Trevino v. Golden State FC LLC ( 2019 )

mmaryott@gibsondunn.com 2 ASHLEY ALLYN, SBN 254559 aallyn@gibsondunn.com 3 GIBSON, DUNN & CRUTCHER LLP 3161 Michelson Drive 4 Irvine, CA 92612-4412 Telephone: 949.451.3800 5 Facsimile: 949.451.4220 JASON C. SCHWARTZ (admitted pro hac vice) 6 jschwartz@gibsondunn.com GIBSON, DUNN & CRUTCHER LLP 7 1050 Connecticut Avenue, N.W. Washington, DC 20036-5306 8 Telephone: 202.955.8500 Facsimile: 202.467.0539 9 KATHERINE V.A. SMITH, SBN 247866 10 ksmith@gibsondunn.com HELEN AVUNJIAN, SBN 300284 11 havunjjian@gibsondunn.com GIBSON, DUNN & CRUTCHER LLP 12 333 South Grand Avenue Los Angeles, CA 90071-3197 13 Telephone: 213.229.7000 Facsimile: 213.229.7520 14 Attorneys for Defendants GOLDEN STATE FC LLC (now known as AMAZON.COM SERVICES, INC.); 15 AMAZON.COM, INC.; and AMAZON FULFILLMENT SERVICES, INC. (now known as AMAZON.COM 16 SERVICES, INC.) 17 [Additional Counsel Continued on Next Page] 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 JUAN TREVINO, CHRISTOPHER WARD, Lead Case No. 1:18-cv-00120-DAD-BAM LINDA QUINTEROS, ROMEO PALMA, Member Case No: 1:18-cv-00121-DAD-BAM 21 BRITTANY HAGMAN, ALBERTO Member Case No: 1:18-cv-00567-DAD-BAM GIANINI, and JUAN C. AVALOS, on behalf 22 of themselves and all others similarly situated, Member Case No: 1:18-cv-01176-DAD-BAM Member Case No: 1:17-cv-01300-DAD-BAM Plaintiffs, 23 v. STIPULATED PROTECTIVE ORDER 24 GOLDEN STATE FC LLC, a Delaware Limited Liability Company; AMAZON.COM 25 INC., a Delaware Corporation, AMAZON FULFILLMENT SERVICES, INC. a 26 Delaware Corporation, and Does 1 through 10, inclusive, 27 Defendants. 28 peter@dion-kindemlaw.com 2 THE DION-KINDEM LAW FIRM PETER R. DION-KINDEM, P.C. 3 2945 Townsgate Road, Suite 200 Westlake Village, CA 91361 4 Telephone: 818.883.4900 Facsimile: 858 404.9203 5 LONNIE C. BLANCHARD, III, SBN 93530 6 lonnieblanchard@gmail.com THE BLANCHARD LAW GROUP, APC 7 3578 East Foothill Boulevard, Suite 338 Pasadena, CA 91107 8 Telephone: 213.599.8255 Facsimile: 213.402.3949 9 Attorneys for Plaintiff Juan Trevino 10 DAVID YEREMIAN, SBN 226337 david@yeremianlaw.com 11 ALVIN B. LINDSAY, SBN 220236 alvin@yeremianlaw.com 12 DAVID YEREMIAN & ASSOCIATES, INC. 535 North Brand Boulevard, Suite 705 13 Glendale, CA 91203-1989 Telephone: 818.230.8380 14 Facsimile: 818.230.0308 15 Attorneys for Plaintiffs Christopher Ward and Linda Quinteros 16 JAMES HAWKINS, SBN 192925 17 james@jameshawkinsaplc.com ISANDRA FERNANDEZ, SBN 220482 18 Isandra@jameshawkinsaplc.com JAMES HAWKINS APLC 19 9880 Research Drive, Suite 200 Irvine, CA 92618 20 Telephone: 949.387.7200 Facsimile: 949.387.6676 21 Attorneys for Plaintiff Juan C. Avalos 22 JOSHUA H. HAFFNER, SBN 188652 jhh@haffnerlawyers.com 23 GRAHAM G. LAMBERT, SBN 303056 gl@haffnerlawyers.com 24 HAFFNER LAW PC 445 South Figueroa Street, Suite 2325 25 Los Angeles, CA 90071 Telephone: 213.514.5681 26 Facsimile: 213.514.5682 27 Attorneys for Plaintiff Romeo Palma 28 swestrick@westricklawfirm.com 2 THE WESTRICK LAW FIRM, P.C. 11075 Santa Monica Boulevard, Suite 125 3 Los Angeles, CA 90025 Telephone: 310.746.5303 4 Facsimile: 310.943.3373 Attorneys for Plaintiffs Brittany Hagman and 5 Alberto Gianini 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 and Local Rule 141.1 of the Local Rules of the District Court for the Eastern District of California, 3 by and between Plaintiffs Juan Trevino, Christopher Ward, Linda Quinteros, Romeo Palma, Brittany 4 Hagman, Alberto Gianini, and Juan C. Avalos and Defendants Golden State FC LLC (now known as 5 Amazon.com Services, Inc.), Amazon.com Inc., and Amazon Fulfillment Services, Inc. (now known 6 as Amazon.com Services, Inc.) (“Defendants”) (collectively, the “Parties”), by and through their 7 respective undersigned counsel of record, that in order to facilitate the exchange of information and 8 documents which may be subject to confidentiality limitations on disclosure due to federal laws, state 9 laws, and privacy rights, the Parties respectfully request that the Court sign and enter the [Proposed] 10 Order following this Stipulated Protective Order to govern the production of documents and the 11 conduct of discovery in this action. 12 1. PURPOSES AND LIMITATIONS 13 Disclosure and discovery activity in this action are likely to involve production of 14 confidential, proprietary, or private information for which special protection from public disclosure 15 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 16 the Parties hereby stipulate to and petition the court to enter the following Stipulated Protective 17 Order. The Parties acknowledge that this Order does not confer blanket protections on all disclosures 18 or responses to discovery and that the protection it affords from public disclosure and use extends 19 only to the limited information or items that are entitled to confidential treatment under the applicable 20 legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, that this 21 Stipulated Protective Order does not entitle them to file confidential information under seal; Local 22 Rule 141 sets forth the procedures that must be followed and the standards that will be applied when 23 a party seeks permission from the court to file material under seal. 24 2. DEFINITIONS 25 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 26 information or items under this Order. 