One Horn Transportation, Inc. v. Brown United, Inc. ( 2019 )

! || JAMES ANDREW HINDS, JR. (SBN 71222) 2 || jhinds@jhindslaw.com RACHEL M. SPOSATO (SBN 306045) rsposato@jhindslaw.com 4 || HINDS & SHANKMAN, LLP 21257 Hawthorne Blvd., Second Floor > || Torrance, CA 90503 6 || Telephone: (310) 316-0500 Facsimile: (310) 792-5977 Attorneys for Judgment Debtor, 8 || Brown United, Inc. ? || JOSEPH CHORA (SBN 284700) 10 || joseph@chorayoungllp.com Chora Young, LLP □ 650 Sierra Madre Villa Ave., Suite 102 12 {| Pasadena, CA 91107 Telephone: (626) 744-1838 Facsimile: (626) 744-3167 14 Attorneys for Judgment Creditor, i One Horn Transportation, Inc. . 16 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 19 || ONE HORN TRANSPORTATION, 90 INC. Case No.2:19-cv-03149-VAP(MR Wx) Plaintiff, STIPULATED PROTECTIVE 99 v. ORDER 93 BROWN UNITED, INC. (MRW VERSION 4/19) 94 Defendant. CI Check if submitted without material modifications to MR'W form 25 26 || 28 1 |} 1. INTRODUCTION 2 1.1 PURPOSES AND LIMITATIONS 3 Post-judgment discovery in this action is likely to involve production of 4 || confidential, proprietary, or private information for which special protection from 5 || public disclosure and from use for any purpose other than prosecuting this litigation 6 || may be warranted. Accordingly, the parties hereby stipulate to and petition the 7 || Court to enter the following Stipulated Protective Order. The parties acknowledge 8 || that this Order does not confer blanket protections on all disclosures or responses to 9 || discovery and that the protection it affords from public disclosure and use extends 10 || only to the limited information or items that are entitled to confidential treatment 11 || under the applicable legal principles. The parties further acknowledge, as set forth 12 || in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 13 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 14 || procedures that must be followed and the standards that will be applied when a party 15 || seeks permission from the court to file material under seal. 16 1.2 GOOD CAUSE STATEMENT 17 Judgment Creditor, One Horn Transportation (hereinafter referred to as 18 || “Judgment Creditor”) contends that its judgment enforcement activities are likely to 19 || involve requests for the production of certain documents from Judgment Debtor, 20 || Brown United, Inc, (hereinafter referred to as the “Judgment Debtor”) and from the 21 || Judgment Debtor’s certified public accountant, Charles Kiu (hereinafter referred to 22 || as “Kiu”) that include, but are not limited to development, commercial, financial, 23 || technical and/or proprietary information for which special protection from public 24 || disclosure and from use for any purpose other than judgment enforcement is 25 |} warranted. Such confidential and proprietary materials and information consist of, 26 || among other things, confidential business or financial information, information 27 || regarding confidential business practices, or other confidential research, 28 || development, or commercial information (including information implicating privacy 1 || rights of third-parties), information otherwise generally unavailable to the public, or 2 || which may be privileged or otherwise protected from disclosure under state or 3 || federal statutes, court rules, case decisions, or common law. Accordingly, to 4 || expedite the flow of information, to facilitate the prompt resolution of disputes over 5 || confidentiality of requested materials, to adequately protect information the parties 6 || are entitled to keep confidential, to ensure that the parties are permitted reasonably 7 |; necessary uses of such material to effectuate collection of the underlying judgment, 8 || and serve the needs of justice, a protective order for such information is justified in 9 || this matter. It is the intent of the parties that information will not be designated as 10 || confidential for tactical reasons and that nothing be so designated without a good 11 |) faith belief that it has been maintained in a confidential, non-public manner, and 12 || there is good cause why it should not be part of the public record of this case. 13 14 15 |} 2. DEFINITIONS 16 2.1 Action: One Horn Transportation v. Brown United, Inc., United States 17 || District Court for the Central District of California, Case No.: 2:19-cv-03149- 18 || VAP(MRWx) 19 2.2 Challenging Party: a Party or Non-Party that challenges the 20 || designation of information or items under this Order. 21 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 22 || how it is generated, stored or maintained) or tangible things that qualify for 23 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 |i the Good Cause Statement. 