Tornincasa v. Liberty Life Assurance Co. of Boston ( 2020 )

1 Jenny H. Wang CA Bar No. 191643 jenny.wang@ogletree.com 2 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 3 Park Tower, Fifteenth Floor 695 Town Center Drive 4 Costa Mesa, CA 92626 Telephone: 714-800-7900 5 Facsimile: 714-754-1298 6 Attorneys for Defendant Liberty Life Assurance Company of Boston 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 DIANE R. TORNINCASA, Case No. 2:19-CV-02002-MCE-KJN 13 Plaintiff, CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER 14 v. Complaint 15 Filed: October 3, 2019 LIBERTY LIFE ASSURANCE Trial Date: None Set COMPANY OF BOSTON, 16 17 Defendant. 18 19 20 21 22 23 24 25 26 Tornincasa 19- 2002.stip Protective Order 27 28 1 Pursuant to the stipulation of the parties, by and through their counsel of 2 record, with good cause shown, IT IS HEREBY ORDERED as follows: 3 1. PURPOSES AND LIMITATIONS. 4 Disclosure and discovery activity in this action are likely to involve 5 production of confidential, proprietary, or private information for which special 6 protection from public disclosure and from use for any purpose other than 7 prosecuting this litigation would be warranted. Accordingly, the parties hereby 8 jointly move the Court to enter the following Protective Order. The parties 9 acknowledge that this Order does not confer blanket protections on all disclosures or 10 responses to discovery and that the protection it affords extends only to the limited 11 information or items that are entitled under the applicable legal principles to 12 treatment as confidential. The parties further acknowledge, as set forth in Section 10, 13 below, that this Stipulated Protective Order creates no entitlement to file confidential 14 information under seal; Civil Local Rule 141 sets forth the procedures that must be 15 followed and the standards that will be applied when a party seeks permission from 16 the court to file material under seal. 17 Pursuant to Civil Local Rule 141(c)(1), the parties state as follows: 18 (a) Description of the Types of Information Eligible for Protection 19 Under this Order: Confidential, proprietary and/or trade secret information 20 belonging to Liberty, including but not limited to internal claims handling guidelines, 21 training materials and Liberty’s contracts with third parties. 22 (b) Particularized Need for Protection: The above information 23 requires protection insofar as it relates to private business activity of Liberty that 24 Liberty does not share with its competitors. 25 (c) Why the Need for Protection Should be Addressed by Court 26 Order: While the parties have cooperated in the drafting of this proposed protective 27 order, they seek additional judicial protections as set forth herein in order to protect Tornincasa 19- 28 the confidentiality of the private business information described above. 1 2. DEFINITIONS. 2 2.1 Party: any party to this action, including all of its officers, 3 directors, employees, consultants, retained experts, and outside counsel (and 4 their support staff). 5 2.2 Disclosure or Discovery Material: all items or information, 6 regardless of the medium or manner generated, stored, or maintained 7 (including, among other things, testimony, transcripts, or tangible things) that 8 are produced or generated in disclosures or responses to discovery in this 9 matter. 10 2.3 "Confidential" Information or Items: information (regardless 11 of how it is generated, stored or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c). 13 2.4 "Highly Confidential — Attorneys' Eyes Only" Information 14 or Items: extremely sensitive "Confidential Information or Items" whose 15 disclosure to another party or nonparty would create a substantial risk of 16 serious injury that could not be avoided by less restrictive means. 17 2.5 Receiving Party: a party that receives Disclosure or Discovery 18 Material from a Producing Party. 19 2.6 Producing Party: a party or non-party that produces Disclosure 20 or Discovery Material in this action. 21 2.7 Designating Party: a party or non-party that designates 22 information or items that it produces in disclosures or in responses to 23 discovery as "Confidential" or "Highly Confidential Attorneys' Eyes Only." 24 2.8 Protected Material: any Disclosure or Discovery Material that is 25 designated as "Confidential" or as "Highly Confidential — Attorneys' Eyes 26 Only." 27 2.9 Outside Counsel: attorneys who are not employees of a party but Tornincasa 19- 28 who are retained to represent or advise a party in this action. 1 2.10 House Counsel: attorneys who are employees of a party. 2 2.11 Counsel (without qualifier): Outside Counsel and House 3 Counsel (as well as their support staffs). 