Crump v. Hyatt Corporation
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 37 Proposed Stipulated Protective Order. (ndrS, COURT STAFF) (Filed on 2/17/2021)
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SEYFARTH SHAW LLP
Brian Long (SBN 232746)
bplong@seyfarth.com
601 South Figueroa Street, Suite 3300
Los Angeles, California 90017
Telephone:
(213) 270-9600
Facsimile:
(213) 270-9601
SEYFARTH SHAW LLP
Michael Afar (SBN 298990)
mafar@seyfarth.com
Romtin Parvaresh (SBN 301554)
rparvaresh@seyfarth.com
2029 Century Park East, Suite 3500
Los Angeles, California 90067
Telephone:
(310) 277-7200
Facsimile:
(310) 201-5219
Attorneys for Defendant
HYATT CORPORATION
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHRISTINE CRUMP, individually, and on behalf
of other members of the general public similarly
situated and on behalf of other aggrieved
employees pursuant to the California Private
Attorneys General Act,
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Plaintiff,
Case No. 4:20-cv-00295-HSG
STIPULATED PROTECTIVE ORDER
Complaint Filed:
FAC Filed:
December 6, 2019
August 5, 2020
v.
HYATT CORPORATION, an unknown business
entity; and DOES 1 through 100, inclusive,
Defendants.
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STIPULATED PROTECTIVE ORDER
67951858v.1
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Plaintiff Christine Crump (“Plaintiff”) and Defendant Hyatt Corporation (“Defendant”) hereby
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agree to and submit this stipulated protective order, regarding the production of confidential, proprietary,
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or private information during the course of litigation in this matter.
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1.
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Disclosure and discovery activity in this action are likely to involve production of confidential,
PURPOSES AND LIMITATIONS
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proprietary, or private information for which special protection from public disclosure and from use for
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any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby
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stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all disclosures or responses to
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discovery and that the protection it affords from public disclosure and use extends only to the limited
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information or items that are entitled to confidential treatment under the applicable legal principles. The
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parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
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does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
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procedures that must be followed and the standards that will be applied when a party seeks permission
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from the court to file material under seal.
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2.
DEFINITIONS
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2.1
Challenging Party: a Party or Non-Party that challenges the designation of information
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or items under this Order.
2.2
“CONFIDENTIAL” Information or Items: information (regardless of how it is
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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil
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Procedure 26(c).
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2.3
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their support staff).
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2.4
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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
manner in which it is generated, stored, or maintained (including, among other things, testimony,
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STIPULATED PROTECTIVE ORDER
67951858v.1
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transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery
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in this matter.
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2.6
Expert: a person with specialized knowledge or experience in a matter pertinent to the
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litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant
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in this action.
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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
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are retained to represent or advise a party to this action and have appeared in this action on behalf of that
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party or are affiliated with a law firm which has appeared on behalf of that party.
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2.10
Party: any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11
Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
this action.
2.12
Professional Vendors: persons or entities that provide litigation support services (e.g.,
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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
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retrieving data in any form or medium) and their employees and subcontractors.
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2.13
Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL.”
2.14
Receiving Party: a Party that receives Disclosure or Discovery Material from a
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Producing Party.
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3.
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The protections conferred by this Stipulation and Order cover not only Protected Material (as
SCOPE
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defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
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excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
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presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
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conferred by this Stipulation and Order do not cover the following information: (a) any information that
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is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public
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domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this
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Order, including becoming part of the public record through trial or otherwise; and (b) any information
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known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the
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disclosure from a source who obtained the information lawfully and under no obligation of
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confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a
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separate agreement or order.
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4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this
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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and
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exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits
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for filing any motions or applications for extension of time pursuant to applicable law.
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5.
DESIGNATING PROTECTED MATERIAL
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5.1
Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-
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Party that designates information or items for protection under this Order must take care to limit any
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such designation to specific material that qualifies under the appropriate standards. The Designating
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Party must designate for protection only those parts of material, documents, items, or oral or written
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communications that qualify – so that other portions of the material, documents, items, or
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communications for which protection is not warranted are not swept unjustifiably within the ambit of
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this Order.
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Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to
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be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber
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or retard the case development process or to impose unnecessary expenses and burdens on other parties)
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expose the Designating Party to sanctions.