27 28 2 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 3 Civil Procedure 26(c). 4 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 5 as their support staff). 6 2.4 Designating Party: a Party or Non-Party that designates information or items that it 7 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 8 2.5 Disclosure or Discovery Material: all items or information, regardless of the 9 medium or manner in which it is generated, stored, or maintained (including, among other things, 10 testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses 11 to discovery in this matter. 12 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 13 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 14 consultant in this action. 15 2.7 House Counsel: attorneys who are employees of a party to this action. House 16 Counsel does not include Outside Counsel of Record or any other outside counsel. 17 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 18 entity not named as a Party to this action. 19 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 20 action but are retained to represent or advise a party to this action and have appeared in this action on 21 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 22 2.10 Party: any party to this action, including all of its officers, directors, employees, 23 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 24 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 25 Material in this action. 26 2.12 Professional Vendors: persons or entities that provide litigation support services 27 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 28 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2 “CONFIDENTIAL.” 3 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 4 Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only Protected Material (as 7 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 8 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 9 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 10 However, the protections conferred by this Stipulation and Order do not cover the following 11 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 12 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 13 publication not involving a violation of this Order, including becoming part of the public record 14 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 15 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 16 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 17 Protected Material at trial shall be governed by a separate agreement or order. 18 4. DURATION 19 Even after final disposition of this litigation, the confidentiality obligations imposed by this 20 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 21 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 22 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 23 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time 24 limits for filing any motions or applications for extension of time pursuant to applicable law. 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 27 Party or Non-Party that designates information or items for protection under this Order must take care 28 to limit any such designation to specific material that qualifies under the appropriate standards. The 2 oral or written communications that qualify. Mass, indiscriminate, or routinized designations are 3 prohibited. 4 If Designating Party learns that information or items that it designated for protection do not 5 qualify for protection, that Designating Party must promptly notify all other Parties that it is 6 withdrawing the mistaken designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 8 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 9 or Discovery Material that qualifies for protection under this Order must be clearly so designated 10 before the material is disclosed or produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic documents, but 13 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 14 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 15 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 16 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents or materials available for inspection 18 need not designate them for protection until after the inspecting Party has indicated which material it 19 would like copied and produced. During the inspection and before the designation, all the material 20 made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 21 identified the documents it wants copied and produced, the Producing Party must determine which 22 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 23 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 24 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 25 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 (b) for testimony given in deposition or in other pretrial or trial proceedings, that 28 the Designating Party shall either (1) identify on the record, before the close of the deposition, 2 “confidential” (before the proceedings is concluded) with the right to identify more specific portions 3 of the testimony as to which protection is sought within 30 days following receipt of the deposition 4 transcript. 