Aguayo Jr. v. Georgia-Pacific Corrugated LLC ( 2020 )

1 Shelley G. Bryant, SBN 222925 Amanda B. Whitten, SBN 251160 2 BRYANT WHITTEN LLP 3 8050 North Palm Avenue, Suite 210 Fresno, CA 93711 4 Tel.: 559-494-4910 / Fax: 559-421-0369 E-Mail: shelley@bwlaw.com 5 amanda@bwlaw.com 6 Attorneys for Plaintiff 7 SALVADOR AGUAYO, JR. 8 James T. Conley, SBN 224174 9 james.conley@ogletree.com Jill L. Schubert, SBN 305252 10 jill.schubert@ogletree.com OGLETREE, DEAKINS, NASH, 11 SMOAK & STEWART, P.C. 500 Capitol Mall, Suite 2500 12 Sacramento, CA 95814 Tel.: 916-840-3150 / Fax: 916-840-3159 13 Attorneys for Defendant 14 GEORGIA-PACIFIC CORRUGATED LLC, a Delaware limited liability company 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 SALVADOR AGUAYO, JR., Case No. 1:20-cv-00264-NONE-EPG 20 Plaintiff, STIPULATED PROTECTIVE ORDER 21 vs. 22 GEORGIA-PACIFIC CORRUGATED LLC, a Delaware limited liability company, and Does 1 23 through 20, inclusive, 24 Defendants. 25 26 1. A. PURPOSES AND LIMITATIONS 27 Discovery in this action is likely to involve production of confidential, proprietary or 20cv264.Aguayo.o. stip.protective.order28 private information for which special protection from public disclosure and from use for any 1 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 2 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 3 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 4 discovery and that the protection it affords from public disclosure and use extends only to the 5 limited information or items that are entitled to confidential treatment under the applicable legal 6 principles. 7 B. GOOD CAUSE STATEMENT 8 Good cause exists for the entry of this Stipulated Protective Order as follows: 9 (a) In this action, plaintiff Salvador Aguayo, Jr., (“Plaintiff”) asserts the following causes 10 of action against defendant Georgia-Pacific Corrugated LLC (“Defendant”): (1) Disability 11 Discrimination; (2) Failure to Prevent Discrimination; (3) Failure to Accommodate Disability; (4) 12 Failure to Engage in Interactive Process; (5) Retaliation for Requesting Accommodation; (6) 13 Retaliation under the California Code of Regulations under Section 11094; (7) Retaliation in 14 Violation of Labor Code section 233; (8) Wrongful Termination in Violation of Public Policy; and 15 (9) Defamation. 16 (b) Based on the nature of this case, the allegations asserted by Plaintiff, and the discovery 17 requests already received in this action, the documents, materials, and other information to be 18 exchanged in discovery may reveal private, medical, financial, confidential, and/or proprietary 19 information of the Defendant’s business policies and practices. Such materials, to the extent they 20 are discoverable in this action, could reveal confidential information concerning: Defendant’s 21 employment practices, Defendant’s business operations, Defendant’s finances, Defendant’s clients, 22 Defendant’s employees, Plaintiff’s medical, employment and financial records, and information 23 otherwise generally unavailable to the public, or which may be privileged or otherwise protected 24 from disclosure under state or federal statutes, court rules, case decisions, or common law. 25 (c) Due to the nature of the information described herein, Defendant’s business interests 26 and Plaintiff may suffer harm if such information is disclosed publicly. Potential harm that may 27 result from the public disclosure of such information may include, but is not limited to, loss of 20cv264.Aguayo.o. stip.protective.order28 1 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 2 over confidentiality of discovery materials, to adequately protect information the parties are 3 entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of 4 such material in preparation for and in the conduct of trial, to address their handling at the end of 5 the litigation, and serve the ends of justice, a protective order for such information is justified in 6 this matter. It is the intent of the parties that information will not be designated as confidential for 7 tactical reasons and that nothing be so designated without a good faith belief that it has been 8 maintained in a confidential, non-public manner, and there is good cause why it should not be part 9 of the public record of this case. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 11 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 12 Protective Order does not entitle them to file confidential information under seal; Local Rule 141 13 sets forth the procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 There is a strong presumption that the public has a right of access to judicial proceedings 16 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 17 to support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 18 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 19 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 20 orders require good cause showing), and a specific showing of good cause or compelling reasons 21 with proper evidentiary support and legal justification, must be made with respect to Protected 22 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure or 23 Discovery Material as CONFIDENTIAL does not— without the submission of competent evidence 24 by declaration, establishing that the material sought to be filed under seal qualifies as confidential, 25 privileged, or otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 27 reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly 20cv264.Aguayo.o. stip.protective.order28 1 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought 2 to be filed or introduced under seal in connection with a dispositive motion or trial, the party 3 seeking protection must articulate compelling reasons, supported by specific facts and legal 4 justification, for the requested sealing order. Again, competent evidence supporting the application 5 to file documents under seal must be provided by declaration. 6 Any document that is not confidential, privileged, or otherwise protectable in its entirety 7 will not be filed under seal if the confidential portions can be redacted. Local Rule 140 sets forth 8 the procedures that must be followed and the standards that will be applied when a party seeks to 9 file material with redactions. If documents can be redacted, then a redacted version for public 10 viewing, omitting only the confidential, privileged, or otherwise protectable portions of the 11 document, shall be filed. Any application that seeks to file documents under seal in their entirety 12 should include an explanation of why redaction is not feasible. 13 2. DEFINITIONS 14 2.1 Action: Aguayo v. Georgia-Pacific Corrugated LLC, Case No. 1:20-cv-00264- 15 NONE-EPG. 16 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 19 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 20 Civil Procedure 26(c), and as specified above in the Good Cause Statement. 21 2.4 Counsel: Outside Counsel of Record and In House Counsel (as well as their support 22 staff). 23 2.5 Designating Party: a Party or Non-Party that designates information or items that it 24 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 25 2.6 Disclosure or Discovery Material: all items or information, regardless of the 26 medium or manner in which it is generated, stored, or maintained (including, among other things, 27 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 20cv264.Aguayo.o. stip.protective.order28 1 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this Action. 