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 26 || their support staff). Ze 28 1 2.5 Designating Party: a Party or Non-Party that designates information or 2 || items that it produces in disclosures or in responses to discovery as 3 || “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 || of the medium or manner in which it is generated, stored, or maintained (including, 6 |} among other things, testimony, transcripts, and tangible things), that are produced or 7 || generated in disclosures or responses to discovery in this matter. 8 2.7 Expert: a person with specialized knowledge or experience in a matter 9 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 || an expert witness or as a consultant in this Action. 11 2.8 House Counsel: attorneys who are employees of a party to this Action. 12 || House Counsel does not include Outside Counsel of Record or any other outside 13 i] counsel. 14 2.9 Non-Party: any natural person, partnership, corporation, association, or 15 || other legal entity not named as a Party to this action. 16 2.10 Qutside Counsel of Record; attorneys who are not employees of a □ 17 || party to this Action but are retained to represent or advise a party to this Action and 18 || have appeared in this Action on behalf of that party or are affiliated with a law firm 19 || which has appeared on behalf of that party, and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 || employees, consultants, retained experts, and Outside Counsel of Record (and their 22 || support staffs). 23 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 24 || Discovery Material in this Action. 25 2.13 Professional Vendors: persons or entities that provide litigation 26 || Support services (e.g., photocopying, videotaping, translating, preparing exhibits or 27 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 |} and their employees and subcontractors. 1 2.14 Protected Material: any Disclosure or Discovery Material that is 2 || designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery 4 || Material from a Producing Party. □ . 6 || 3. SCOPE 7 The protections conferred by this Stipulation and Order cover not only 8 |j Protected Material (as defined above), but also (1) any information copied or 9 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 10 compilations of Protected Material; and (3) any testimony, conversations, or tl || presentations by Parties or their Counsel that might reveal Protected Material. □ 12 13 || 4. DURATION 14 Until the Judgment has been deemed satisfied in full by the Parties and this 15 || Court or until the final disposition of this Action and all appeals (if applicable), 16 || information that was designated as CONFIDENTIAL or maintained pursuant to this 17 || Protective Order shall be maintained in a confidential matter and not publicly 18 || discussed or disclosed unless agreed to by the Parties or the Court pursuant to the 19 || terms herein. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180- 20 || 81 (th Cir. 2006) (distinguishing “good cause” showing for sealing documents 21 || produced in discovery from “compelling reasons” standard when merits-related 22 || documents are part of court record). Accordingly, the terms of this protective order 23 || do not extend beyond the full satisfaction of the Judgment. 24 25 || 5. DESIGNATING PROTECTED MATERIAL 26 3.1 Exercise of Restraint and Care in Designating Material for Protection. 27 || Each Party or Non-Party that designates information or items for protection under 28 || this Order must take care to limit any such designation to specific material that 1 || qualifies under the appropriate standards. The Designating Party must designate for 2 || protection only those parts of material, documents, items, or oral or written 3 || communications that qualify so that other portions of the material, documents, 4 || items, or communications for which protection is not warranted are not swept 5 || unjustifiably within the ambit of this Order. 6 Mass, indiscriminate, or routinized designations are prohibited. Designations 7 || that are shown to be clearly unjustified or that have been made for an improper 8 || purpose (e.g., to unnecessarily encumber the case development process or to impose 9 |) unnecessary expenses and burdens on other parties) may expose the Designating 10 || Party to sanctions. 11 If it comes to a Designating Party’s attention that information or items that it 12 || designated for protection do not qualify for protection, that Designating Party must □ 13 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 14 5.2 Manner and Timing of Designations. Except as otherwise provided in 15 |} this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 16 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 17 || under this Order must be clearly so designated before the material is disclosed or 18 || produced. 19 Designation in conformity with this Order requires: 20 (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 22 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 23 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a 24 || portion or portions of the material on a page qualifies for protection, the Producing 25 |; Party also must clearly identify the protected portion(s) (e.g., by making appropriate 26 || markings in the margins). 