5 (c) for information produced in some form other than documentary and for any 6 other tangible items, that the Producing Party shall affix in a prominent place on the exterior of the 7 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” If 8 only a portion or portions of the information or item warrant protection, the Producing Party, to the 9 extent practicable, shall identify the protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 11 designate qualified information or items does not waive the Designating Party’s right to secure 12 protection under this Order for such material. Upon timely correction of a designation, the Receiving 13 Party must make reasonable efforts to assure that the material is treated in accordance with the 14 provisions of this Order. The Receiving Party shall also promptly destroy or return the inadvertently 15 produced material, and all copies thereof, and shall retain only the materials designated as 16 “confidential.” 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 19 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 20 designation is necessary to avoid substantial unfairness, unnecessary economic burdens, or a 21 significant disruption or delay of the litigation, a Party does not waive its right to challenge a 22 confidentiality designation by electing not to mount a challenge promptly after the original 23 designation is disclosed. 24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 25 by providing written notice of each designation it is challenging and describing the basis for each 26 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 27 recite that the challenge to confidentiality is being made in accordance with this specific paragraph of 28 the Protective Order. The Parties shall attempt to resolve each challenge in good faith and must begin 2 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for 3 its belief that the confidentiality designation was not proper and must give the Designating Party an 4 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 5 designation is offered, to explain the basis for the chosen designation. A Challenging Party may 6 proceed to the next stage of the challenge process only if it has engaged in this meet and confer 7 process first or establishes that the Designating Party is unwilling to participate in the meet and 8 confer process in a timely manner. 9 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 10 intervention, the Designating Party shall file and serve a motion to retain confidentiality (and in 11 compliance with Local Rule 141, if applicable) within 30 calendar days of the initial notice of 12 challenge or within 21 calendar days of the Parties agreeing that the meet and confer process will not 13 resolve their dispute, whichever is later. Each such motion must be accompanied by a competent 14 declaration affirming that the movant has complied with the meet and confer requirements imposed 15 in the preceding paragraph. Failure by the Designating Party to make such a motion including the 16 required declaration within 30 calendar days (or 21 calendar days, if applicable) shall automatically 17 waive the confidentiality designation for each challenged designation. In addition, the Challenging 18 Party may file a motion challenging a confidentiality designation at any time if there is good cause 19 for doing so, including a challenge to the designation of a deposition transcript or any portions 20 thereof. Any motion brought pursuant to this provision must be accompanied by a competent 21 declaration affirming that the movant has complied with the meet and confer requirements imposed 22 by the preceding paragraph. The burden of persuasion in any such challenge proceeding shall be on 23 the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 24 or impose unnecessary expenses and burdens on other Parties) may expose the Challenging Party to 25 sanctions. Unless and until the Designating Party has waived the confidentiality designation by 26 failing to file a motion to retain confidentiality as described above, all Parties shall continue to afford 27 the material in question the level of protection to which it is entitled under the Producing Party’s 28 designation until the court rules on the challenge. 