4 2.8 House Counsel: attorneys who are employees of a party to this Action. House 5 Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.9 Non-Party: any natural person, partnership, corporation, association or other legal 7 entity not named as a Party to this Action. 8 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 9 Action but are retained to represent or advise a party to this Action and have appeared in this 10 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that 11 party, and includes support staff. 12 2.11 Party: any party to this Action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 18 storing, or retrieving data in any form or medium) and their employees and subcontractors. 19 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 20 “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 26 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 20cv264.Aguayo.o. stip.protective.order28 1 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This 2 Order does not govern the use of Protected Material at trial. 3 4. DURATION 4 Once a case proceeds to trial, information that was designated as CONFIDENTIAL or 5 maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public 6 and will be presumptively available to all members of the public, including the press, unless 7 compelling reasons supported by specific factual findings to proceed otherwise are made to the trial 8 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 9 showing for sealing documents produced in discovery from “compelling reasons” standard when 10 merits-related documents are part of court record). Accordingly, the terms of this protective order 11 do not extend beyond the commencement of the trial as to any information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as an exhibit 13 at trial. 14 Unless and until this case proceeds to trial, the confidentiality obligations imposed by this 15 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 16 otherwise directs. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 19 or Non-Party that designates information or items for protection under this Order must take care to 20 limit any such designation to specific material that qualifies under the appropriate standards. The 21 Designating Party must designate for protection only those parts of material, documents, items or 22 oral or written communications that qualify so that other portions of the material, documents, items 23 or communications for which protection is not warranted are not swept unjustifiably within the 24 ambit of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. Designations that are shown 26 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 27 encumber the case development process or to impose unnecessary expenses and burdens on other 20cv264.Aguayo.o. stip.protective.order28 1 If it comes to a Designating Party’s attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the inapplicable designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to 12 each page that contains protected material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 14 appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection need not 16 designate them for protection until after the inspecting Party has indicated which documents it 17 would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 19 Party has identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this Order. Then, 21 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 22 legend” to each page that contains Protected Material. If only a portion of the material on a page 23 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 24 (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party identifies the Disclosure 26 or Discovery Material on the record, before the close of the deposition all protected testimony. 27 (c) for information produced in some form other than documentary and for any other 20cv264.Aguayo.o. stip.protective.order28 1 or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion 2 or portions of the information warrants protection, the Producing Party, to the extent practicable, 3 shall identify the protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 8 in accordance with the provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 11 confidentiality at any time that is consistent with the Court’s Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 13 under Local Rule 251(b). 14 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 15 statement pursuant to Local Rule 251(c). 16 6.4 The burden of persuasion in any such challenge proceeding shall be on the 17 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 18 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to 19 sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, 20 all parties shall 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 challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 24 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 25 defending or attempting to settle this Action. Such Protected Material may be disclosed only to the 26 categories of persons and under the conditions described in this Order. When the Action has been 27 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 20cv264.Aguayo.o. stip.protective.order28 1 Protected Material must be stored and maintained by a Receiving Party at a location and in 2 a secure manner that ensures that access is limited to the persons authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 4 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 5 information or item designated “CONFIDENTIAL” only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees 7 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 8 for this Action; 9 (b) the officers, directors, and employees (including In House Counsel) of the Receiving 10 Party to whom disclosure is reasonably necessary for this Action; 11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 12 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 13 to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff; 16 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom 17 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A); 19 (g) the author or recipient of a document containing the information or a custodian or other 20 person who otherwise possessed or knew the information; 21 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom 22 disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign 23 the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any confidential 24 information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 25 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 26 deposition testimony or exhibits to depositions that reveal Protected Material may be separately 27 bound by the court reporter and may not be disclosed to anyone except as permitted under this 20cv264.Aguayo.o. stip.protective.order28 1 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed 2 upon by any of the parties engaged in settlement discussions. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 4 LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party 7 must: 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 9 of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 11 other litigation that some or all of the material covered by the subpoena or order is subject to this 12 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 14 Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the subpoena 16 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 17 before a determination by the court from which the subpoena or order issued, unless the Party has 18 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 19 expense of seeking protection in that court of its confidential material and nothing in these 20 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 21 disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 23 LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non-Party in this 25 Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 26 connection with this litigation is protected by the remedies and relief provided by this Order. 27 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 20cv264.Aguayo.o. stip.protective.order28 1 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 2 Party’s confidential information in its possession, and the Party is subject to an agreement with the 3 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 5 of the information requested is subject to a confidentiality agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 7 this Action, the relevant discovery request(s), and a reasonably specific description of the 8 information requested; and 9 (3) make the information requested available for inspection by the Non-Party, if 10 requested. 11 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 12 receiving the notice and accompanying information, the Receiving Party may produce the Non- 13 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 14 a protective order, the Receiving Party shall not produce any information in its possession or 15 control that is subject to the confidentiality agreement with the Non-Party before a determination 16 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 17 of seeking protection in this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 20 Material to any person or in any circumstance not authorized under this Stipulated Protective 21 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 22 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 23 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 24 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” that is attached hereto as Exhibit A. 26 //// 27 //// 20cv264.Aguayo.o. stip.protective.order28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 2 MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 6 provision is not intended to modify whatever procedure may be established in an e-discovery order 7 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 8 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product protection, 10 the parties may incorporate their agreement in the stipulated protective order submitted to the 11 court. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 14 seek its modification by the Court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 16 Order, no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 Party waives any right to object on any ground to use in evidence of any of the material covered by 19 this Protective Order. 20 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 21 Material must comply with Local Rule 141. Protected Material may only be filed under seal 22 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a 23 Party’s request to file Protected Material under seal is denied by the court, then the Receiving Party 24 may file the information in the public record unless otherwise instructed by the court. 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a 27 written request by the Designating Party, each Receiving Party must return all Protected Material 20cv264.Aguayo.o. stip.protective.order28 1 Material” includes all copies, abstracts, compilations, summaries, and any other format 2 reproducing or capturing any of the Protected Material. Whether the Protected Material is returned 3 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if 4 not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 5 (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) 6 affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or 7 any other format reproducing or capturing any of the Protected Material. Notwithstanding this 8 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 9 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 10 expert reports, attorney work product, and consultant and expert work product, even if such 11 materials contain Protected Material. Any such archival copies that contain or constitute Protected 12 Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 13 14. VIOLATION 14 Any violation of this Order may be punished by appropriate measures including, without 15 limitation, contempt proceedings and/or monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 DATED: November 19, 2020 BRYANT WHITTEN LLP 18 19 By: /s/ Shelley G. Bryant_________ Shelley G. Bryant 20 Amanda B. Whitten Attorneys for Plaintiff 21 SALVADOR AGUAYO, JR. 22 DATED: November 19, 2020 23 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 24 25 By: /s/ James T. Conley____________ James T. Conley 26 Jill L. Schubert 27 Attorneys for Defendant GEORGIA-PACIFIC CORRUGATED LLC, 20cv264.Aguayo.o. stip.protective.order28 a Delaware limited liability company 1 ATTESTATION 2 Concurrence in the filing of this document has been obtained from each of the individual(s) 3 whose electronic signature is attributed above. 4 DATED: November 19, 2020 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 5 6 By: /s/ James T. Conley___________ 7 James T. Conley Jill L. Schubert 8 Attorneys for Defendant GEORGIA-PACIFIC CORRUGATED LLC, 9 a Delaware limited liability company 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20cv264.Aguayo.o. stip.protective.order28 1 ORDER Pursuant to the stipulation of the parties (ECF No. 16) and as set forth above, the parties’ 3 Stipulated Protective Order is hereby approved. 4 5 ||IT IS SO ORDERED. Dated: _November 20, 2020 □□□ hey — 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Aguayo.o. 15 1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _________________________ [print or type full name], of 5 _______________________________________ [print or type full address], declare under 6 penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Eastern District of California on 8 ________________ in the case of Salvador Aguayo, Jr., v. Georgia-Pacific Corrugated LLC, et 9 al., Case No. 1:20-cv-00264-NONE-EPG. I agree to comply with and to be bound by all the terms 10 of this Stipulated Protective Order and I understand and acknowledge that failure to so comply 11 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this Stipulated Protective 13 Order to any 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 for the 15 Central District of California for enforcing the terms of this Stipulated Protective Order, even if 16 such enforcement proceedings occur after termination of this action. 17 I hereby appoint ____________________ [print or type full name] of 18 _______________________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with this action or 20 any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: 22 City and State where sworn and signed: 23 Printed name: 24 Signature: 25 26 27 20cv264.Aguayo.o. 44876462.1 stip.protective.order28 1 44921497.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20cv264.Aguayo.o. stip.protective.order28