27 A Party or Non-Party that makes original documents available for 28 |} inspection need not designate them for protection until after the inspecting Party has 1 || indicated which documents it would like copied and produced. During the 2 || inspection and before the designation, all of the material made available for 3 || inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has 4 || identified the documents it wants copied and produced, the Producing Party must 5 || determine which documents, or portions thereof, qualify for protection under this 6 || Order. Then, before producing the specified documents, the Producing Party must 7 || affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 8 | If only a portion or portions of the material on a page qualifies for protection, the 9 || Producing Party also must clearly identify the protected portion(s) (e.g., by making 10 || appropriate markings in the margins). 11 (b) for testimony given in depositions that the Designating Party identify the 12 || Disclosure or Discovery Material on the record, before the close of the deposition all 13 || protected testimony. 14 (c) for information produced in some form other than documentary and for 15 || any other tangible items, that the Producing Party affix ina prominent place on the 16 || exterior of the container or containers in which the information is stored the legend 17 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 18 protection, the Producing Party, to the extent practicable, will identify the protected 19 || portion(s). 20 5.3 Inadvertent Failures to Desig nate. If timely corrected, an inadvertent 21 || failure to designate qualified information or items does not, standing alone, waive 22 || the Designating Party’s right to secure protection under this Order for such material. 23 || Upon timely correction of a designation, the Receiving Party must make reasonable 24 || efforts to assure that the material is treated in accordance with the provisions of this 25 |} Order, 26 27 28 1 ||} 6, CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 || designation of confidentiality at any time that is consistent with the Court’s 4 || Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party will initiate the dispute 6 || resolution process, however, following the first dispute raised by the Challenging 7 || Party, it is the Designating party’s responsibility to initiate a challenge proceeding if 8 || the meet and confer process is unsuccessful (and, if necessary, file a discovery 9 || motion) under Local Rule 37.1 et seq. For any subsequent dispute, it will be the 10 || Challenging Party’s responsibility to initiate a challenge proceeding if the meet and 11 || confer process ts unsuccessful (and, if necessary, file a discovery motion). The 12 || burden of the initiating a challenging proceeding (and if necessary file a discovery 13 || motion) will go back and forth between the Designating and Challenging party 14 || switching for each challenge. 15 6.3 The burden of persuasion in any such challenge proceeding will be on 16 || the Designating Party. Frivolous challenges, and those made for an improper || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 || parties) may expose the Challenging Party to sanctions. Unless the Designating 19 || Party has waived or withdrawn the confidentiality designation, all parties will 20 || continue to afford the material in question the level of protection to which it is 21 |} entitled under the Producing Party’s designation until the Court rules on the 22 || challenge, If it is the Designating party’s burden to initiate a challenging proceeding, 23 || but he does not initiate a challenge proceeding with 30 days of the unsuccessful 24 || meet and confer, the status of confidentially will no longer apply to the information 25 || at issue. 26 However, if it is the Challenging party’s burden to initiate a challenging 27 || proceeding but he does not, the initiate a challenging proceeding within 30 days of 28 § 1 || the unsuccessful meet and confer, the status of the confidentiality remains on the 2 || information at issue. 3 □ 417. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material (and 6 || the information contained within) that is disclosed or produced by another Party or 7 || by a Non-Party in connection with this Action only for attempting to collect on the 8 || Judgment issued in this Action. Such Protected Material may be disclosed only to 9 || the categories of persons and under the conditions described in this Order. When the 10 || Judgment has been satisfied or the Action, and its appeals (if applicable), have 11 || reached final disposition, a Receiving Party must comply with the provisions of | 12 || section 13 below (FINAL DISPOSITION), 13 Protected Material must be stored and maintained by a Receiving Party at a 14 || location and in a secure manner that ensures that access is limited to the persons 15 || authorized under this Order. 