4 2.12 Expert: a person with specialized knowledge or experience in a 5 matter pertinent to the litigation who has been retained by a party or its 6 counsel to serve as an expert witness or as a consultant in this action and 7 who is not a past or a current employee of a party or of a competitor of a 8 party's and who, at the time of retention, is not anticipated to become an 9 employee of a party or a competitor of a party's. This definition includes a 10 professional jury or trial consultant retained in connection with this 11 litigation. 12 2.13 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying; videotaping; translating; preparing 14 exhibits or demonstrations; organizing, storing, retrieving data in any form or 15 medium; etc.), and their employees and subcontractors. 16 3. SCOPE. 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also any privileged information copied or 19 extracted therefrom, as well as all copies, excerpts, summaries, or compilations 20 thereof, plus testimony, conversations, or presentations by parties or counsel to or in 21 court or in other settings that might reveal Protected Material. 22 4. DURATION. 23 Even after the termination of this litigation, the confidentiality obligations 24 imposed by this Order shall remain in effect until a Designating Party agrees 25 otherwise in writing or a Court order otherwise directs. 26 5. DESIGNATING PROTECTED MATERIAL. 27 5.1 Exercise of Restraint and Care in Designating Material for Tornincasa 19- 28 Protection. Each party or non-party that designates information or items for 1 protection under this Order must take care to limit any such designation to 2 specific material that qualifies under the appropriate standards. A Designating 3 Party must take care to designate for protection only those parts of material, 4 documents, items, or oral or written communications that qualify so that other 5 portions of the material, documents, items, or communications for which 6 protection is not warranted are not swept unjustifiably within the ambit of this 7 Order. 8 Mass, indiscriminate, or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified, or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber or retard the case development process, or 11 to impose unnecessary expenses and burdens on other parties), may expose the 12 Designating Party to sanctions. 13 If it comes to a party's or a non-party's attention that information or items that 14 it designated for protection do not qualify for protection at all, or do not qualify for 15 the level of protection initially asserted, that party or non-party must promptly notify 16 all other parties that it is withdrawing the mistaken designation. 17 5.2 Manner and Timing of Designations. Except as otherwise 18 provided in this Order (see, e.g., second paragraph of section 5.2(a), below), or 19 as otherwise stipulated or ordered, material that qualifies for protection under 20 this Order must be clearly so designated before the material is disclosed or 21 produced. Designation in conformity with this Order requires: 22 (a) For information in documentary form (apart from transcripts of 23 depositions or other pretrial or trial proceedings), that the Producing Party affix the 24 Legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — ATTORNEYS' 25 EYES ONLY" on each page that contains Protected Material. If only a portion or 26 portions of the material on a page qualifies for protection, the Producing Party also 27 must clearly identify the protected portion(s) (e.g., by making appropriate markings Tornincasa 19- 28 in the margins) and must specify, for each portion, the level of protection being 1 asserted (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — 2 ATTORNEYS' EYES ONLY"). 3 A party or non-party that makes original documents or materials available 4 for inspection need not designate them for protection until after the inspecting 5 party has indicated which material it would like copied and produced. During the 6 inspection and before the designation, all of the material made available for 7 inspection shall be deemed "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL 8 ATTORNEYS' EYES ONLY." After the inspecting party has identified the 9 documents it wants copied and produced, the Producing Party must determine 10 which documents, or portions thereof, qualify for protection under this Order, then, 11 before producing the specified documents, the Producing Party must affix the 12 appropriate legend ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — 13 ATTORNEYS' EYES ONLY") on each page that contains Protected Material. If 14 only a portion or portions of the material on a page qualifies for protection, the 15 Producing Party also must clearly identify the protected portion(s) (e.g., by making 16 appropriate markings in the margins) and must specify, for each portion, the level 17 of protection being asserted (either "CONFIDENTIAL" or "HIGHLY 18 CONFIDENTIAL —ATTORNEYS' EYES ONLY"). 