to 28 /// -1STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 their advantage were it made public. In some cases, disclosure of this type of evidence could breach 2 confidentiality agreements or violate privacy or consumer protection laws. 3 Accordingly, Plaintiff VITAL DISTRIBUTIONS, LLC (“Plaintiff”) and Defendant 4 PEPPERIDGE FARM, INCORPORATED (“Defendant”) (collectively, the “Parties”) seek a 5 Stipulated Protective Order pursuant to Local Rule 141.1(c)(3) as opposed to entering into a private 6 agreement, because the proposed Order provides mechanisms for the resolution of disputes and the 7 handling of designated evidence that involve the Court. Therefore, to expedite the flow of 8 information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, 9 to adequately protect information the Parties are entitled to keep confidential, to ensure that the Parties 10 are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, 11 to address their handling at the end of the litigation, and to serve the ends of justice, there is good 12 cause for a protective order for such information. It is the intent of the Parties that information will 13 not be designated as confidential for tactical reasons and that nothing be so designated without a good 14 faith belief that it has been maintained in a confidential, non-public manner, and there is good cause 15 why it should not be part of the public record of this case. 16 Therefore, the Parties hereby stipulate to and petition the Court to enter the following 17 Stipulated Protective Order (“Protective Order”). The Parties have agreed to be bound by the terms of 18 this Protective Order. 19 STIPULATED PROTECTIVE ORDER 20 21 22 1. PURPOSES AND LIMITATIONS. Disclosure and discovery activity in this action are likely to involve production of confidential, 23 proprietary, or private information for which special protection from public disclosure and from use 24 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 25 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 26 parties acknowledge that this Order does not confer blanket protections on all disclosures or responses 27 to discovery and that the protection it affords from public disclosure and use extends only to the 28 limited information or items that are entitled to confidential treatment under the applicable legal -2STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 2 Protective Order does not entitle them to file confidential information under seal; Local Rule 141 sets 3 forth the procedures that must be followed and the standards that will be applied when a party seeks 4 permission from the court to file material under seal. 5 2. 6 7 8 9 10 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 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). 11 2.3 12 their support staff). 13 2.4 14 15 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as 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 or 16 manner in which it is generated, stored, or maintained (including, among other things, testimony, 17 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery 18 in this matter. 19 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 20 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant 21 in this action. 22 23 24 25 26 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 but 27 are retained to represent or advise a party to this action and have appeared in this action on behalf of that 28 party or are affiliated with a law firm which has appeared on behalf of that party. -3STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 2 2.10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 3 4 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. 5 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., 6 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 7 retrieving data in any form or medium) and their employees and subcontractors. 8 9 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 10 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 11 Producing Party. 12 3. SCOPE. 13 The protections conferred by this Protective Order cover not only Protected Material (as 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 Protective Order do not cover the following information: 18 (a) any information that is in the public domain at the time of disclosure to a Receiving Party or 19 becomes part of the public domain after its disclosure to a Receiving Party as a result of publication 20 not involving a violation of this Order, including becoming part of the public record through trial or 21 otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by 22 the Receiving Party after the disclosure from a source who obtained the information lawfully and 23 under no obligation of confidentiality to the Designating Party. This Protective Order shall not 24 prohibit or limit the use of Protected Material at trial, unless governed by a separate agreement or 25 order. 26 4. 27 28 DURATION. Even after final disposition of this litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court -4STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 2 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 3 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 4 including the time limits for filing any motions or applications for extension of time pursuant to 5 applicable law. 6 5. 7 DESIGNATING PROTECTED MATERIAL. 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 8 Non-Party that designates information or items for protection under this Protective Order must take 9 care to limit any such designation to specific material that qualifies under the appropriate standards. 10 The Designating Party must designate for protection only those parts of material, documents, items, or 11 oral or written communications that qualify – so that other portions of the material, documents, items, 12 or communications for which protection is not warranted are not swept unjustifiably within the ambit 13 of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to 15 be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber 16 or retard the case development process or to impose unnecessary expenses and burdens on other 17 parties) expose the Designating Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items that it designated for 19 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 20 that it is withdrawing the mistaken designation. 21 5.2 Manner and Timing of Designations. Except as otherwise provided in this Protective 22 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 23 Disclosure or Discovery Material that qualifies for protection under this Protective Order must be clearly 24 so designated before the material is disclosed or produced. 