Chris Azpeitia et al v. Tesoro Refining & Marketing Company LLC et al

Filing 61

STIPULATION AND ORDER re (60 in 3:17-cv-00123-JST) STIPULATION WITH PROPOSED ORDER filed by Jon Valliere, Samantha West, Eileen Foster, Jinetra Bonner, Antonio Garcia. Signed by Judge Jon S. Tigar on March 20, 2018. (wsn, COURT STAFF) (Filed on 3/5/2018)

1
2
3
4
5
6
7
8

RANDY RENICK (CA Bar No. 179652)
(Email: [e-mail])
CORNELIA DAI (CA Bar No. 207435)
(Email: [e-mail])
SPRINGSONG COOPER (CA Bar No. 307845)
(Email: [e-mail])
HADSELL STORMER & RENICK, LLP
128 North Fair Oaks Avenue, Suite 204
Pasadena, California 91103-3645
Telephone: [phone]
Fax: [phone]
Lead Plaintiffs’ Counsel
[Additional Counsel Listed on Next Page]

9

IN THE UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

11
12
13

JON VALLIERE, EILEEN FOSTER, ANTONIO
GARCIA, and SAMANTHA WEST, individually
and on behalf of all similarly situated current and
former employees,

14
15
16
17

Plaintiffs,

Defendants.
JINETRA BONNER, individually, on behalf
herself and all others similarly situated,

21

23
24
25

CLASS ACTION

TESORO REFINING AND MARKETING
COMPANY LLC, TESORO LOGISTICS GP,
LLC, and DOES 1 through 10, inclusive

19

22

Assigned to the Hon. Jon S. Tigar

STIPULATED PROTECTIVE ORDER

v.

18

20

Case No. 3:17-CV-00123-JST

Case No. 17-CV-03850-JST

Plaintiffs,
v.
TESORO REFINING & MARKETING
COMPANY, LLC, a Delaware Limited Liability
Company; and DOES 1 through 100 inclusive,
Defendants.

26
27
28
STIPULATED PROTECTIVE ORDER
Error! Unknown document property name.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

JAY SMITH (CA Bar No. 166105)
(Email: [e-mail])
JOSHUA F. YOUNG (CA Bar No. 232995)
(Email: [e-mail])
GILBERT & SACKMAN
A LAW CORPORATION
3699 Wilshire Boulevard, Suite 1200
Los Angeles, California 90010
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs JON VALLIERE, EILEEN FOSTER, ANTONIO GARCIA, and
SAMANTHA WEST, on behalf of themselves and others similarly situated
COHELAN KHOURY & SINGER
Timothy D. Cohelan (SBN 60827)
[e-mail]
Michael D. Singer (SBN 115301)
[e-mail]
J. Jason Hill (SBN 179630)
[e-mail]
605 “C” Street, Suite 200
San Diego, California 92101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff, JINETRA BONNER, on behalf of herself and others similarly situated
SEYFARTH SHAW LLP
William J. Dritsas (SBN 97523)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, CA 94105-2930
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Michael W. Kopp (SBN 206385)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Timothy M. Rusche (SBN 230036)
E-mail: [e-mail]
Mary Manesis (SBN 150372)
E-mail: [e-mail]
333 S. Hope Street, Suite 3900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants TESORO REFINING & MARKETING COMPANY LLC and TESORO
LOGISTICS GP, LLC

28
2

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

1.

2

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential,

3

proprietary, or private information for which special protection from public disclosure, and from use for

4

any purpose other than prosecuting this litigation, may be warranted. Accordingly, the parties hereby

5

stipulate to and petition the court to enter the following Stipulated Protective Order. The parties

6

acknowledge that this Order does not confer blanket protections on all disclosures or responses to

7

discovery and that the protection it affords from public disclosure and use extends only to the limited

8

information or items that are entitled to confidential treatment under applicable legal principles. The

9

parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order

10

does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

11

procedures that must be followed and the standards that will be applied when a party seeks permission

12

from the court to file material under seal.

13

2.

2.1

14
15

DEFINITIONS
Challenging Party: a Party or Non-Party that challenges the designation of information

or items as “Confidential” under this Order.

2.2

16

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

17

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil

18

Procedure 26(c).

19

2.3

20

their support staff).

21

2.4

22

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

23

Disclosure or Discovery Material: all items or information, regardless of the medium or

24

manner in which it is generated, stored, or maintained (including, among other things, testimony,

25

transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery

26

in this matter.

27

///

28

///
2

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

2.6

1

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

2

litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant

3

in this action.

2.7

4
5

does not include Outside Counsel of Record or any other outside counsel.

2.8

6
7

10

Non-Party: any natural person, partnership, corporation, association, or other legal entity

not named as a Party to this action.