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STIPULATED PROTECTIVE ORDER
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If it comes to a Designating Party’s attention that information or items that it designated for
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protection do not qualify for protection, that Designating Party must promptly notify all other Parties
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that it is withdrawing the mistaken designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in this Order (see,
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e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
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Discovery Material that qualifies for protection under this Order must be clearly so designated before
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the material is disclosed or produced.
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Designation in conformity with this Order requires:
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(a) for information in documentary form (e.g., paper or electronic documents, but excluding
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transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend
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“CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the
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material on a page qualifies for protection, the Producing Party also must clearly identify the protected
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portion(s) (e.g., by making appropriate markings in the margins).
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A Party or Non-Party that makes original documents or materials available for inspection need
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not designate them for protection until after the inspecting Party has indicated which material it would
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like copied and produced. During the inspection and before the designation, all of the material made
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available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified
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the documents it wants copied and produced, the Producing Party must determine which documents, or
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portions thereof, qualify for protection under this Order. Then, before producing the specified
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documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains
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Protected Material. If only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins).
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(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
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Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding,
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all protected testimony.
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(c) for information produced in some form other than documentary and for any other tangible
items, that the Producing Party affix in a prominent place on the exterior of the container or containers
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STIPULATED PROTECTIVE ORDER
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in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions
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of the information or item warrant protection, the Producing Party, to the extent practicable, shall
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identify the protected portion(s).
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5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate
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qualified information or items does not, standing alone, waive the Designating Party’s right to secure
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protection under this Order for such material. Upon timely correction of a designation, the Receiving
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Party must make reasonable efforts to assure that the material is treated in accordance with the
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provisions of this Order.
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6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
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6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation of
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confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or
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a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
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confidentiality designation by electing not to mount a challenge promptly after the original designation
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is disclosed.
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6.2
Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
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providing written notice of each designation it is challenging and describing the basis for each challenge.
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To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the
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challenge to confidentiality is being made in accordance with this specific paragraph of the Protective
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Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by
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conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within
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14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for
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its belief that the confidentiality designation was not proper and must give the Designating Party an
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opportunity to review the designated material, to reconsider the circumstances, and, if no change in
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designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed
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to the next stage of the challenge process only if it has engaged in this meet and confer process first or
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establishes that the Designating Party is unwilling to participate in the meet and confer process in a
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timely manner.
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STIPULATED PROTECTIVE ORDER
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6.3
Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,
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the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7
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(and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of
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challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their
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dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration
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affirming that the movant has complied with the meet and confer requirements imposed in the preceding
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paragraph. Failure by the Designating Party to make such a motion including the required declaration
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within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for
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each challenged designation. In addition, the Challenging Party may file a motion challenging a
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confidentiality designation at any time if there is good cause for doing so, including a challenge to the
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designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this
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provision must be accompanied by a competent declaration affirming that the movant has complied with
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the meet and confer requirements imposed by the preceding paragraph.
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The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
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Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
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expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
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Designating Party has waived the confidentiality designation by failing to file a motion to retain
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confidentiality as described above, all parties shall continue to afford the material in question the level
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of protection to which it is entitled under the Producing Party’s designation until the court rules on the
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challenge.
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7.
ACCESS TO AND USE OF PROTECTED MATERIAL
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7.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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produced by another Party or by a Non-Party in connection with this case only for prosecuting,
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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the
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categories of persons and under the conditions described in this Order. When the litigation has been
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terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
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DISPOSITION).
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STIPULATED PROTECTIVE ORDER
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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 Order.
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the
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court or permitted in writing by the Designating Party, a Receiving Party may disclose any information
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or item designated “CONFIDENTIAL” only to:
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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said
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Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this
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litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached
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hereto as Exhibit A;
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(b) the officers, directors, and employees (including House Counsel) of the Receiving Party to
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whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
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and Agreement to Be Bound” (Exhibit A);
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(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
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necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
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(Exhibit A);
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(d) the court and its personnel;
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(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed
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the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary
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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
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agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or
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exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and
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may not be disclosed to anyone except as permitted under this Stipulated Protective Order.
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(g) the author or recipient of a document containing the information or a custodian or other
person who otherwise possessed or knew the information.