16 In the event that the Receiving party initiates a separate action against the 17 || Designating party, or any other third party, the Protected material will be treated in 18 |} the same manner as it was treated in this enforcement action. 19 20 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 || otherwise ordered by the court or permitted in writing by the Designating Party, a 23 || Receiving Party may disclose any information or item designated 24 |) “CONFIDENTIAL?” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 26 || well as employees of said Outside Counsel of Record to whom it is reasonably 27 || necessary to disclose the information for this Action; 28 1 (b) the officers, directors, and employees (including House Counsel) of 2 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 || disclosure is reasonably necessary for this Action and who have signed the 5 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the Court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 || Vendors to whom disclosure is reasonably necessary for this Action and who have 10 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 |} custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 14 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they 16 || will not be permitted to keep any confidential information unless they sign the 17 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 |] agreed by the Designating Party or ordered by the court. Pages of transcribed 19 || deposition testimony or exhibits to depositions that reveal Protected Material may 20 || be separately bound by the court reporter and may not be disclosed to anyone except 21 || as permitted under this Stipulated Protective Order; (i) any mediator or settlement officer, and their supporting personnel, : 23 || mutually agreed upon by any of the parties engaged in settlement discussions; 24 - (j) the United States Marshal’s office with the United States District Court 25 || for the District of California, and their staff in connection with the execution of a 26 || Judgment collection effort and/or collection. Any person in this subcategory is 27 || expressly exempt from signing the “Acknowledginent and Agreement to Be Bound” 28 || (Exhibit A); and 10 i (kk) any process server company, and their staff, who have been employed 2 || for the purposes of serving any writ, levy, garnishment, etc. or providing documents 3 || to the U.S. Marshal’s office for purposes of judgment collection. Any person in this 4 || subcategory is expressly exempt from signing the “Acknowledgment and 5 || Agreement to Be Bound” (Exhibit A), , 8 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 9 || IN OTHER LITIGATION 10 If'a Party is served with a subpoena or a court order issued in other litigation 11 {| that compels disclosure of any information or items designated in this Action as 12 || “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification 14 |} will include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 || to issue in the other litigation that some or all of the material covered by the 17 || subpoena or order is subject to this Protective Order. Such notification will include - 18 || acopy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 |} pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22. || the subpoena or court order will not produce any information designated in this 23 |j action as “CONFIDENTIAL” before a determination by the court from which the 24 || subpoena or order issued, unless the Party has obtained the Designating Party’s 25 || permission. The Designating Party will bear the burden and expense of seeking 26 || protection in that court of its confidential material and nothing in these provisions 27 || should be construed as authorizing or encouraging a Receiving Party in this Action 28 |} to disobey a lawful directive from another court. il 249. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 3 || PRODUCED IN THIS LITIGATION 4 (a) The terms of this Order are applicable to information produced by a 5 || Non-Party in this Action and designated as “CONFIDENTIAL.” Suchinformation _ 6 || produced by Non-Parties in connection with this litigation is protected by the 7 || remedies and relief provided by this Order. Nothing in these provisions should be 8 |) construed as prohibiting a Non-Party from seeking additional protections. 