Engberson v. General Motors Company ( 2020 )

1 NELSON MULLINS RILEY & SCARBOROUGH LLP PHILIP R. COSGROVE, State Bar No. 92564 2 phil.cosgrove@nelsonmullins.com RYAN E. COSGROVE, State Bar No. 277907 3 ryan.cosgrove@nelsonmullins.com 19191 South Vermont Avenue, Suite 900 4 Torrance, CA 90502 Telephone: 424.221.7400 5 Facsimile: 424.221.7499 6 NELSON MULLINS RILEY & SCARBOROUGH LLP DARIN J. LANG, Admitted Pro Hac Vice 7 darin.lang@nelsonmullins.com CHEYENNE MOORE, Admitted Pro Hac Vice 8 cheyenne.moore@nelsonmullins.com 1400 Wewatta Street, Suite 500 9 Denver, CO 80202 Telephone: 303.583.9923 10 Facsimile: 202.583.9999 11 Attorneys for Defendant GENERAL MOTORS LLC 12 13 CURD, GALINDO & SMITH, LLP ALEXIS GALINDO, State Bar No. 136643 14 agalindo@cgsattys.com 301 E. Ocean Boulevard, Suite 1700 15 Long Beach, CA 90802 Telephone: 562-624-1177 16 Facsimile: 562-624-1178 17 Attorney for Plaintiff RODNEY ENGBERSON 18 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 21 RODNEY ENGBERSON Case No. 2:19-cv-01761-MCE-KJN 22 Plaintiff, 23 STIPULATED PROTECTIVE ORDER v. 24 GENERAL MOTORS LLC and DELPHI 25 AUTOMOTIVE 26 Defendants. 27 1 WHEREAS, to facilitate the production and receipt of information during discovery in the 2 above-captioned litigation (the “Litigation”), the parties agree and stipulate, through their respective 3 counsel, to the entry of the following Protective Order (the “Order”) for the protection of Confidential 4 and Highly Confidential Materials (as defined herein) that may be produced or otherwise disclosed 5 during the course of this Litigation by or on behalf of any party or non-party. The Court has been 6 fully advised in the premises and has found good cause for its entry. 7 Accordingly, IT IS HEREBY ORDERED that the terms and conditions of this Order shall 8 govern the handling of discovery materials in the Litigation: 9 1. Applicability of Order: This Order will be applicable to and govern the handling of 10 documents, depositions, deposition exhibits, deposition videos, interrogatory responses, responses to 11 subpoenas, responses to requests for admissions, responses to requests for production of documents, 12 and all other discovery obtained pursuant to the Federal Rules of Civil Procedure by or from, or 13 produced on behalf of a party in connection with the Litigation (this information hereinafter referred 14 to as “Discovery Material”). As used herein, “Producing Party” or “Disclosing Party” shall refer to 15 the parties in this Litigation that give testimony or produce documents or other information, non- 16 parties for purposes of Section 10, and “Designating Party” shall refer to parties whose Confidential 17 and Highly Confidential information is disclosed in documents produced by other parties or third 18 parties, in which case the affected party may designate such information as Confidential or Highly 19 Confidential under this Order. “Receiving Party” shall refer to the parties in this Litigation that 20 receive such information. “Authorized Recipient” shall refer to any person or entity authorized by 21 Sections 11 and 12 of this Order to obtain access to Confidential Material, Highly Confidential 22 Material, or the contents of such Material. 23 2. Designation of Material: Any party may designate Discovery Material that is in its 24 possession, custody, or control to be produced to a Receiving Party, or Discovery Material that is 25 produced by another party (including a third party) but qualifies for protection under this Order, as 26 “Confidential” or “Highly Confidential” under the terms of this Order if the party in good faith 27 reasonably believes that such Discovery Material contains non-public, confidential material as defined 1 3. Confidential Material: For purposes of this Order, Confidential Material is any 2 information that a party believes in good faith to be confidential or sensitive information, including, 3 but not limited to, trade secrets, research, design, development, financial, technical, marketing, 4 planning, private or confidential personal information, customer information, or commercial 5 information. 