19 (b) For testimony given in deposition or in other pretrial or trial 20 proceedings, that the party or non-party offering or sponsoring the testimony 21 identify on the record, before the close of the deposition, hearing, or other 22 proceeding, all protected testimony, and further specify any portions of the 23 testimony that qualify as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL — 24 ATTORNEYS' EYES ONLY." When it is impractical to identify separately each 25 portion of testimony that is entitled to protection, and when it appears that 26 substantial portions of the testimony may qualify for protection, the party or non- 27 party that sponsors, offers, or gives the testimony may invoke on the record Tornincasa 19- 28 (before the deposition or proceeding is concluded) a right to have up to twenty 1 (20) days after receipt of transcripts from the court reporter to identify the specific 2 portions of the testimony as to which protection is sought and to specify the level 3 of protection being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL 4 — ATTORNEYS' EYES ONLY"). Only those portions of the testimony that are 5 appropriately designated for protection within the twenty (20) days shall be 6 covered by the provisions of this Stipulated Protective Order. 7 Transcript pages containing Protected Material must be separately bound by 8 the court reporter, who must affix to the top of each such page the legend 9 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES 10 ONLY," as instructed by the party or nonparty offering or sponsoring the witness 11 or presenting the testimony. 12 (c) For information produced in some form other than documentary, 13 and for any other tangible items, that the Producing Party affix in a prominent 14 place on the exterior of the container or containers in which the information or 15 item is stored the legend "CONFIDENTIAL" or "HIGHLY 16 CONFIDENTIAL - ATTORNEYS' EYES ONLY." If only portions of the 17 information or item warrant protection, the Producing Party, to the extent 18 practicable, shall identify the protected portions, specifying whether they qualify as 19 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES 20 ONLY." 21 (d) Depositions taken prior to the effective date of this Protective 22 Order and discovery produced prior to the effective date of the Protective Order may 23 not be retroactively designated as "CONFIDENTIAL" or "HIGHLY 24 CONFIDENTIAL — ATTORNEYS’ EYES ONLY" and are not subject to this 25 Order in any way. 26 5.3 Inadvertent Failures to Designate. If timely corrected, an 27 inadvertent failure to designate qualified information or items as Tornincasa 19- 28 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL —ATTORNEYS' 1 EYES ONLY" does not, standing alone, waive the Designating Party's right 2 to secure protection under this Order for such material. If material is 3 appropriately designated as "CONFIDENTIAL" or "HIGHLY 4 CONFIDENTIAL —ATTORNEYS' EYES ONLY" after the material was 5 initially produced, the Receiving Party, on timely notification of the 6 designation, must make reasonable efforts to assure that the material is 7 treated in accordance with the provisions of this Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS. 9 6.1 Timing of Challenges: Unless a prompt challenge to a 10 Designating Party's confidentiality designation is necessary to avoid 11 foreseeable substantial unfairness, unnecessary economic burdens, or a later 12 significant disruption or delay of the litigation, a party does not waive its 13 right to challenge a confidentiality designation by electing not to mount a 14 challenge promptly after the original designation is disclosed. However, the 15 parties agree that the outer time limit for challenging a confidentiality 16 designation shall be 30 days from the date of production. 17 6.2 Meet and Confer. A party that elects to initiate a challenge to a 18 Designating Party's confidentiality designation must do so in good faith and 19 must begin the process by conferring directly (in voice to voice dialogue; other 20 forms of communication are not sufficient) with counsel for the Designating 21 Party. In conferring, the challenging party must explain the basis for its belief 22 that the confidentiality designation was not proper and must give the 23 Designating Party an opportunity to review the designated material, to 24 reconsider the circumstances, and, if no change in designation is offered, to 25 explain the basis for the chosen designation. A challenging party may proceed 26 to the next stage of the challenge process only if it has engaged in this meet 27 and confer process first. Tornincasa 19- 28 1 6.3 Judicial Intervention. A party that elects to press a challenge 2 to a confidentiality designation after considering the justification offered by 3 the Designating Party may file and serve a motion to challenge 4 confidentiality in compliance with Civil Local Rule 230 or 251 within 21 5 days of the initial notice of challenge or within 14 days of the parties 6 agreeing that the meet and confer process will not resolve their dispute, 7 whichever is earlier. Each such motion must be accompanied by a competent 8 declaration that affirms that the movant has complied with the meet and 9 confer requirements imposed in the preceding paragraph and that sets forth 10 with specificity the justification for the confidentiality designation that was 11 given by the Designating Party in the meet and confer dialogue. 