2.9

8
9

House Counsel: attorneys who are employees of a party to this action. House Counsel

Outside Counsel of Record: attorneys who are not employees of a party to this action but

are retained to represent or advise a party to this action and have appeared in this action on behalf of that
party or are affiliated with a law firm that has appeared on behalf of that party.

2.10 Party: any party to this action, including all of its officers, directors and employees

11
12

(including House Counsel), consultants, retained experts, and Outside Counsel of Record (and their

13

support staffs), which for purposes of this Order does not include any putative class or class members

14

other than Jon Valliere, Eileen Foster, Anotonio Garcia, Samantha West, and Jinetra Bonner.

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in

15
16

this action.

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,

17
18

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or

19

retrieving data in any form or medium) and their employees and subcontractors.

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

20
21

“CONFIDENTIAL.”

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

22
23

Producing Party.

24

3.

25

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

26

defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,

27

excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or

28

presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
3

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

conferred by this Stipulation and Order do not cover the following information: (a) any information that

2

is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public

3

domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this

4

Order, including becoming part of the public record through trial or otherwise; and (b) any information

5

known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the

6

disclosure from a source who obtained the information lawfully and under no obligation of

7

confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a

8

separate agreement or protective order.

9

4.

10

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

11

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

12

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

13

defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and

14

exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits

15

for filing any motions or applications for extension of time pursuant to applicable law.

16

5.

17

DESIGNATING PROTECTED MATERIAL

5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-

18

Party that designates information or items for protection under this Order must take care to limit any

19

such designation to specific material that qualifies under the appropriate standards. The Designating

20

Party must designate for protection only those parts of material, documents, items, or oral or written

21

communications that qualify – so that other portions of the material, documents, items, or

22

communications for which protection is not warranted are not swept unjustifiably within the ambit of

23

this Order.

24

Mass, indiscriminate, or routinized designations for protection under this Order are prohibited.

25

Designations that are shown to be clearly unjustified or that have been made for an improper purpose

26

(e.g., to unnecessarily encumber or slow the case development process or to impose unnecessary

27

expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a

28

Designating Party’s attention that information or items that it designated for protection do not qualify for
4

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

protection, that Designating Party must promptly notify all other Parties that it is withdrawing the

2

mistaken designation.

3

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see,

4

e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or

5

Discovery Material that qualifies for protection under this Order must be clearly designated before the

6

material is disclosed or produced.

7

Designation in conformity with this Order requires:

(a)

8
9
10
11

For information in documentary form (e.g., paper or electronic documents, but

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix
the legend “CONFIDENTIAL” to each page that contains Protected Material.
A Party or Non-Party that makes original documents or materials available for inspection need not

12

designate them for protection until after the inspecting Party has indicated which material it would like

13

copied and produced. During the inspection and before the designation, all of the material made available

14

for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the

15

documents it wants copied and produced, the Producing Party must determine which documents, or

16

portions thereof, qualify for protection under this Order. Then, before producing the specified documents,

17

the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected

18

Material. If only a portion or portions of the material on a page qualifies for protection, the Producing

19

Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

20

margins).

21

(b)

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

22

Designating Party identifies on the record, before the close of the deposition, completion of the

23

deponent’s time to review the deposition transcript, or end of the hearing or other proceeding, all

24

protected testimony.

25

(c)

For information produced in some form other than documentary or testimonial,

26

including other tangible items, that the Producing Party affix in a prominent place on the exterior of the

27

container or containers in which the information or item is stored the legend “CONFIDENTIAL.” If

28

only a portion or portions of the information or item warrant protection, the Producing Party, to the
5

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

extent practicable, shall identify the protected portion(s).

5.3

2

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate

3

information or items that qualify for protection does not, standing alone, waive the Designating Party’s

4

right to secure protection under this Order for such material. Upon timely correction of a designation,

5

the Receiving Party must make reasonable efforts to assure that the material is treated in accordance

6

with the provisions of this Order.

7

6.

8
9

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

10

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or

11

a significant disruption or delay of the litigation, a Party does not waive its right to challenge a

12

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

13

is disclosed.

14

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process by

15

providing written notice to the Designating Party and all parties to this action, of each designation the

16

Challenging Party is challenging and describing the basis for each challenge. To avoid ambiguity as to

17

whether a challenge has been made, the written notice must recite that the challenge to confidentiality is

18

being made in accordance with this specific paragraph of the Protective Order. The parties shall attempt

19

to resolve each challenge in good faith and must begin the process by conferring directly (in voice to

20

voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of

21

notice. In conferring, the Challenging Party must explain the basis for its belief that the confidentiality

22

designation was not proper and must give the Designating Party an opportunity to review the designated

23

material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis

24

for the chosen designation. A Challenging Party may proceed to the next stage of the challenge process

25

only if it has engaged in this meet and confer process first or establishes that the Designating Party is

26

unwilling to participate in the meet and confer process in a timely manner.