6 4. Highly Confidential Material: For purposes of this Order, Highly Confidential 7 Material is any Protected Data (defined below) and/or Confidential Material as defined in Section 3 8 which also includes non-public product design and testing information or extremely sensitive, highly 9 confidential, non-public information, consisting either of trade secrets or proprietary or other highly 10 confidential business, financial, regulatory, or strategic information (including information regarding 11 business plans, technical data, and non-public designs), the disclosure of which would create a 12 substantial risk of competitive or business injury to the Producing or Designating Party. Certain 13 Protected Data may compel alternative or additional protections beyond those afforded Highly 14 Confidential Material, in which event the parties shall meet and confer in good faith, and, if 15 unsuccessful, shall move the Court for appropriate relief. 16 5. Protected Data: Protected Data shall refer to any information that a party believes in 17 good faith to be subject to federal, state, or foreign Data Protection Laws or other privacy obligations. 18 Protected Data constitutes highly sensitive materials requiring special protection. Designating 19 material as Protected Data does not preclude the parties from designating that same material, as 20 appropriate, for Confidentiality and Privilege. 21 6. Designating Confidential Material, Highly Confidential Material, or Protected 22 Data: The designation of Discovery Material as Confidential Material, Highly Confidential Material, 23 or Protected Data for purposes of this Order shall be made in the following manner: 24 6.1 The parties shall label each page of a designated document as “Confidential” 25 or “Highly Confidential” if feasible to do so. However, failure to do so shall 26 not be considered a waiver of such designation and shall not deem such 27 information to not qualify as “Confidential” or “Highly Confidential.” A party 1 designation until the matter is resolved by written agreement of the parties or 2 by order of the Court. The parties further agree to abide by the Producing 3 Party’s designation upon notice, written or otherwise, that a party will seek 4 appeal or other form of judicial review of an order of the Court. 5 6.2 Deposition Transcripts. Within thirty (30) days after receipt of the final 6 transcript of the deposition of any party or witness in this case, a party or the 7 witness may designate the transcript or sections thereof as “Confidential” or 8 “Highly Confidential.” If a designated transcript or transcript portion is filed 9 with the Court, the designating party shall file a motion to file under seal. 10 Unless otherwise agreed, all deposition transcripts shall be treated as 11 “Confidential” until the expiration of the thirty-day period. 12 7. Inadvertent/Unintended Disclosure: The inadvertent and/or unintentional failure to 13 designate Discovery Material as Confidential or Highly Confidential does not constitute a waiver of 14 such claim and may be remedied by prompt supplemental written notice upon discovery of any such 15 disclosure (inadvertent or otherwise), with the effect that such Discovery Material will be subject to 16 the protections of this Order. Designation of information or documents as “Confidential” or “Highly 17 Confidential,” or failure to so designate, will not constitute an admission that information or 18 documents are or are not confidential or trade secrets or that such information or documents may not 19 be entitled to further protection under the law. Neither party may introduce into evidence in any 20 proceeding between the parties, other than a motion to determine whether the Order covers the 21 information or documents in dispute, the fact that the other party designated or failed to designate 22 information or documents as “Confidential” or “Highly Confidential.” 23 8. Copies: The Receiving Party may make copies of Discovery Material, but such copies 24 shall become Confidential Material or Highly Confidential Material to the same extent, and subject to 25 the same protections, as the Discovery Material from which those copies were made. The Receiving 26 Party shall exercise good faith efforts to ensure that copies it makes of Discovery Material produced to 27 it, and copies made by others who obtained such Discovery Material directly or indirectly from the 1 Material has been marked with the appropriate confidentiality legend by the Producing or Designating 2 Party. In the event that the Receiving Party receives notice in accordance with Section 7 of this Order 3 that Discovery Material was inadvertently or unintentionally disclosed without being designated as 4 Confidential or Highly Confidential Material, the Receiving Party shall exercise good-faith efforts to 5 notify the Producing Party, ensure that copies it makes of Discovery Material produced