Saetern v. Airgas USA, LLC

Filing 8

PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/25/24. (Salmeron, A)

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1 2 3 4 5 6 7 JAURIGUE LAW GROUP Michael J. Jaurigue S. Sean Sahabi Nicole R. Clancy 300 West Glenoaks Boulevard, Suite 300 Glendale, California 91202 Telephone: (818) 630-7280 Facsimile: (818) 879-1697 michael@jlglawyers.com nicole@jlglawyers.com sean@jlglawyers.com 8 Attorney for Plaintiff Cheng Saetern 9 SEYFARTH SHAW LLP 10 Nicole Baarts (SBN 226733) 560 Mission Street, 31st Floor 11 San Francisco, California 94105 12 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 13 nbaarts@seyfarth.com SEYFARTH SHAW LLP Kristin N. Ivanco (SBN 294993) 15 400 Capitol Mall, Suite 2300 Sacramento, California 95814-4428 16 Telephone: (916) 448-0159 Facsimile: (916) 558-4839 17 kivanco@seyfarth.com 14 18 Attorneys for Defendant 19 AIRGAS USA, LLC 20 21 UNITED STATES DISTRICT COURT 22 EASTERN DISTRICT OF CALIFORNIA 23 CHENG SAETERN, an individual Case No. 2:24-cv-00815-DAD-CKD 24 Plaintiff, 25 v. (Sacramento County Superior Court Case No. 23CV013666) 26 AIRGAS USA, LLC; and DOES 1 through 50, inclusive, 27 28 Defendant. STIPULATION AND [PROPOSED] PROTECTIVE ORDER Action Filed: December 18, 2023 Trial Date: None Set STIPULATED PROTECTIVE ORDER 1 2 Plaintiff Cheng Saetern (“Plaintiff” and Airgas USA, LLC (“Airgas”) (together, 3 “the Parties”) submit this Stipulated Protective Order to the Court for entry in this 4 case, as follows: 5 1. PURPOSES AND LIMITATIONS 6 Disclosure and discovery activity in this action are likely to involve production 7 of confidential, proprietary, or private information for which special protection from 8 public disclosure and from use for any purpose other than prosecuting this litigation 9 may be warranted. Accordingly, the parties hereby stipulate to and petition the court to 10 enter the following Stipulated Protective Order. The parties acknowledge that this Order 11 does not confer blanket protections on all disclosures or responses to discovery and that 12 the protection it affords from public disclosure and use extends only to the limited 13 information or items that are entitled to confidential treatment under the applicable legal 14 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this 15 Stipulated Protective Order does not entitle them to file confidential information under 16 seal; Local Rules 140 and 141 set forth the procedures that must be followed and the 17 standards that will be applied when a party seeks permission from the court to file 18 material under seal or redacted. 19 2. DEFINITIONS 20 2.1 Challenging Party: a Party or Non-Party that challenges the designation 21 of information or items under this Order. 22 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how 23 it is generated, stored or maintained) or tangible things that qualify for protection under 24 Federal Rule of Civil Procedure 26(c). 25 2.3 Counsel (without qualifier): Outside Counsel of Record and House 26 Counsel (as well as their support staff). 27 2.4 Designating Party: a Party or Non-Party that designates information or 28 items that it produces in disclosures or in responses to discovery as 2 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 “CONFIDENTIAL.” 2 2.5 Disclosure or Discovery Material: all items or information, regardless of 3 the medium or manner in which it is generated, stored, or maintained (including, among 4 other things, testimony, transcripts, and tangible things), that are produced or generated 5 in disclosures or responses to discovery in this matter. 6 2.6 Expert: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 8 expert witness or as a consultant in this action. 9 2.7 House Counsel: attorneys who are employees of a party to this action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 2.8 Non-Party: any natural person, partnership, corporation, association, or 13 other legal entity not named as a Party to this action. 14 2.9 Outside Counsel of Record: attorneys who are not employees of a party to 15 this action but are retained to represent or advise a party to this action and have appeared 16 in this action on behalf of that party or are affiliated with a law firm which has appeared 17 on behalf of that party. 18 2.10 Party: any party to this action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 22 Discovery Material in this action. 23 2.12 Professional Vendors: persons or entities that provide litigation support 24 services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 26 their employees and subcontractors. 27 2.13 Protected Material: any Disclosure or Discovery Material that is 28 designated as “CONFIDENTIAL.” 3 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only Protected 5 Material (as defined above), but also (1) any information copied or extracted from 6 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 7 Material; and (3) any testimony, conversations, or presentations by Parties or their 8 Counsel that might reveal Protected Material. However, the protections conferred by 9 this Stipulation and Order do not cover the following information: (a) any information 10 that is in the public domain at the time of disclosure to a Receiving Party or becomes 11 part of the public domain after its disclosure to a Receiving Party as a result of 12 publication not involving a violation of this Order, including becoming part of the 13 public record through trial or otherwise; and (b) any information known to the 14 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 15 disclosure from a source who obtained the information lawfully and under no obligation 16 of confidentiality to the Designating Party. Any use of Protected Material at trial shall 17 be governed by a separate agreement or order. 