27
28

6.3

Judicial Intervention. If the parties cannot resolve a challenge without court intervention,

the Designating Party may file and serve a motion to retain confidentiality under Civil Local Rule 7 (and
6

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

in compliance with Civil Local Rule 79-5, if applicable) within 21 days of receipt by the Designating

2

Party of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer

3

process will not resolve their dispute, whichever is earlier. Failure by the Designating Party to make

4

such a motion within 21 days or 14 days, as applicable, shall automatically waive the confidentiality

5

designation for each challenged designation. In addition, the Challenging Party may file a motion

6

challenging a confidentiality designation at any time if there is good cause for doing so, including a

7

challenge to the designation of a deposition transcript or any portions thereof. Any motion brought

8

pursuant to this provision by the Designating Party or the Challenging Party must be accompanied by a

9

competent declaration affirming that the movant has complied with the meet and confer requirements

10

imposed by the preceding paragraph.

11

The burden of persuasion in any proceeding concerning a challenge shall be on the Designating

12

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

13

unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

14

Unless the Designating Party has waived the confidentiality designation by failing to timely file a

15

motion to retain confidentiality as described above, all parties shall continue to afford the material in

16

question the level of protection to which it is entitled under the Designating Party’s designation until the

17

court rules on the challenge.

18

7.

19

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

20

produced by another Party or by a Non-Party in connection with this case only for prosecuting,

21

defending, or attempting to settle this litigation. Protected Material must be stored and maintained by a

22

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

23

authorized under this Order. Protected Material may be disclosed only to the categories of persons and

24

under the conditions described in this Order. When the litigation has been terminated, a Receiving Party

25

must comply with the provisions of Section 13 below.

26

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

27

court or permitted in writing by the Designating Party, a Receiving Party may disclose any information

28

or item designated “CONFIDENTIAL” only to:
7

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

(a)

1

the Receiving Party’s Outside Counsel of Record in this action, as well as

2

employees of such Outside Counsel of Record to whom it is reasonably necessary to disclose the

3

information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

4

that is attached hereto as Exhibit A;

(b)

5

the officers, directors, and employees (including House Counsel) of the Receiving

6

Party to whom disclosure is reasonably necessary for this litigation and who have signed the

7

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(c)

8
9
10

Experts (as defined in this Order) of the Receiving Party to whom disclosure is

reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to
Be Bound” (Exhibit A);

11

(d)

the court and its personnel;

12

(e)

court reporters and their staff, professional jury or trial consultants, mock jurors,

13

and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

14

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(f)

15

during their depositions, witnesses in the action to whom disclosure is reasonably

16

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

17

otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition

18

testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court

19

reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order;

20

and

(g)

21

the author or recipient of a document containing the information or a custodian or

22

other person who otherwise possessed or knew the information.

23

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

24

LITIGATION

25

If a Party is served with a subpoena or a court order issued in other litigation that compels

26

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must:

27
28

(a)

promptly notify in writing the Designating Party. Such notification shall include a

copy of the subpoena or court order;
8

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

(b)

1

promptly notify in writing the party who caused the subpoena or order to issue in

2

the other litigation that some or all of the material covered by the subpoena or order is subject to this

3

Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

(c)

4
5

cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.

6

If the Designating Party timely seeks a protective order, the Party served with the subpoena or

7

court order shall not produce any information designated in this action as “CONFIDENTIAL” before a

8

determination by the court from which the subpoena or order issued, unless the Party has obtained the

9

Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking

10

protection in that court of its confidential material – and nothing in these provisions should be construed

11

as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another

12

court.

13

9.

14
15

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-Party in

16

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

17

connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in

18

these provisions should be construed as prohibiting a Non-Party from seeking additional protections.

19

(b)

In the event that a Party is required, by a valid discovery request, to produce a

20

Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the

21

Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

22

(1)

promptly notify in writing the Party requesting the confidential

23

information and the Non-Party that some or all of the information requested is subject to a

24

confidentiality agreement with a Non-Party;

25

(2)

promptly provide the Non-Party with a copy of the Stipulated Protective

26

Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the

27

information requested; and

28

(3)

make the information requested available for inspection by the Non-Party.
9

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

(4)

1

if the Non-Party fails to object or seek a protective order from this court

2

within 14 days of receiving notice that the confidential information is requested and the opportunity to

3

inspect the information, the Receiving Party may produce the Non-Party’s confidential information

4

responsive to the discovery request. If the Non-Party timely seeks a protective order, the Party in

5

possession of the information shall not produce such information that is subject to the confidentiality

6

agreement with the Non-Party before a determination by the court.

(c)

7

Absent a court order to the contrary, the Non-Party shall bear the burden and

8

expense of seeking protection in this court of its Protected Material.

9

10.