to it, and 6 copies made by others who obtained such Discovery Material directly or indirectly from the Receiving 7 Party, are marked with the appropriate confidentiality legend, are made available in whole or in part 8 only to persons authorized to receive Confidential or Highly Confidential Material (as the case may 9 be), and are at all times handled and used only in the manner that this Order permits or requires 10 Confidential or Highly Confidential Material (as the case may be) to be handled and used. 11 9. Derivative Works: Any notes, lists, memoranda, indices, compilations prepared or 12 based on an examination of Confidential Material or Highly Confidential Material, or any other form 13 of information (including electronic forms), that quote from, paraphrase, copy, or disclose 14 Confidential Material or Highly Confidential Material with such specificity that the Confidential 15 Material or Highly Confidential Material can be identified, or by reasonable logical extension can be 16 identified, shall be accorded the same status of confidentiality as the underlying Confidential Material 17 or Highly Confidential Material from which they are made and shall be subject to all of the terms of 18 this Order. 19 10. Notice to Non-Parties: Any party issuing a subpoena to a non-party shall enclose a 20 copy of this Order with a request that the non-party either request the protection of this Order or notify 21 the issuing party that the non-party does not need the protection of this Order or wishes to seek 22 different protection. 23 11. Persons Authorized to Receive Confidential Material: Access to Confidential 24 Material shall be restricted, and may only be disclosed, summarized, described, characterized, or 25 otherwise communicated or made available in whole or in part, solely to the following persons, who 26 agree to be bound by the terms of this Order, unless additional persons are stipulated by counsel or 27 authorized by the Court: 1 11.1 Outside counsel of record for the parties, and the administrative staff of outside 2 counsel’s firms, 3 11.2 In-house counsel for the parties, and the administrative staff for each in-house 4 counsel; 5 11.3 Any party in this Litigation who is an individual, and every employee, director, 6 officer, or manager of any party to this action who is not an individual, but 7 only to the extent necessary to further the interest of the parties in this 8 Litigation. 9 11.4 Independent consultants or expert witnesses (including partners, associates and 10 employees of the firm which employs such consultant or expert) retained by a 11 party or its attorneys for purposes of this Litigation, but only to the extent 12 necessary to further the interest of the parties in this Litigation, and only after 13 executing the agreement attached hereto as Exhibit A. 14 11.5 The Court and its personnel, including, but not limited to, 15 transcription/recording services engaged by the Court or the parties during this 16 Litigation. 17 11.6 The authors or recipients of a document containing the Confidential Material 18 or a custodian or other person who otherwise know the information sought to 19 be protected; 20 11.7 In connection with their depositions, non-party witnesses in this Litigation to 21 whom disclosure is reasonably necessary and who have signed the agreement 22 attached hereto as Exhibit A; 23 11.8 Any mediator(s) or settlement officer(s) mutually agreed upon by the parties; 24 11.9 Mock trial/focus group participants provided they have signed the agreement 25 attached hereto as Exhibit A; 26 11.10 Employees of discovery or copy services, microfilming or database services, 27 trial support firms and/or translators or other litigation support vendors who 1 are engaged by the parties during this Litigation, but only after such service or 2 support firm executes the agreement attached hereto as Exhibit A. 3 12. Persons Authorized to Receive Highly Confidential Material: Access to or use of 4 any information, documents, or portions of documents marked “Highly Confidential” shall be 5 restricted and may only be disclosed, summarized, described, characterized, or otherwise 6 communicated or made available in whole or in part solely to the persons listed in paragraphs 11.1, 7 11.2, 11.4, 11.5, 11.6, 11.7, and 11.8, unless additional persons are stipulated by counsel or authorized 8 by the Court. 