18 4. DURATION 19 Even after final disposition of this litigation, the confidentiality obligations 20 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 21 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 22 later of (1) dismissal of all claims and defenses in this action, with or without prejudice; 23 and (2) final judgment herein after the completion and exhaustion of all appeals, 24 rehearings, remands, trials, or reviews of this action, including the time limits for filing 25 any motions or applications for extension of time pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 28 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this 4 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 Order must take care to limit any such designation to specific material that qualifies 2 under the appropriate standards. The Designating Party must designate for protection 3 only those parts of material, documents, items, or oral or written communications that 4 qualify – so that other portions of the material, documents, items, or communications 5 for which protection is not warranted are not swept unjustifiably within the ambit of 6 this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations that 8 are shown to be clearly unjustified or that have been made for an improper purpose 9 (e.g., to unnecessarily encumber or retard the case development process or to impose 10 unnecessary expenses and burdens on other parties) expose the Designating Party to 11 sanctions. 12 If it comes to a Designating Party’s attention that information or items that it 13 designated for protection do not qualify for protection, that Designating Party must 14 promptly notify all other Parties that it is withdrawing the mistaken designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in this 16 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 17 or ordered, Disclosure or Discovery Material that qualifies for protection under this 18 Order must be clearly so designated before the material is disclosed or produced. 19 20 Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, 21 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 22 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 23 protected material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 25 by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents or materials available for 27 inspection need not designate them for protection until after the inspecting Party has 28 indicated which material it would like copied and produced. During the inspection and 5 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 before the designation, all of the material made available for inspection shall be deemed 2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 3 copied and produced, the Producing Party must determine which documents, or portions 4 thereof, qualify for protection under this Order. Then, before producing the specified 5 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 6 that contains Protected Material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 (b) for testimony given in deposition or in other pretrial or trial proceedings, 10 that the Designating Party identify on the record, before the close of the deposition, 11 hearing, or other proceeding, all protected testimony. When it is impractical to identify 12 separately each portion of testimony that is entitled to protection and it appears that 13 substantial portions of the testimony may qualify for protection, the Designating Party 14 may invoke on the record (before the deposition, hearing, or other proceeding is 15 concluded) a right to have up to 21 days to identify the specific portions of the testimony 16 as to which protection is sought and to specify the level of protection being asserted. 17 Only those portions of the testimony that are appropriately designated for protection 18 within the 21 days shall be covered by the provisions of this Stipulated Protective Order. 19 Alternatively, a Designating Party may specify, at the deposition or up to 21 days 20 afterwards if that period is properly invoked, that the entire transcript shall be treated as 21 “CONFIDENTIAL.” 22 Parties shall give the other parties notice if they reasonably expect a 23 deposition, hearing or other proceeding to include Protected Material so that the other 24 parties can ensure that only authorized individuals who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 26 proceedings. The use of a document as an exhibit at a deposition shall not in any way 27 affect its designation as “CONFIDENTIAL.” 28 Transcripts containing Protected Material shall have an obvious legend on the 6 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 title page that the transcript contains Protected Material, and the title page shall be 2 followed by a list of all pages (including line numbers as appropriate) that have been 3 designated as Protected Material and the level of protection being asserted by the 4 Designating Party. The Designating Party shall inform the court reporter of these 5 requirements. Any transcript that is prepared before the expiration of a 21-day period 6 for designation shall be treated during that period as if it had been designated 7 “CONFIDENTIAL” in its entirety unless otherwise agreed. After the expiration of that 8 period, the transcript shall be treated only as actually designated. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information or item is stored the 12 legend “CONFIDENTIAL.” If only a portion or portions of the information or item 13 warrant protection, the Producing Party, to the extent practicable, shall identify the 14 protected portion(s). 15 5.3Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. Upon 18 timely correction of a designation, the Receiving Party must make reasonable efforts to 19 assure that the material is treated in accordance with the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 22 designation of confidentiality at any time. Unless a prompt challenge to a Designating 23 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 24 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 25 litigation, a Party does not waive its right to challenge a confidentiality designation by 26 electing not to mount a challenge promptly after the original designation is disclosed. 