9 (bd) In the event that a Party is required, by a valid discovery request, to 10 || produce a Non-Party’s confidential information in its possession, and the Party is 11 || subject to an agreement with the Non-Party not to produce the Non-Party’s □ 12 || confidential information, then the Party will: 13 (1) promptly notify in writing the Requesting Party and the Non-Party 14 || that some or all of the information requested is subject to a confidentiality 15 jj agreement with a Non-Party; : 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 || specific description of the information requested; and 19 | (3) make the information requested available for inspection by the 20 || Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 22 || 14 days of receiving the notice and accompanying information, the Receiving Party 23 || may produce the Non-Party’s confidential information responsive to the discovery 24 || request. If the Non-Party timely seeks a protective order, the Receiving Party will 25 || not produce any information in its possession or control that is subject to the 26 |) confidentiality agreement with the Non-Party before a determination by the court. 27 || Absent a court order to the contrary, the Non-Party will bear the burden and expense 28 || of seeking protection in this court of its Protected Material. 12 1 |} 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 Ifa Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 |} Protected Material to any person or in any circumstance not authorized under this 4 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 | persons to whom unauthorized disclosures were made of all the terms of this Order, 8 || and (d) request such person or persons to execute the “Acknowledgment and . 9 || Agreement to Be Bound” that is attached hereto as Exhibit A, 10 11 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 || PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 || inadvertently produced material is subject to a claim of privilege or other protection, {5 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever 17 || procedure may be established in an e-discovery order that provides for production 18 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 19. |] (€), insofar as the parties reach an agreement on the effect of disclosure of a 20 || communication or information covered by the attorney-client privilege or work 21 || product protection, the parties may incorporate their agreement in the stipulated 22 || protective order submitted to the court. 23 24 |) 12. MISCELLANEOUS 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 |} person to seek its modification by the Court in the future. 27 12.2 Right to Assert Other Objections. By stipulating to the entry of this 28 || Protective Order no Party waives any right it otherwise would have to object to 13 1 disclosing or producing any information or item on any ground not addressed in this 2 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 3 || ground to use in evidence of any of the material covered by this Protective Order. 4 12.3 Filing Protected Material, A Party that seeks to file under seal any 5 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 6 || only be filed under seal pursuant to a court order authorizing the sealing of the 7 || specific Protected Material at issue. If a Party's request to file Protected Material 8 || under seal is denied by the court, then the Receiving Party may file the information 9 || in the public record unless otherwise instructed by the court. 10 11 || 13. FINAL DISPOSITION 12 After the final disposition of this Action, as defined in paragraph 4, within 60 13 || days of a written request by the Designating Party, each Receiving Party must return 14 |} all Protected Material to the Producing Party or destroy such material. As used in 15 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 |} summaries, and any other format reproducing or capturing any of the Protected 17 || Material. Whether the Protected Material is returned or destroyed, the Receiving 18 |} Party must submit a written certification to the Producing Party (and, if not the same 19 |) person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 20 || (by category, where appropriate) all the Protected Material that was returned or 21 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 22 |; abstracts, compilations, summaries or any other format reproducing or capturing any 23 |; of the Protected Material. Notwithstanding this provision, Counsel are entitled to |] retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 25 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 26 || reports, attorney work product, and consultant and expert work product, even if such 27 || materials contain Protected Material. Any such archival copies that contain or 28 || constitute Protected Material remain subject to this Protective Order as set forth in 14 1 || Section 4 (DURATION). Additionally, any Protected Material or the unredacted 2 || portion of the Protected Material, filed in a motion or otherwise placed in the public 3 || domain in accordance with this Protective Order, loses its designation as Protected 4 || Material and is no longer subject to the protections of this Protective Order. Those 5 || portion(s) of the Protected Material redacted, but part of the filed and/or publicly 6 || disclosed document, will maintain its Confidential status. 