9 13. Agreement to Be Bound: All persons described in paragraphs 11.4, 11.7, 11.9 and 10 11.10 shall not have access to the Confidential Documents without having first read, acknowledged, 11 and agreed to be bound by this Order by executing the attached Exhibit A. Each party’s counsel shall 12 retain each such executed “Exhibit A” and shall keep a list identifying (a) all persons to whom 13 Confidential Documents have been disclosed and (b) all Confidential Documents disclosed to such 14 persons. Each executed “Exhibit A” shall not be made available to the Designating Party during the 15 pendency of the litigation but shall be available for an in-camera inspection by the Court if good cause 16 for review is demonstrated by the Designating Party. During the pendency of the litigation or after the 17 termination of the litigation, subject to the attorney work product doctrine/attorney-client privilege and 18 for good cause shown, the Court may order any party to provide to the Designating Party the list 19 referenced above and any executed “Exhibit A.” However, each such executed “Exhibit A” and list 20 shall be submitted to counsel for the Designating Party at the conclusion of the Litigation. 21 14. Qualification of Outside Experts and Consultants: Neither Confidential nor Highly 22 Confidential Material shall be disclosed to any retained and/or testifying experts or consultants who 23 are current employees of a direct competitor of any party named in the Litigation. 24 15. Use of Discovery Material: Discovery Material containing Confidential and/or Highly 25 Confidential Material shall be used solely for purposes of the Litigation, including any appeal and 26 retrial. Disclosure or dissemination outside of this Litigation and/or contrary to the terms of this Order 27 is strictly prohibited. 1 16. Exclusion of Individuals from Depositions: Whenever Protected Material is to be 2 disclosed in a deposition, the designating party may exclude from the room any person, other than 3 persons described in paragraphs 11 and 12, as appropriate, for that portion of the deposition. If 4 Protected Material is to be disclosed in a judicial proceeding, the parties will endeavor to meet and 5 confer in good faith and in advance about steps that can be taken, if any, to limit the disclosure of 6 Protected Material. 7 17. Storage of Confidential Material or Highly Confidential Material: The recipient of 8 any Confidential Material or Highly Confidential Material that is provided under this Order shall 9 maintain such information in a reasonably secure and safe manner that satisfies the data security 10 requirements of paragraph 27 for electronically stored information, shall ensure that access is limited 11 to the persons authorized under this Order, and shall further exercise the same standard of due and 12 proper care with respect to the storage, custody, use, and/or dissemination of such information as is 13 exercised by the recipient with respect to its own proprietary information. 14 18. Filing of Confidential Material or Highly Confidential Material: The following 15 procedures apply provided they do not conflict with applicable rules and orders of the Court. If 16 Confidential of Highly Confidential Material is contained in documents that a party seeks to file with 17 the Court, that party shall file a motion to file under seal, pursuant to local rules where applicable, the 18 relevant excerpts constituting Confidential or Highly Confidential Material within such documents, 19 which shall be filed under seal and marked as follows or in substantially similar form: 20 18.1 CONFIDENTIAL 21 IN ACCORDANCE WITH A PROTECTIVE ORDER, THE 22 ENCLOSURE(S) SHALL BE TREATED AS CONFIDENTIAL AND 23 SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE 24 PERSONS DESIGNATED IN SECTION 11 OF THE PROTECTIVE 25 ORDER. 26 or 27 1 18.2 HIGHLY CONFIDENTIAL 2 IN ACCORDANCE WITH A PROTECTIVE ORDER, THE 3 ENCLOSURE(S) SHALL BE TREATED AS HIGHLY CONFIDENTIAL 4 AND SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE 5 PERSONS DESIGNATED IN SECTION 12 OF THE PROTECTIVE 6 ORDER. 7 19. If a party is filing a document that it has itself designated as “Confidential” or “Highly 8 Confidential,” that party shall reference this Order in submitting the documents it proposes to maintain 9 under seal. If a non-designating party seeks to refer to, summarize, quote from, or attach a 10 Confidential or Highly Confidential document to any court filing, a meet and confer is required before 11 that information is disclosed in any court document or filing. Subsequent and pursuant to the meet 12 and confer to discuss the Confidential or Highly Confidential Documents intended to be filed by a 13 non-designating party, and subject to agreement on the document to be filed, the non-designating 14 party shall file the document under seal. 15 20. Challenging Designation of Materials: A party shall not be obligated to challenge the 16 propriety of a Confidential Material or Highly Confidential Material designation at the time made, and 17 failure to do so shall not preclude a subsequent challenge thereto during the pendency of this 18 Litigation. 