27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 28 resolution process by providing written notice of each designation it is challenging and 7 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 2 has been made, the written notice must recite that the challenge to confidentiality is 3 being made in accordance with this specific paragraph of the Protective Order. The 4 parties shall attempt to resolve each challenge in good faith and must begin the process 5 by conferring directly (in voice to voice dialogue; other forms of communication are 6 not sufficient) within 14 days of the date of service of notice. In conferring, the 7 Challenging Party must explain the basis for its belief that the confidentiality 8 designation was not proper and must give the Designating Party an opportunity to 9 review the designated material, to reconsider the circumstances, and, if no change in 10 designation is offered, to explain the basis for the chosen designation. A Challenging 11 Party may proceed to the next stage of the challenge process only if it has engaged in 12 this meet and confer process first or establishes that the Designating Party is unwilling 13 to participate in the meet and confer process in a timely manner. 14 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 15 court intervention, the Designating Party may file and serve a motion to retain 16 confidentiality within 21 days of the initial notice of challenge or within 14 days of the 17 parties agreeing that the meet and confer process will not resolve their dispute, 18 whichever is earlier. In addition, the Challenging Party may file a motion challenging a 19 confidentiality designation at any time if there is good cause for doing so, including a 20 challenge to the designation of a deposition transcript or any portions thereof. 21 Until the dispute is resolved by the Court, all parties shall continue to afford the 22 material in question the level of protection to which it is entitled under the Producing 23 Party’s designation until the court rules on the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 Basic Principles. A Receiving Party may use Protected Material that is 26 disclosed or produced by another Party or by a Non-Party in connection with this case 27 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 28 Material may be disclosed only to the categories of persons and under the conditions 8 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 described in this Order. When the litigation has been terminated, a Receiving Party must 2 comply with the provisions of section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 7 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 8 may disclose any information or item designated “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to 11 disclose the information for this litigation and who have signed the “Acknowledgment 12 and Agreement to Be Bound” that is attached hereto as Exhibit A; 13 (b) the officers, directors, and employees (including House Counsel) of the 14 Receiving Party to whom disclosure is reasonably necessary for this litigation and who 15 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 17 is reasonably necessary for this litigation and who have signed the “Acknowledgment 18 and Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff, professional jury or trial consultants, mock 21 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 22 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 23 (Exhibit A); 24 (f) during their depositions, witnesses in the action to whom disclosure is 25 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 26 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 27 the court. Pages of transcribed deposition testimony or exhibits to depositions that 28 reveal Protected Material must be separately bound by the court reporter and may not 9 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 be disclosed to anyone except as permitted under this Stipulated Protective Order. 2 (g) the author or recipient of a document containing the information or a 3 custodian or other person who otherwise possessed or knew the information. 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 5 OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other litigation that 7 compels disclosure of any information or items designated in this action as 8 “CONFIDENTIAL,” that Party must: 9 (a) promptly notify in writing the Designating Party. Such notification shall 10 include a copy of the subpoena or court order; 11 (b) promptly notify in writing the party who caused the subpoena or order to issue 12 in the other litigation that some or all of the material covered by the subpoena or order 13 is subject to this Protective Order. Such notification shall include a copy of this 14 Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be pursued by 16 the Designating Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served with the 18 subpoena or court order shall not produce any information designated in this action as 19 “CONFIDENTIAL” before a determination by the court from which the subpoena or 20 order issued, unless the Party has obtained the Designating Party’s permission. The 21 Designating Party shall bear the burden and expense of seeking protection in that court 22 of its confidential material – and nothing in these provisions should be construed as 23 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 24 from another court. 