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
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STIPULATED PROTECTIVE ORDER
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If a Party is served with a subpoena or a court order issued in other litigation that compels
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disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must:
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(a) promptly notify in writing the Designating Party. Such notification shall include a copy of
the subpoena or court order;
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(b) promptly notify in writing the party who caused the subpoena or order to issue in the other
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litigation that some or all of the material covered by the subpoena or order is subject to this Protective
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Order. Such notification shall include a copy of this Stipulated Protective Order; and
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(c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served with the subpoena or
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court order shall not produce any information designated in this action as “CONFIDENTIAL” before a
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determination by the court from which the subpoena or order issued, unless the Party has obtained the
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Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking
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protection in that court of its confidential material – and nothing in these provisions should be construed
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as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another
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court.
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9.
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 this action
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and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with
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this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions
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should be construed as prohibiting a Non-Party from seeking additional protections.
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(b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s
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confidential information in its possession, and the Party is subject to an agreement with the Non-Party
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not to produce the Non-Party’s confidential information, then the Party shall:
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(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;
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STIPULATED PROTECTIVE ORDER
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(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
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litigation, the relevant discovery request(s), and a reasonably specific description of the information
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requested; and
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(3) make the information requested available for inspection by the Non-Party.
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(c) If the Non-Party fails to object or seek a protective order from this court within 14 days of
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receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
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confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
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order, the Receiving Party shall not produce any information in its possession or control that is subject to
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the confidentiality agreement with the Non-Party before a determination by the court. Absent a court
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order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court
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of its Protected Material.
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10.
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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to any person or in any circumstance not authorized under this Stipulated Protective Order, the
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Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
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disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material,
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(c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this
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Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be
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Bound” that is attached hereto as Exhibit A.
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11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
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material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are
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those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
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whatever procedure may be established in an e-discovery order that provides for production without
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prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
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an agreement on the effect of disclosure of a communication or information covered by the attorney-
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client privilege or work product protection, the parties may incorporate their agreement in the stipulated
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protective order submitted to the court.
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12.
MISCELLANEOUS
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12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
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modification by the court in the future.
12.2
Right to Assert Other Objections. By stipulating to the entry of this Protective Order no
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Party waives any right it otherwise would have to object to disclosing or producing any information or
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item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any
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right to object on any ground to use in evidence of any of the material covered by this Protective Order.
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12.3
Filing Protected Material. Without written permission from the Designating Party or a
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court order secured after appropriate notice to all interested persons, a Party may not file in the public
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record in this action any Protected Material. A Party that seeks to file under seal any Protected Material
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must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
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court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local
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Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue
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is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a
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Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is
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denied by the court, then the Receiving Party may file the information in the public record pursuant to
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Civil Local Rule 79-5(e) unless otherwise instructed by the court.
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13.
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Within 60 days after the final disposition of this action, as defined in paragraph 4, each
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Receiving Party must return all Protected Material to the Producing Party or destroy such material. As
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used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries,
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and any other format reproducing or capturing any of the Protected Material. Whether the Protected
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Material is returned or destroyed, the Receiving Party must submit a written certification to the
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Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline
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that (1) identifies (by category, where appropriate) all the Protected Material that was returned or
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destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations,
FINAL DISPOSITION
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summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding
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this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,
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deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
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expert reports, attorney work product, and consultant and expert work product, even if such materials
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contain Protected Material. Any such archival copies that contain or constitute Protected Material
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remain subject to this Protective Order as set forth in Section 4 (DURATION).
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: February 16, 2021
/s/ Michael Afar
Michael Afar
Attorneys for Defendant
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DATED: February 16, 2021
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/s/ Ryan Crist
Ryan Crist
Attorneys for Plaintiff
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: 2/17/2021
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_____________________________________
United States District Judge
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, __________________________________________________ [print or type full name], of
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_________________________________________________ [print or type full address], declare under
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penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was
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issued by the United States District Court for the Northern District of California on _______________,
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2021 in the case of Christine Crump v. Hyatt Corporation, Case No. 4:20-cv-00295-HSG.
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I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
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understand and acknowledge that failure to so comply could expose me to sanctions and punishment in
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the nature of contempt. I solemnly promise that I will not disclose in any manner any information or
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item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance
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with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the Northern
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District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if
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such enforcement proceedings occur after termination of this action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone number] as my
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California agent for service of process in connection with this action or any proceedings related to
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enforcement of this Stipulated Protective Order.
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Date: ______________________________________
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER
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