19 20.1 Challenge: If a Receiving Party disagrees with the propriety of the Producing 20 or Designating Party’s designation of any document(s) or other discovery 21 materials under this Order, counsel for the Receiving Party shall serve written 22 notice upon the Producing or Designating Party’s counsel, specifying the 23 document(s) in question by bates number or other specific identifier. 24 20.2 Meet and Confer and Motion: Upon receipt of written notice challenging the 25 designation of any Confidential Material, the parties shall meet and confer 26 within 30 days to attempt to reach an agreement on the designation of the 27 particular document(s) in question. If an agreement cannot be reached 1 or Designating Party shall file a motion seeking Court adjudication of the 2 propriety of the designation under applicable court rules or statutes. 3 20.3 Status of Challenged Designation Pending Judicial Determination: Any 4 such document(s) shall at all times continue to be treated as designated by the 5 designating party subject to this Order until such motion has been decided. 6 21. No Waiver of Privilege: The production of privileged or work-product protected 7 documents, electronically stored information (“ESI”), or any other information, whether inadvertent or 8 otherwise, is not a waiver of the privilege or protection from discovery in this Litigation or in any 9 other federal or state proceeding. 10 22. Effect of Disclosure of Privileged Information: The Receiving Party hereby agrees to 11 return, sequester, or destroy any Privileged Information disclosed or produced by the Designating or 12 Producing Party upon request. If the Receiving Party reasonably believes that Privileged Information 13 has been inadvertently disclosed or produced to it, it shall promptly notify the Designating or 14 Producing Party and sequester such information until instructions as to disposition are received. The 15 failure of any party to provide notice or instructions under this Paragraph shall not constitute a waiver 16 of, or estoppel as to, any claim of attorney-client privilege, attorney work product, or other ground for 17 withholding production as to which the party would be entitled in the Litigation or any other federal or 18 state proceeding. 19 23. Order Remains in Force: This Order shall remain in force and effect until modified, 20 superseded, or terminated by consent of the parties or by order of the Court made upon reasonable 21 written notice. Unless otherwise ordered, or agreed upon by the parties, this Order shall survive the 22 termination of this Litigation. The Court retains jurisdiction even after termination of this Litigation 23 to enforce this Order and to make such amendments, modifications, deletions, and additions to this 24 Order as the Court may from time to time deem appropriate. 25 24. No Waiver of Grounds for Producing Material: This Order shall not be construed to 26 limit a party’s right or require a party to conduct a review of documents, ESI or information (including 27 metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information 1 25. No Loss of Confidential or Highly Confidential Status by Use in Litigation or 2 Appeal: If any Confidential or Highly Confidential Material is used in any court proceeding in this 3 Litigation or any appeal therefrom, such Confidential or Highly Confidential Material shall not lose its 4 status as Confidential or Highly Confidential through such use, regardless of whether it has been 5 lawfully placed on the public record in connection with this Litigation. Counsel shall comply with all 6 applicable local rules and shall confer on such procedures that are necessary to protect the 7 confidentiality of any documents, information, and transcripts used in the course of any court 8 proceedings, including petitioning the Court to close the court room. 9 26. Redaction Allowed: Any Producing or Designating Party may redact from the 10 documents and materials it produces information that the Producing or