10

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material

11

to any person or in any circumstance not authorized under this Stipulated Protective Order, the

12

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

13

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

14

inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order,

15

and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be Bound”

16

that is attached hereto as Exhibit A.

17

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

18

MATERIAL

19

When a Producing Party gives notice to a Receiving Party that certain inadvertently produced

20

material is subject to a claim of privilege or other protection, the obligations of the Receiving Party are

21

those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

22

any procedure that may be established in an e-discovery order that provides for production without prior

23

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an

24

agreement on the effect of disclosure of a communication or information covered by the attorney-client

25

privilege or work product protection, the parties may incorporate their agreement in the Stipulated

26

Protective Order submitted to the court.

27

12.

28

MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
10

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

modification by the court in the future.

2

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no

3

Party waives any right it otherwise would have to object to disclosing or producing any information or

4

item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any

5

right to object on any ground to use in evidence of any of the material covered by this Protective Order.

6

12.3 Filing Protected Material. Without written permission from the Designating Party or a

7

court order secured after appropriate notice to all interested persons, a Party may not file in the public

8

record in this action any Protected Material. A Party that seeks to file under seal any Protected Material

9

must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a

10

court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local

11

Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue

12

is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a

13

Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is

14

denied by the court, then the Receiving Party may file the information in the public record pursuant to

15

Civil Local Rule 79-5(e) unless otherwise instructed by the court.

16

13.

17

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in Section 4 above, each

18

Receiving Party must return all Protected Material to the Producing Party or destroy such material. As

19

used in this section, “all Protected Material” includes all copies, abstracts, compilations, summaries, and

20

any other format reproducing or capturing any of the Protected Material. Whether the Protected Material

21

is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party

22

(and, if not the same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies

23

(by category, where appropriate) all the Protected Material that was returned or destroyed and (2)

24

affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any

25

other format reproducing or capturing any of the Protected Material. Notwithstanding this provision,

26

Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and

27

hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,

28

attorney work product, and consultant and expert work product, even if such materials contain Protected
11

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

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

2

Protective Order as set forth in Section 4 above.

3

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

4
5

DATED: February 12, 2018

GILBERT & SACKMAN
HADSELL STORMER & RENICK, LLP

6
By: /s/ Randy Renick

7

Randy Renick
Cornelia Dai
Springsong Cooper

8
9

Attorneys for Plaintiffs
JON VALLIERE, EILEEN FOSTER,
ANTONIO GARCIA, and SAMANTHA WEST

10
11
12
13

DATED: February 12, 2018

GILBERT & SACKMAN

14
15
16
17
18

By: /s/ Joshua F. Young
Jay Smith
Joshua F. Young
Attorneys for Plaintiffs
JON VALLIERE, EILEEN FOSTER,
ANTONIO GARCIA, and SAMANTHA WEST

19
20
21
22
23
24
25
26
27
28
12

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

DATED: February 12, 2018

COHELAN KHOURY & SINGER

2

By: /s/ J. Jason Hill

3

Timothy D. Cohelan
Michael D. Singer
J. Jason Hill

4
5

Attorneys for Plaintiff
JENITRA BONNER

6
7
8
9
10

DATED: February 12, 2018

SEYFARTH SHAW LLP

11

By: /s/ Michael W. Kopp

12

William J. Dritsas
Timothy M. Rusche
Michael W. Kopp
Mary D. Manesis

13
14

Attorneys for Defendants
TESORO REFINING & MARKETING
COMPANY LLC and
TESORO LOGISTICS GP, LLC

15
16
17
18
19
20

Attestation Regarding Signatures:
I, Randy Renick, hereby attest that all other signatories listed, and on whose behalf the filing is
submitted, concur in the filing’s content and have authorized the filing.

21
22
23

By:

/s/ Randy Renick
Randy Renick

PURSUANT TO STIPULATION, IT IS SO ORDERED.

24
25
26
27

March 5, 2018
DATED: ________________________

_____________________________________
United States District Judge Jon S. Tigar

28
13

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of _________________ [print or type full

4

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

5

Protective Order that was issued by the United States District Court for the Northern District of California

6

on [date] in the case of JON VALLIERE, et al. v. TESORO REFINING AND MARKETING COMPANY

7

LLC, Case No. 3:17-CV-00123-JST and JINETRA BONNER, et al. v. TESORO REFINING &

8

MARKETING COMPANY, LLC, Case No. 17-CV-03850-JST. I agree to comply with and to be bound

9

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

10

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

11

will not disclose in any manner any information or item that is subject to this Stipulated Protective Order

12

to any person or entity except in strict compliance with the provisions of this Order.

13

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

14

California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such

15

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] as my

18

California agent for service of process in connection with this action or any proceedings related to

19

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
14

STIPULATED PROTECTIVE ORDER
3:17-CV-00123-JST/17-CV-03850-JST