25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 26 IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a Non- 28 Party in this action and designated as “CONFIDENTIAL.” Such information produced 10 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 by Non-Parties in connection with this litigation is protected by the remedies and relief 2 provided by this Order. Nothing in these provisions should be construed as prohibiting 3 a Non-Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce 5 a Non-Party’s confidential information in its possession, and the Party is subject to an 6 agreement with the Non-Party not to produce the Non-Party’s confidential information, 7 then the Party shall: 8 (1) promptly notify in writing the Requesting Party and the Non-Party that 9 some or all of the information requested is subject to a confidentiality agreement with 10 a Non-Party; 11 (2) promptly provide the Non-Party with a copy of the Stipulated 12 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 13 specific description of the information requested; and 14 (3) make the information requested available for inspection by the Non- 15 Party. 16 (c) If the Non-Party fails to object or seek a protective order from this court within 17 14 days of receiving the notice and accompanying information, the Receiving Party may 18 produce the Non-Party’s confidential information responsive to the discovery request. 19 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 20 any information in its possession or control that is subject to the confidentiality 21 agreement with the Non-Party before a determination by the court. Absent a court order 22 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 23 in this court of its Protected Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 26 Protected Material to any person or in any circumstance not authorized under this 27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 28 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 11 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 all unauthorized copies of the Protected Material, (c) inform the person or persons to 2 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 3 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 4 that is attached hereto as Exhibit A. 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted to 16 the court. 17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 19 person to seek its modification by the court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in this 23 Stipulated Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this Protective Order. 25 12.3 Filing Protected Material. Without written permission from the 26 Designating Party or a court order secured after appropriate notice to all interested 27 persons, a Party may not file in the public record in this action any Protected Material. 28 A Party that seeks to file under seal any Protected Material must comply with Local 12 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 Rule 141. Protected Material may only be filed under seal pursuant to a court order 2 authorizing the sealing of the specific Protected Material at issue. If the Receiving Party 3 seeks to file Protected Material, the Receiving Party must provide the Designating Party 4 with sufficient notice in advance of filing to allow the Designating Party to seek an 5 order of sealing or redaction from the Court. 6 13. FINAL DISPOSITION 7 Within 60 days after the final disposition of this action, as defined in paragraph 8 4, each Receiving Party must return all Protected Material to the Producing Party or 9 destroy such material. As used in this subdivision, “all Protected Material” includes all 10 copies, abstracts, compilations, summaries, and any other format reproducing or 11 capturing any of the Protected Material. Whether the Protected Material is returned or 12 destroyed, the Receiving Party must submit a written certification to the Producing 13 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 14 deadline that (1) identifies (by category, where appropriate) all the Protected Material 15 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 16 any copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 18 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 19 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 20 expert reports, attorney work product, and consultant and expert work product, even if 21 such materials contain Protected Material. Any such archival copies that contain or 22 constitute Protected Material remain subject to this Protective Order as set forth in 23 Section 4. 24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 25 26 27 28 13 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 1 DATED: JAURIGUE LAW GROUP 2 3 By: /s/Nicole R. Clancy (as authorized 10/16/24) Michael J. Jaurigue S. Sean Sahabi Nicole R. Clancy Attorneys for Plaintiff CHENG SAETERN 4 5 6 7 8 9 10 11 DATED: SEYFARTH SHAW LLP By /s/Kristin N. Ivanco Nicole A. Baarts Kristin N. Ivanco Attorneys for Defendants AIRGAS USA, LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 STIPULATION AND [PROPOSED] PROTECTIVE ORDER ORDER 1 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and 3 Protective Order with the clarification that the court will not retain jurisdiction to 4 enforce the terms of this protective order after the Clerk has closed the action. See 5 Local Rule 141.1(f). 6 7 IT IS SO ORDERED. 8 Dated: October 25, 2024 9 10 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 STIPULATION AND [PROPOSED] PROTECTIVE ORDER 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 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Eastern District of California on [date] in the 7 case of Cheng Saetern v. Airgas USA, LLC, et al., Case No. 2:24-cv-00815-DAD-CKD. 8 I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not 11 disclose in any manner any information or item that is subject to this Stipulated 12 Protective Order to any person or entity except in strict compliance with the provisions 13 of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Eastern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________

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