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation, and for no other purposes and no other client. Such 5 Protected Material may be disclosed only to the categories of persons and under the conditions 6 described in this Order. When the litigation has been terminated, a Receiving Party must comply with 7 the provisions of section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and in a 9 secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 16 Bound” that is attached hereto as Exhibit A; 17 (b) the officers, directors, and employees (including House Counsel) of the 18 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 19 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) (i) to whom disclosure is reasonably 21 necessary for this litigation and (ii) who have signed the “Acknowledgment and Agreement to Be 22 Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock 25 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 26 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) during their depositions, witnesses in the action to whom disclosure is 28 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 2 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 3 separately bound by the court reporter and may not be disclosed to anyone except as permitted under 4 this Stipulated Protective Order. 5 (g) the author or recipient of a document containing the information or a custodian 6 or other person who otherwise possessed or knew the information. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 8 LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation that compels 10 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 11 must: 12 (a) promptly notify in writing the Designating Party. Such notification shall 13 include a copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to issue 15 in the other litigation that some or all of the material covered by the subpoena or order is subject to 16 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 18 Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 20 court order shall not produce any information designated in this action as “CONFIDENTIAL” before 21 a determination by the court from which the subpoena or order issued, unless the Party has obtained 22 the Designating Party’s permission. The Designating Party shall bear the burden and expense of 23 seeking protection in that court of its confidential material – and nothing in these provisions should 24 be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful 25 directive from another court. 26 27 28 2 THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- Party 4 in this action and designated as “CONFIDENTIAL.” Such information produced by Non- Parties in 5 connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 7 protections. 8 (b) If a Party is required, by a valid discovery request, to produce a Non- Party’s 9 confidential information in its possession, and the Party is subject to an agreement with the Non- 10 Party not to produce the Non-Party’s confidential information, then the Party shall: 11 1) promptly notify in writing the Requesting Party and the Non-Party that 12 some or all of the information requested is subject to a confidentiality agreement with a Non- Party; 13 2) promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific 15 description of the information requested; and 16 3) make the information requested available for inspection by the Non- 17 Party. 18 (c) If the Non-Party fails to object or seek a protective order from this court within 19 14 days of receiving the notice and accompanying information, the Receiving Party may produce the 20 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 21 seeks a protective order, the Receiving Party shall not produce any information in its possession or 22 control that is subject to the confidentiality agreement with the Non-Party before a determination by 23 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 24 seeking protection in this court of its Protected Material. 25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 27 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 28 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 2 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 3 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 4 Bound” that is attached hereto as Exhibit A. 5 11. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 6 The Parties specifically incorporate by reference the Stipulated Rule 502(d) Order 7 concurrently submitted to the Court. 8 12. MISCELLANEOUS 9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 10 seek its modification by the court in the future. 11 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 12 Order no Party waives any right it otherwise would have to object to disclosing or producing any 13 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 14 Party waives any right to object on any ground to use in evidence of any of the material covered by 15 this Protective Order. 