25 26 Designation in conformity with this Protective Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but 27 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 28 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or -5STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 portions of the material on a page qualifies for protection, the Producing Party also must clearly 2 identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or 3 Non-Party that makes original documents or materials available for inspection need not designate 4 them for protection until after the inspecting Party has indicated which material it would like copied 5 and produced. During the inspection and before the designation, all of the material made available for 6 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the 7 documents it wants copied and produced, the Producing Party must determine which documents, or 8 portions thereof, qualify for protection under this Protective Order. Then, before producing the 9 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that 10 contains Protected Material. If only a portion or portions of the material on a page qualifies for 11 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 12 appropriate markings in the margins). 13 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 14 the Designating Party identify on the record, before the close of the deposition, hearing, or other 15 proceeding, all protected testimony. 16 (c) for information produced in some form other than documentary and for any 17 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 18 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” If 19 only a portion or portions of the information or item warrant protection, the Producing Party, to the 20 extent practicable, shall identify the protected portion(s). 21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 22 qualified information or items does not, standing alone, waive the Designating Party’s right to secure 23 protection under this Protective Order for such material. Upon timely correction of a designation, the 24 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 25 the provisions of this Protective Order. 26 6. 27 28 CHALLENGING CONFIDENTIALITY DESIGNATIONS. 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality -6STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or 2 a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 3 confidentiality designation by electing not to mount a challenge promptly after the original designation 4 is disclosed. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 6 providing written notice of each designation it is challenging and describing the basis for each challenge. 7 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the 8 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective 9 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by 10 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient). In 11 conferring, the Challenging Party must explain the basis for its belief that the confidentiality designation 12 was not proper and must give the Designating Party an opportunity to review the designated material, to 13 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the 14 chosen designation. A Challenging Party may proceed to the next stage of the challenge process only if it 15 has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to 16 participate in the meet and confer process in a timely manner. 17 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 18 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 21 19 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 20 process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by 21 a competent declaration affirming that the movant has complied with the meet and confer 22 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 23 motion including the required declaration within 21 days (or 14 days, if applicable) shall automatically 24 waive the confidentiality designation for each challenged designation. In addition, the Challenging 25 Party may file a motion challenging a confidentiality designation at any time if there is good cause for 26 doing so, including a challenge to the designation of a deposition transcript or any portions thereof. 27 Any motion brought pursuant to this provision must be accompanied by a competent declaration 28 /// -7STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 affirming that the movant has complied with the meet and confer requirements imposed by the 2 preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 4 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 5 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 6 Designating Party has waived the confidentiality designation by failing to file a motion to retain 7 confidentiality as described above, all parties shall continue to afford the material in question the level 8 of protection to which it is entitled under the Producing Party’s designation until the court rules on the 9 challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 12 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 14 categories of persons and under the conditions described in this Protective Order. When the litigation has 15 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 18 19 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Protective Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the 20 court or permitted in writing by the Designating Party, a Receiving Party may disclose any information 21 or item designated “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 23 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 24 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 25 Bound” that is attached hereto as Exhibit A; 26 (b) the officers, directors, and employees (including House Counsel) of the 27 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 28 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); -8STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 (c) Experts (as defined in this Protective Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and 3 Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 6 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (f) during their depositions, witnesses in the action to whom disclosure is 9 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 10 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of 11 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 12 separately bound by the court reporter and may not be disclosed to anyone except as permitted under 13 this Protective Order. 14 (g) the author or recipient of a document containing the information or a custodian 15 or other person who otherwise possessed or knew the information. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION. 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 20 must: 21 22 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to issue 24 in the other litigation that some or all of the material covered by the subpoena or order is subject to 25 this Protective Order. Such notification shall include a copy of this Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 27 Designating Party whose Protected Material may be affected. 28 /// -9STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 2 court order shall not produce any information designated in this action as “CONFIDENTIAL” before 3 a determination by the court from which the subpoena or order issued, unless the Party has obtained 4 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 5 seeking protection in that court of its confidential material – and nothing in these provisions should be 6 construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 7 from another court. 8 9. 