Block v. Merced Food Center ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 HENDRIK BLOCK, Case No. 1:19-cv-00969-AWI-SAB 11 Plaintiff, ORDER ENTERING STIPULATED PROTECTIVE ORDER 12 v. (ECF No. 24) 13 MERCED FOOD CENTER, et al., 14 Defendants. 15 16 STIPULATION FOR ENTRY OF PROTECTIVE ORDER 17 COMES NOW, Plaintiff HENDRIK BLOCK (herein “Plaintiff”) by and through his 18 counsel of record TANYA MOORE of the MOORE LAW FIRM; and Defendants, MERCED 19 FOOD CENTER and HAMID YAHYA, by and through their counsel of record ROGER S. 20 BONAKDAR of the BONAKDR LAW FIRM, stipulate and agree herein as follows: 21 WHEREAS the parties in this action pending before the United States District Court for 22 the Eastern District of California, entitled Block v Merced Food Center, et al; Case No. 1:19-CV- 23 00969-AWI-SAB (herein “Action”,) anticipate that during the course of resolving this Action, 24 disclosure of Defendants’ privileged CASp Report may occur to Plaintiff and/or his counsel of 25 record herein. The parties wish to protect the confidentiality of the CASp Report or information 26 contained therein, from disclosure to third party persons, or persons not directly involved in this 27 Action. /// 1 Therefore, the parties stipulate and agree to the following terms, and respectfully request 2 that the Court approve and enter the following proposed Protective Order Re Confidentiality of 3 the CASp Report. 4 WHEREAS, this is an action for violation of the Americans with Disabilities Act on the 5 premises of Merced Food Center, located at 1150 Martin Luther King Jr. Way, Merced, 6 California (herein “Premises”). 7 WHEREAS, Defendants are in possession of a CASp report, which contains privileged, 8 confidential, and private information as to the Premises. 9 WHEREAS the parties are in the process of resolving this matter, and in the process of 10 resolving this matter, Plaintiff and/or his counsel has requested a copy of the privileged CASp 11 Report. 12 THEREFORE it is stipulated and agreed that Defendants will provide Plaintiff by and 13 through his counsel of record, with a true and correct copy of their CASp Report for the 14 Premises. 15 THEREFORE, it is further stipulated and agreed that the Premises’ CASp Report, or any 16 of its contents, shall not be disclosed to any person and/or entity other than Plaintiff and/or his 17 counsel, for any purposes. 18 THEREFORE, it is further stipulated and agreed that neither Plaintiff nor Plaintiff’s 19 counsel shall disclose or share Defendants’ CASp Report, or any portion thereof, with any 20 person not expressly identified herein. This includes a prohibition on copies or circulation of the 21 CASp Report or any part thereof. 22 THEREFORE, it is further stipulated and agreed that after disposition of this matter, the 23 CASp Report shall remain confidential. 24 THEREFORE, it is further stipulated and agreed that should Plaintiff and/or his counsel 25 learn that, by mistake, inadvertence, or otherwise, that the CASp Report has been disclosed to an 26 unauthorized person or entity, Plaintiff and/or his counsel shall use their best efforts to retrieve 27 all unauthorized disclosures and/or unauthorized copies of the CASp Report. 1 THEREFORE, it is further stipulated and agreed that the Court shall retain jurisdiction 2 over all persons to be bound by the terms of this Protective Order, during the pendency of this 3 action and for such time thereafter as is needed to carry out its terms. 4 The prevailing party in any effort to enforce this Order shall be entitled to reasonable 5 attorney’s fees and costs. 6 IT IS FURTHER STIPULATED that this stipulation may be executed in multiple 7 counterparts, and that said counterparts (when offered together) shall constitute a fully executed 8 original. In this regard, signatures by facsimile shall be given the same force and effect as 9 originals. 10 IT IS SO STIPULATED. 11 Date: March ___, 2020 MOORE LAW FIRM, P.C. 12 /S/ Tanya Moore 13 Tanya Moore 14 Attorney for Plaintiff, 15 HENDRIK BLOCK 16 17 Date: March ____, 2020 BONAKDAR LAW FIRM 18 19 /S/ Roger S. Bonakdar 20 ROGER S. BONAKDAR 21 Attorney for Defendants, 22 MERCED FOOD CENTER and 23 HAMID YAHYA 24 /// 25 /// 26 /// 27 /// 1 ORDER ENTERING STIPULATED PROTECTIVE ORDER 2 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 3 1. The above stipulated protective order is entered; 4 2. The parties are advised that pursuant to the Local Rules of the United States 5 District Court, Eastern District of California, any documents which are to be filed 6 under seal will require a written request which complies with Local Rule 141; 7 3. The party making a request to file documents under seal shall be required to show 8 good cause for documents attached to a nondispositive motion or compelling 9 reasons for documents attached to a dispositive motion. Pintos v. Pacific 10 Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009); and 11 4. If a party’s request to file Protected Material under seal is denied by the Court, 12 then the previously filed material shall be immediately accepted by the court and 13 become information in the public record and the information will be deemed filed 14 as of the date that the request to file the Protected Information under seal was 15 made. 16 17 IT IS SO ORDERED. OF. ee 1g | Dated: _March 24, 2020_ Oe 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28