12 The burden of persuasion in any such challenge proceeding shall be on the 13 Designating Party. Until the Court rules on the challenge, all parties shall continue to 14 afford the material in question the level of protection to which it is entitled under the 15 Producing Party's designation. 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL. 17 7.1. Basic Principles. A Receiving Party may use Protected Material 18 that is disclosed or produced by another party or by a non-party in connection 19 with this case only for prosecuting, defending, or attempting to settle this 20 litigation. Such Protected Material may be disclosed only to the categories of 21 persons and under the conditions described in this Order. When the litigation 22 has been terminated, a Receiving Party must comply with the provisions of 23 section 11, below ("FINAL DISPOSITION"). Protected Material must be 24 stored and maintained by a Receiving Party at a location and in a secure 25 manner that ensures that access is limited to the persons authorized under this 26 Order. 27 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Tornincasa 19- 28 Unless otherwise ordered by the Court or permitted in writing by the 1 Designating Party, a Receiving Party may disclose any information or item 2 designated "CONFIDENTIAL" only to: 3 (a) the Receiving Party's Outside Counsel of record in this action, as 4 well as employees of said Counsel to whom it is reasonably necessary to disclose the 5 information for this litigation and who have signed the "Agreement to Be Bound by 6 Protective Order" that is attached hereto as Exhibit "A"; 7 (b) the officers, directors, and employees (including House Counsel) 8 of the Receiving Party to whom disclosure is reasonably necessary for this litigation 9 and who have signed the "Agreement to Be Bound by Protective Order" that is 10 attached hereto as Exhibit "A"; 11 (c) experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this litigation and who have signed the 13 "Agreement to Be Bound by Protective Order" that is attached hereto as Exhibit "A"; 14 (d) the Court and its personnel; 15 (e) court reporters, their staffs, and professional vendors to whom 16 disclosure is reasonably necessary for this litigation and who have signed the 17 "Agreement to Be Bound by Protective Order" that is attached hereto as Exhibit "A"; 18 (f) during their depositions, witnesses in the action to whom 19 disclosure is reasonably necessary and who have signed the "Agreement to Be 20 Bound by Protective Order" that is attached hereto as Exhibit "A". Pages of 21 transcribed deposition testimony or exhibits to depositions that reveal Protected 22 Material must be separately bound by the court reporter and may not be disclosed 23 to anyone except as permitted under this Stipulated Protective Order; and 24 (g) the author of the document or the original source of the 25 information. 26 7.3 Disclosure of "HIGHLY CONFIDENTIAL — ATTORNEYS' 27 EYES ONLY" Information or Items. Unless otherwise ordered by the Tornincasa 19- 28 Court or permitted in writing by the Designating Party, a Receiving Party may 1 disclose any information or item designated "HIGHLY CONFIDENTIAL — 2 ATTORNEYS' EYES ONLY" only to: 3 (a) the Receiving Party's Outside Counsel of record in this action, as 4 well as employees of said Counsel to whom it is reasonably necessary to disclose the 5 information for this litigation and who have signed the "Agreement to Be Bound by 6 Protective Order" that is attached hereto as Exhibit "A"; 7 (b) House Counsel of a Receiving Party to whom disclosure is 8 reasonably necessary for this litigation and who has signed the "Agreement to be 9 Bound by Protective Order" that is attached hereto as Exhibit "A"; 10 (c) Experts (as defined in this Order) to whom disclosure is 11 reasonably necessary for this litigation and who have signed the "Agreement to Be 12 Bound by Protective Order" that is attached hereto as Exhibit "A"; 13 (d) the Court and its personnel; 14 (e) court reporters, their staffs, and professional vendors to whom 15 disclosure is reasonably necessary for this litigation and who have signed the 16 "Agreement to Be Bound by Protective Order" that is attached hereto as Exhibit "A"; 17 and 18 (f) the author of the document or the original source of the 19 information. 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 21 PRODUCED IN OTHER LITIGATION. 