9 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION. 10 (a) The terms of this Protective Order are applicable to information produced by a 11 Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 12 Parties in connection with this litigation is protected by the remedies and relief provided by this 13 Protective Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 14 seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce a 16 Non-Party’s confidential information in its possession, and the Party is subject to an agreement with 17 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 18 19 (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; 20 (2) promptly provide the Non-Party with a copy of the Protective Order in 21 this litigation, the relevant discovery request(s), and a reasonably specific description of the 22 information requested; and 23 24 25 (3) make the information requested available for inspection by the Non- Party. (c) If the Non-Party fails to object or seek a protective order from this court within 26 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 27 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 28 seeks a protective order, the Receiving Party shall not produce any information in its possession or - 10 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 control that is subject to the confidentiality agreement with the Non-Party before a determination by 2 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 3 seeking protection in this court of its Protected Material. 4 10. 5 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 10.1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 Material to any person or in any circumstance not authorized under this Protective Order, the 7 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 8 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 9 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 10 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 11 Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 13 MATERIAL. 14 When a Producing Party gives notice to Receiving Parties that the Producing Party has 15 inadvertently produced material subject to a claim of privilege or other protection, the obligations of 16 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 17 is not intended to modify whatever procedure may be established in an e-discovery order that provides 18 for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), 19 insofar as the parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the parties may 21 incorporate their agreement in the stipulated protective order submitted to the court. 22 12. 23 24 MISCELLANEOUS. 12.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any person to seek its modification by the court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 26 no Party waives any right it otherwise would have to object to disclosing or producing any informa- 27 tion or item on any ground not addressed in this Protective Order. Similarly, no Party waives 28 /// - 11 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 any right to object on any ground to use in evidence of any of the material covered by this Protective 2 Order. 3 12.3 Filing Protected Material. Except as otherwise set forth herein, without written 4 permission from the Designating Party or a court order secured after appropriate notice to all 5 interested persons, a Party may not file in the public record in this action any Protected Material. A 6 Party that seeks to file under seal any Protected Material must comply with Local Rule 141. Pursuant 7 to Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 8 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 9 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Local Rule 141 10 is denied by the court, then the Receiving Party may file the information in the public record unless 11 otherwise instructed by the court. 12 13. FINAL DISPOSITION. 13 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 14 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As 15 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 17 Protected Material is returned or destroyed, the Receiving Party must submit a written certification to 18 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 19 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 20 returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 21 compilations, summaries or any other format reproducing or capturing any of the Protected Material. 22 23 /// 24 25 26 27 /// 28 - 12 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion 2 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 3 trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if 4 such materials contain Protected Material. Any such archival copies that contain or constitute 5 Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 6 IT IS SO STIPULATED. 7 8 9 DATED: May 6, 2022 /s/ Jake Weaver __________________________ JAKE C. WEAVER AVALON J. FITZGERALD REYNOLDS TILBURY WOODWARD LLP Attorneys for Plaintiff VITAL DISTRIBUTIONS, LLC DATED: May 6, 2022 /s/ Robert Kahn __________________________ EDWARD HUGUENIN ROBERT J. KAHN HUGUENIN KAHN LLP Attorneys for Plaintiff VITAL DISTRIBUTIONS, LLC DATED: May 6, 2022 _______________________________________ MICHAEL M. GLESS BENTLEY P. STANSBURY III IGOR V. STADNIK KEESAL, YOUNG & LOGAN Attorneys for Defendant PEPPERIDGE FARM, INCORPORATED 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print 4 or type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Eastern District 6 of California in the case of Vital Distributions, LLC v. Pepperidge Farm, Incorporated, Case 7 No. 2:22-CV-00319-MCE-KJN. I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose 9 me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose 10 in any manner any information or item that is subject to this Stipulated Protective Order to any person 11 or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 14 such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as 17 my California agent for service of process in connection with this action or any proceedings related to 18 enforcement of this Stipulated Protective Order. 19 20 Date: 21 City and State where sworn and signed: 22 23 Printed name: 24 Signature: 25 26 27 28 - 14 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1 1 ORDER 2 The court has reviewed the parties’ stipulated protective order. (See ECF No. 18). The 3 stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 141.1. 4 The court APPROVES the protective order, subject to the following clarification. The Local Rules 5 state that once an action is closed, “unless otherwise ordered, the court will not retain jurisdiction over 6 enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f). Courts in the 7 district generally do not agree to retain jurisdiction for disputes concerning protective orders after 8 closure of the case. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., 9 Feb. 03, 2017). Thus, the court will not retain jurisdiction over this protective order once the case is 10 closed. 11 Dated: May 10, 2022 12 13 14 vita.319 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 STIPULATED PROTECTIVE ORDER – Case No. 2:22-cv-00319-MCE-KJN KYL4867-9733-3278.1

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