Designating Party claims is 11 subject to attorney-client privilege, work product immunity, a legal prohibition against disclosure, or 12 any other privilege or immunity. The Producing or Designating Party shall mark each area where 13 information has been redacted with a legend stating “REDACTED,” and specify the basis for the 14 redaction (e.g., privilege, confidential, highly confidential, etc.), as appropriate, or a comparable 15 notice. Where a document consists of more than one page, at least each page on which information 16 has been redacted shall be so marked. The Producing or Designating Party shall preserve an 17 unredacted version of each such document. In addition to the foregoing, the following shall apply to 18 redactions of Protected Data: 19 26.1 Any party may redact Protected Data as defined in Section 5 that it claims, in 20 good faith, requires protection under the terms of this Order. 21 26.2 Protected Data shall be redacted from any public filing not filed under seal. 22 27. Data Security: Any person in possession of Confidential Material or Highly 23 Confidential Material shall maintain a written information security program that includes reasonable 24 administrative, technical, and physical safeguards designed to protect the security and confidentiality 25 of such Confidential Material or Highly Confidential Material, protect against any reasonably 26 anticipated threats or hazards to the security of such Confidential Material or Highly Confidential 27 Material, and protect against unauthorized access to Confidential Material or Highly Confidential 1 comply with this provision by having the Confidential Material or Highly Confidential Material 2 managed by and/or stored with eDiscovery vendors or claims administrators that maintain such an 3 information security program. If a Receiving Party or Authorized Recipient discovers any loss of 4 Confidential Material or Highly Confidential Material or a breach of security, including any potential 5 or suspected unauthorized access, relating to another party’s Confidential Material or Highly 6 Confidential Material, the Receiving Party or Authorized Recipient shall: (1) immediately provide 7 written notice to the Producing or Designating Party of such breach; (2) investigate and make 8 reasonable efforts to remediate the effects of the breach and provide the Producing or Designating 9 Party with assurances reasonably satisfactory to the Producing or Designating Party that such breach 10 shall not recur; and (3) provide sufficient information about the breach that the Producing or 11 Designating Party can reasonably ascertain the size and scope of the breach. The Receiving Party or 12 Authorized Recipient agrees to cooperate with the Producing or Designating Party or law enforcement 13 in investigating any such security incident. In any event, the Receiving Party or Authorized Recipient 14 shall promptly take all necessary and appropriate corrective action to terminate the unauthorized 15 access. 16 28. End-of-Matter Data Disposition: Upon final resolution of this Litigation the Parties 17 will certify that a good-faith effort has been made that all Confidential Material and/or Highly 18 Confidential Material has been returned to the Producing or Designating Party or been destroyed in a 19 secure manner, at the discretion and direction of the Producing or Designating Party. If a party elects 20 to destroy Confidential Material and/or Highly Confidential Material upon final resolution of this 21 Litigation, that party will provide an affidavit to the Producing or Designation Party attesting to the 22 secured destruction. 23 29. This Order does not preclude a party or its counsel from reporting any alleged safety 24 defect or concerns to the National Highway Traffic Safety Administration (“NHTSA”) or any 25 governmental agency with the authority to study public safety issues pertinent to the product at issue. 