8 || 14. Any willful violation of this Order may be punished by civil or criminal 9 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 10 || authorities, or other appropriate action at the discretion of the Court. 11 12 || ITIS SO STIPULATED, THROUGH COONS RECORD. 13 fy || DATED: $/ 26/044 Ab □□ Le semen Creditor, 16 / patEp: □ 18 Attorneys for Judgment Debtor, 19 Rachel M Sposato 20 21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 24 || DATED: August 23, 2019 Li lit 25 United States Magisirate Joss 26 27 28 15 1 || Section 4 (DURATION). Additionally, any Protected Material or the unredacted |] portion of the Protected Material, filed in a motion or otherwise placed in the public 3 || domain in accordance with this Protective Order, loses its designation as Protected 4 || Material and is no longer subject to the protections of this Protective Order. Those 5 |) portion(s) of the Protected Material redacted, but part of the filed and/or publicly 6 || disclosed document, will maintain its Confidential status. 4 8 || 14. Any willful violation of this Order may be punished by civil or criminal 9 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 10 || authorities, or other appropriate action at the discretion of the Court. 1] 12 |} ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 || DATED: is uae tor Judgment Creditor, * "| DATED: {-at-L9 Laat PIT sig : Rachel A Sposa Re 20 21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 24 || DATED; August 23, 2019 Ll Ui 25 United Staies Magisirate Judge 26 28 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 . 4 I, [full name], of 5 |) [full address], declare under penalty of perjury that I have read in its entirety and : 6 |) understand the Stipulated Protective Order that was issued by the United States 7 |) District Court for the Central District of California on [date] in the case of 8 [insert case name and number]. | agree to comply with and to be 9 || bound by all the terms of this Stipulated Protective Order and I understand and 10 || acknowledge that failure to so comply could expose me to sanctions and punishment 11 || in the nature of contempt. I solemnly promise that I will not disclose in any manner {2 || any information or item that is subject to this Stipulated Protective Order to any 13 || person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 || for the Central 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. [hereby appoint . □□□□□ 18 |) name] of [full address and 19 || telephone number] as my California agent for service of process in connection with 20 || this action or any proceedings related to enforcement of this Stipulated Protective 21 || Order, |). Date: 23 || City and State where signed: 24 25 || Printed name: 26 27 || Signature: 28 16 i Certificate of Service 2 | am employed in Torrance, California. | am over the age of 18 and not a party to this action; my business address is 21257 Hawthorne Blvd., Second Floor, Torrance, CA 90503. 3 4 | hereby certify that on August 21, 2019, | served STIPULATED PROTECTIVE ORDER on the following parties or counsel of record: 5 SEE ATTACHED SERVICE LIST 6 x To Be Served By the Court Via Notice of Electronic Filing (NEF/ECF): Pursuant to q controlling General Orders and LBR, the foregoing document was served by the court g via NEF and hyperlink to the document. *. . . . ___—sC«iBy Placing the _ original ___ an accurate copy in sealed envelope(s) to the 10 notification address(es) of record and sending by: I ____—iU.S. Mail: | arranged for the envelope(s) to be delivered by first-class mail. | 2 am readily familiar with the firm’s practice of collection and processing of First Class Mail. It is deposited with the Postal Service on the same day with 13 postage thereon fully prepaid at Torrance, California in the ordinary course of business and deposited in a mailbox or other like facility regularly maintained 14 by the United States Postal Service. IS __-~—- Overnight Delivery: | arranged for the envelope(s) to be delivered by overnight 16 delivery by close of business of the next business day. | am readily familiar with the firm’s practice of collection and processing parcels for overnight 17 carrier. They are deposited with the overnight carrier or at a location authorized to receive parcels on behalf of the overnight carrier on the same 18 day, fully prepaid at Torrance, California in the ordinary course of business. 19 | declare under penalty of perjury and the laws of the State of California that the 9 || above is true and correct. 21 Executed on this 21st day of August 2019,vin Torrance, California ze | gi / fo a MAYRA DURAN 24 25 26 a 28 Service List I One Horn Transportation, Inc. v. Brown-United, Inc. 5 2:19-cv-03149-VAP-MRW 3 || To Be Served By the Court Via Notice of Electronic Filing (NEF/ECF): 4 e Joseph Chora 5 joseph@chorayoungllp.com e Rachel M Sposato 6 rsposato@jhindslaw.com,mduran@jhindslaw.com 7 8 9 10 12 14 15 16 lf 18 19 20 21 22 23 24 25 26 27 28