16 12.3 Filing Protected Material. Without written permission from the Designating Party or 17 a court order secured after appropriate notice to all interested persons, a Party may not file in the 18 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 19 Material must comply with Local Rule 141. Protected Material may only be filed under seal pursuant 20 to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Local 21 Rule 141, a sealing order will issue only upon a request establishing that the Protected Material at 22 issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a 23 Receiving Party's request to file Protected Material under seal pursuant to Local Rule is denied by the 24 court, then the Receiving Party may file the information in the public record pursuant to Local Rule 25 141 unless otherwise instructed by the court. 26 13. FINAL DISPOSITION 27 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 28 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 2 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 3 the Protected Material is returned or destroyed, the Receiving Party must submit a written 4 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by 5 the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that 6 was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 8 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 9 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 10 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 11 and expert work product, even if such materials contain Protected Material. Any such archival copies 12 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 13 Section 4 (for the duration of 1 year). 14 IT IS SO STIPULATED. 15 16 Dated: September 17, 2019 17 MICHELE L. MARYOTT JASON C. SCHWARTZ 18 KATHERINE V.A. SMITH ASHLEY ALLYN 19 HELEN AVUNJIAN GIBSON, DUNN & CRUTCHER LLP 20 21 By: /s/ Katherine V.A. Smith 22 Attorneys for Defendants GOLDEN STATE FC LLC (now known as AMAZON.COM SERVICES, INC.); 23 AMAZON.COM, INC.; and AMAZON FULFILLMENT SERVICES, INC. (now known as AMAZON.COM 24 SERVICES, INC.) 25 26 27 28 2 PETER R. DION-KINDEM THE DION-KINDEM LAW FIRM 3 4 By: /s/ Peter R. Dion-Kindem as authorized on 9/17/19 5 LONNIE C. BLANCHARD, III THE BLANCHARD LAW GROUP, APC 6 7 By: /s/ Lonnie C. Blanchard, III as authorized on 9/17/19 8 Attorneys for Plaintiff JUAN TREVINO 9 Dated: September 17, 2019 10 DAVID YEREMIAN ALVIN B. LINDSAY 11 DAVID YEREMIAN & ASSOCIATES, INC. 12 By: /s/ Alvin B. Lindsay as authorized on 9/17/19 13 Attorneys for Plaintiffs CHRISTOPHER WARD and 14 LINDA QUINTEROS 15 Dated: September 17, 2019 16 JAMES HAWKINS ISANDRA FERNANDEZ 17 JAMES HAWKINS APLC 18 By: /s/ Isandra Fernandez as authorized on 9/17/19 19 Attorneys for Plaintiff JUAN C. AVALOS 20 21 Dated: September 17, 2019 22 JOSHUA H. HAFFNER GRAHAM G. LAMBERT 23 HAFFNER LAW PC 24 By: /s/ Joshua H. Haffner as authorized on 9/17/19 25 Attorneys for Plaintiff ROMEO PALMA 26 27 28 2 SHAWN C. WESTRICK THE WESTRICK LAW FIRM, P.C. 3 4 By: /s/ Shawn C. Westrick as authorized on 9/17/19 5 Attorneys for Plaintiffs BRITTANY HAGMAN and ALBERTO GIANINI 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _________________________________________ [print or type full name], of 4 __________________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Eastern District of California on [date] in the 7 case of Juan Trevino v. Golden State FC LLC et al., Lead Case No. 18-cv-00120-DAD-BAM. I agree 8 to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand 9 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or item 11 that is subject to this Stipulated Protective Order to any person or entity except in strict compliance 12 with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 15 if such enforcement proceedings occur after termination of this action. 16 I hereby appoint _____________________________________ [print or type full name] of 17 _________________________________________________________________ [print or type full 18 address and telephone number] as my California agent for service of process in connection with this 19 action or any proceedings related to 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 2 The Court adopts the stipulated protective order submitted by the parties. The parties are advised that 3 pursuant to the Local Rules of the United States District Court, Eastern District of California, any 4 documents subject to this protective order to be filed under seal must be accompanied by a written 5 request which complies with Local Rule 141 prior to sealing. The party making a request to file 6 documents under seal shall be required to show good cause for documents attached to a non- 7 dispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos v. 8 Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) days of any approved 9 document filed under seal, the party shall file a redacted copy of the sealed document. The redactions 10 shall be narrowly tailored to protect only the information that is confidential or was deemed 11 confidential. Also, the parties shall consider resolving any dispute arising under this protective order 12 according to the Court’s informal discovery dispute procedure. 13 14 IT IS SO ORDERED. 15 Dated: September 20, 2019 /s/ Barbara A. McAuliffe _ 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28