26 However, a party may not share a Producing Party’s Confidential or Highly Confidential documents 27 or other discovery materials with NHTSA or any governmental agency without prior consent of the 1 Producing Party’s Confidential or Highly Confidential documents or other discovery materials should 2 be directed to the Producing Party. The terms of this Protective Order do not preclude GM LLC from 3 providing confidential and/or protected information and documents to NHTSA, either voluntarily or in 4 connection with GM LLC’s obligations under the National Traffic and Motor Vehicle Safety Act of 5 1966 (“Safety Act”), 49 U.S.C. § 30101, et. seq. 6 30. Violations of this Order: If any person or party should violate the terms of this Order, 7 the aggrieved Producing or Designating Party may apply to the Court to obtain relief against any such 8 person or party violating or threatening to violate any of the terms of this Order. If the aggrieved 9 Producing or Designating Party seeks injunctive relief, it must petition the Court for such relief, which 10 may be granted at the sole discretion of the Court. The parties and any other person subject to the 11 terms of this Order agree that this Court shall retain jurisdiction over it and them for the purpose of 12 enforcing this Order. 13 14 15 Respectfully Stipulated to and submitted by: 16 17 By: s/ Alexis Galindo Dated: March 16, , 2020 Counsel for Plaintiff 18 19 By: s/ Cheyenne Moore Dated: March 16, , 2020 20 Counsel for Defendant General Motors LLC 21 22 ORDER 23 The Court has reviewed the parties’ stipulated protective order, which complies with the 24 relevant authorities and the Court’s applicable local rule, save for one issue. See L.R. 141.1(c);1 25 26 1 The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: 27 (1) A description of the types of information eligible for protection under the order, with the ] || see also Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) 2, || (Generally, the public can gain access to litigation documents and information produced during 3 || discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is 4 || necessary.”) The parties have stipulated to granting the Court jurisdiction over this protective 5 || order after the close of this case. However, the Local Rules of this district state that once an action 6 || is closed, “unless otherwise ordered, the Court will not retain jurisdiction over enforcement of the 7 || terms of any protective order filed in that action.” L.R. 141.1(f). Courts in the district generally 8 || do not agree to retain jurisdiction after closure of the case, and the Court sees no reason to do so 9 || here. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February 10 || 03, 2017). Thus, for clarity, the undersigned informs the parties that once the case is closed, the 1] || Court will not retain jurisdiction over this protective order. 12 Therefore, the Court GRANTS the protective order, subject to the above clarification. 13 || Dated: March 18, 2020 14 □□□ 40 7 15 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 16 engb.1761 17 18 19 20 21 22 23 24 25 || ———_——_—————— customer list, formula for soda, diary of a troubled child); 26 (2) A showing of particularized need for protection as to each category of information proposed to be covered by the order; and 27 (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. 28 Local Rule 141.1(c). 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 3 RODNEY ENGBERSON Case No. 2:19-cv-01761-MCE-KJN 4 Plaintiff, 5 v. 6 GENERAL MOTORS COMPANY and DOES 7 1 through 10, Inclusive 8 Defendants. 9 10 AGREEMENT CONCERNING INFORMATION COVERED BY STIPULATED PROTECTIVE ORDER 11 12 I, , hereby acknowledge that I have received a 13 copy of the Stipulated Protective Order entered in the above-captioned action by the U.S. District 14 Court, Eastern District of California, Sacramento Division (hereinafter the “Protective Order”). 15 I have either read the Protective Order or have had the terms of the Protective Order explained 16 to me by my attorney. 17 I understand the terms of the Protective Order and agree to comply with and to be bound by 18 such terms. 19 If I receive documents or information designated as Confidential Material or Highly 20 Confidential Material (as those terms are defined in the Protective Order), I understand that such 21 information is provided to me pursuant to the terms and restrictions of the Protective Order. 22 I agree to hold in confidence and not further disclose or use for any purpose (other than is 23 permitted by the Protective Order) any information disclosed to me pursuant to the terms of the 24 Protective Order. I agree to maintain and abide by the Data Security provisions and End-of-Matter 25 Data Disposition provisions set forth in the Protective Order. 26 I hereby submit myself to the jurisdiction of the U.S. District Court, Eastern District of 27 California, Sacramento Division for resolution of any matters pertaining to the Protective Order. 1 My address is 2 My present employer is 3 Dated: 4 Signed: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27