22 If a Receiving Party is served with a subpoena or an order issued in other 23 litigation that would compel disclosure of any information or items designated in 24 this action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ATTORNEYS' 25 EYES ONLY," the Receiving Party must so notify the Designating Party, in 26 writing (by fax or electronic mail, if possible), immediately and in no event more 27 than three (3) court days after receiving the subpoena or order. Such notification Tornincasa 19- 28 must include a copy of the subpoena or court order. The Receiving Party also must 1 immediately inform, in writing, the party who caused the subpoena or order to 2 issue in the other litigation that some or all the material covered by the subpoena 3 or order is the subject of this Protective Order. In addition, the Receiving Party 4 must deliver a copy of this Protective Order promptly to the party in the other 5 action that caused the subpoena or order to issue. 6 The purpose of imposing these duties is to alert the interested parties to the 7 existence of this Protective Order and to afford the Designating Party in this case an 8 opportunity to try to protect its confidentiality interests in the court from which the 9 subpoena or order issued. The Designating Party shall bear the burdens and the 10 expenses of seeking protection in that court of its confidential material and nothing 11 in these provisions should be construed as authorizing or encouraging a Receiving 12 Party in this action to disobey a lawful directive from another court. 13 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. 14 If a Receiving Party learns that, by inadvertence or otherwise, it has 15 disclosed Protected Material to any person or in any circumstance not authorized 16 under this Protective Order, the Receiving Party must immediately (a) notify, in 17 writing, the Designating Party of the unauthorized disclosures, (b) use its best 18 efforts to retrieve all copies of the Protected Material, (c) inform the person or 19 persons to whom unauthorized disclosures were made of all the terms of this 20 Order; and (d) request such person or persons to execute the "Acknowledgment 21 and Agreement to Be Bound" that is attached hereto as Exhibit “A.” 22 10. FILING PROTECTED MATERIAL. 23 Documents designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL 24 — ATTORNEYS' EYES ONLY," and all information contained therein or 25 derived therefrom, may be discussed or referred to in pleadings, motions, 26 affidavits, briefs and other papers filed with the Court, or attached as exhibits 27 thereto, provided that such "confidential" documents and information, and any Tornincasa 19- 28 portion of any paper filed with the Court that discusses or refers to them, are 1 stamped "confidential" and separately filed provisionally under seal with the 2 Clerk of the Court. The parties recognize that Civil Local Rule 141 governs the 3 filing of documents under seal with the Court. The parties hereby agree either 4 party can request that the Court file documents under seal through an ex-parte 5 application through which the party obtains a hearing date for such a motion on 6 shortened time as allowed by the Court. The non-moving party will be provided 7 notice of the ex-parte application and the motion that is the subject of the 8 application. 9 11. FINAL DISPOSITION. 10 Unless otherwise ordered or agreed in writing by the Producing Party, upon 11 final termination of this action, each Receiving Party shall have fifteen (15) days 12 to return or destroy any Protected Material to the Producing Party. As used in this 13 subdivision, "Protected Material" includes all hard and electronic copies, abstract, 14 compilations, summaries or any other form of reproducing or capturing any of the 15 Protected Material. All electronic copies of Protected Material shall be destroyed 16 in the agreed-upon timeframe and the Receiving Party shall provide a written 17 certification of the destruction. With permission in writing from the Designating 18 Party, the Receiving Party may destroy some or all of the Protected Material 19 existing in hard copy format instead of returning it. Whether the Protected 20 Material is returned or destroyed, the Receiving Party must submit a written 21 certification to the Producing Party (and, if not the same person or entity, to the 22 Designating Party) by the fifteen (15) day deadline that identifies (by category, 23 where appropriate) all the Protected Material that was returned or destroyed and 24 that affirms that the Receiving Party has not retained any copies, abstracts, 25 compilations, summaries or, other forms of reproducing or capturing any of the 26 Protected Material. 27 Notwithstanding this provision, Counsel are entitled to retain an archival copy Tornincasa 19- 28 of all pleadings, motion papers, transcripts, legal memoranda, correspondence or 1 attorney work product, even if such materials contain Protected Material. Any such 2 archival copies that contain or constitute Protected Material remain subject to this 3 Protective Order as set forth in Section 4 ("DURATION"), above. 4 12. MISCELLANEOUS. 5 12.1 Right to Further Relief. Nothing in this Order abridges the right 6 of any person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry 8 of this Protective Order no party waives any right it otherwise would have 9 to object to disclosing or producing any information or item on any ground 10 not addressed in this Stipulated Protective Order. Similarly, no party 11 waives any right to object on any ground to use in evidence of any of the 12 material covered by this Protective Order. 13 IT IS SO STIPULATED 14 DATED: March 23, 2020 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 15 16 17 By: /s/ Jenny H. Wang Jenny H. Wang 18 Attorneys for Defendant Liberty Life Assurance Company of 19 Boston 20 21 DATED: March 23, 2020 ERISA LAW CENTER 22 23 By: /s/ Robert J. Rosati 24 Robert J. Rosati Attorneys for Plaintiff 25 Diane R. Tornincasa 26 27 Tornincasa 19- 28 1 ORDER 2 The Court has reviewed the parties’ stipulated protective order, which 3 || complies with the relevant authorities and the Court’s applicable local rule. See L.R. 141.1(c);' see also Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 5 || 1206, 1210 (9th Cir. 2002) (“Generally, the public can gain access to litigation 6 || documents and information produced during discovery unless the party opposing 7 || disclosure shows ‘good cause’ why a protective order is necessary.”) Therefore, the 8 || Court GRANTS the request subject to the following clarification. 9 It is unclear as to the parties’ intent concerning the duration of the Court’s 10 || jurisdiction regarding this protective order. The Local Rules indicate that once this 11 |} action is closed, “unless otherwise ordered, the Court will not retain jurisdiction over 12 |}enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f). 13 || Courts in the district generally do not agree to retain jurisdiction after closure of the 14 || case, and the Court sees no reason to do so here. See, e.g., MD Helicopters, Inc. v. 15 || Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February 03, 2017). Thus, for clarity, 16 || the undersigned informs the parties that once the case is closed, the Court will not 17 || retain jurisdiction over any disputes regarding this protective order. 18 || Dated: March 27, 2020 19 —f 00 AO 20 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 21 22 || tom.2002 23 24 1 a. The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their 25 submission: (1) A description of the types of information eligible for protection under the order, with the 26 description provided in general terms sufficient to reveal the nature of the information (e.g., customer list, formula for soda, diary of a troubled child); (2) A showing of particularized need for protection as to each category of information proposed to 27 b e covered by the order; and ti 198 (3) A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or among the parties. Local Rule 141.1(c). 14 Cace No 9-10_-CV_N9009_MCR_KIN 1 EXHIBIT “A” 2 ______________________ , declare as follows: 3 1. My address is 4 2. My present employer is 5 3. My present occupation or job description is I received a copy of the 6 Confidentiality Agreement and Protective Order for the matter of Diane R. Tornincasa 7 v. Liberty Life Assurance Company of Boston, et. al, United States District Court, 8 Eastern District of California, Case No. 2:19-CV-02002-MCE-KJN ("Protective 9 Order"). 10 4. I have carefully read this Protective Order and certify that I understand 11 its provisions. 12 5. I agree to comply with all the provisions of this Protective Order. 13 6. Subject to the terms of the Protective Order, I will hold in confidence, 14 and will not disclose to anyone not qualified under the Protective Order, any 15 information contained in the Protected Material that is disclosed to me in this case. 16 7. Subject to the terms of the Protective Order, I will use such information 17 that is disclosed to me only for purposes of this case. 18 8. Upon request, I will return and deliver all Protected Material that comes 19 into my possession, and all documents or things that I have prepared relating thereto, 20 to my counsel in this action, or to counsel for the party by whom I am employed or 21 retained or from whom I received the Protected Material. 22 9. I hereby submit to the jurisdiction of this Court for the purpose of 23 enforcing the Protective Order in this case. 24 I declare under penalty of perjury under the laws of the State of California 25 that the foregoing is true and correct. Executed this day of , 2020, at [City], 26 [State]. ________________________________ 27 Signature (Name) Tornincasa 19- 28