Lovejoy Harris v. Nissan North America, Inc. ( 2023 )

1 QUILL & ARROW, LLP KEVIN Y. JACOBSON (SBN 320532) 2 ALLEN AMARKARIAN (SBN 319117) 10900 Wilshire Boulevard, Suite 300 3 Los Angeles, California 90024 Telephone: (310) 933-4271 4 Facsimile: (310) 889-0645 E-mail: kjacobson@quillarrowlaw.com 5 E-mail: acohen@quillarrowlaw.com E-mail: e-service@quillarrowlaw.com 6 Attorneys for Plaintiff 7 NAKITA L. LOVEJOY HARRIS 8 WILSON TURNER KOSMO LLP ROBERT A. SHIELDS (206042) 9 PARADA K. ORNELAS (272724) 402 West Broadway, Suite 1600 10 San Diego, California 92101 Telephone: (619) 236-9600 11 Facsimile: (619) 236-9669 E-mail: rshields@wilsonturnerkosmo.com 12 E-mail: pkornelas@wilsonturnerkosmo.com E-mail: warrantyeservice@wilsonturnerkosmo.com 13 Attorneys for Defendant 14 NISSAN NORTH AMERICA, INC. 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 NAKITA L. LOVEJOY HARRIS, an Case No. 2:22-cv-02026-KJM-KJN 19 individual, PROTECTIVE ORDER FOR 20 Plaintiff, DISCOVERY ONLY PURSUANT TO RULE 141.1 21 v. Complaint Filed: November 9, 2022 22 NISSAN NORTH AMERICA, INC., a Delaware Corporation, District Judge: Kimberly J. Mueller 23 Courtroom: 3. 15th Floor Defendants. 24 Magistrate: Kendall J. Newman Courtroom: 25. 8th Floor 25 Trial Date: Not Set 26 /// 27 /// 28 /// 1 2 IT IS HEREBY STIPULATED by and between the Parties to, by and through 3 their respective counsel of record, that in order to facilitate the exchange of 4 information and documents which may be subject to confidentiality limitations on 5 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as 6 follows: 7 1. In this Stipulation and Protective Order, the words set forth below shall 8 have the following meanings: 9 a. “Proceeding” means the above-entitled proceeding, case no. 10 2:22—CV-02026—KJM—KJN. 11 b. “Court” means the Hon. Kimberly J. Mueller or any other judge to 12 which this Proceeding may be assigned, including Court staff participating in such 13 proceedings. 14 c. “Confidential” means any Documents, Testimony, or Information 15 which is in the possession of a Designating Party who believes in good faith that such 16 Documents, Testimony, or Information is entitled to confidential treatment under 17 applicable law. 18 d. “Confidential Materials” shall mean trade secrets or other 19 confidential research, development, or commercially sensitive business information, the 20 disclosure of which would cause competitive harm, that is contained in Protected 21 Documents, and which have not been disclosed or made available to the public. 22 Confidential information may include, but is not limited to (1) engineering documents, 23 including design drawings and other technical engineering related specifications, (2) 24 test documents, analysis, and testing procedures; (3) manufacturing specifications and 25 procedures, including communications with and process documents pertaining to 26 Nissan’s suppliers and supplier relationships; (4) internal business or financial 27 information; (5) confidential customer information and personal identifying 28 information; and (6) any other similar proprietary, confidential, private information, 1 commercially sensitive business information, or competitive intelligence, including but 2 not limited to trade secrets. 3 e. “Customer” shall mean any person or entity that purchases or 4 otherwise comes to possess Defendant’s product. 5 f. “Designating Party” means the Party that designates Documents, 6 Testimony, or Information, as defined below, as “Confidential.” 7 g. “Disclose” or “Disclosed” or “Disclosure” means to reveal, 8 divulge, give, or make available Materials, or any part thereof, or any information 9 contained therein. 10 h. “Documents” means (i) any “Writing,” “Original,” and 11 “Duplicate” as those terms are defined by Fed. R. Evid. 1001, which have been 12 produced in discovery in this Proceeding by any person or entity, and (ii) any 13 copies, reproductions, or summaries of all or any part of the foregoing. 14 i. “Information” means the content of Documents or Testimony. 15 j. “Testimony” means all depositions, declarations or other 16 testimony taken or used in this Proceeding. 17 k. “Party” or “Parties” shall mean and include the parties to this 18 litigation. 19 l. “Protected Documents” shall mean documents and materials to be 20 produced in this litigation which contain Confidential Materials 21 2. This Order is intended to facilitate the Parties’ production of certain 22 information and documents as part of voluntary disclosure and in response to 23 discovery requests. Nothing in this Order is to be construed to expand or limit the 24 Parties’ discovery obligations. This Order covers the production and use of all 25 Protected Documents in this action that constitute, contain or disclose, in whole or in 26 part, information which the Designating Party designates as “Confidential.” This 27 Order is also intended to apply to any documents produced to the Parties by a non- 28 party in connection with a subpoena. Nothing in this Order will prevent counsel from 1 using Confidential Information in connection with any work product created by or on 2 behalf of that counsel for use in the Proceeding. Subject to the provisions herein, such 3 work product may be retained by the counsel creating it. 4 3. The entry of this Protective Order does not alter, waive, modify, or 5 abridge any right, privilege or protection otherwise available to any Party with respect 6 to the discovery of matters, including but not limited to any Party’s right to assert the 7 attorney-client privilege, the attorney work product doctrine, or other privileges, or 8 any Party’s right to contest any such assertion. 9 4. Any Documents, Testimony or Information to be designated as 10 “Confidential” must be clearly so designated, with the word “Confidential”, “Subject 11 to Protective Order” or have a substantially similar notice on the document before the 12 Document, Testimony or Information is Disclosed or produced. The parties may 13 agree that the case name and number are to be part of the “Confidential” designation. 14 The “Confidential” designation should not obscure or interfere with the legibility of 15 the designated Information. 16 a. For Documents (apart from transcripts of depositions or other 17 pretrial or trial proceedings), the Designating Party must affix the legend 18 “Confidential” or a substantially similar notice on each page of any Document 19 containing such designated material. 20 b. For Testimony given in depositions the Designating Party may 21 either: 22 i. identify on the record, before the close of the deposition, all 23 “Confidential” Testimony, by specifying all portions of the Testimony that qualify as 24 “Confidential;” or 25 ii. designate the entirety of the Testimony at the deposition as 26 “Confidential” (before the deposition is concluded) with the right to identify more 27 specific portions of the Testimony as to which protection is sought within 30 days 28 following receipt of the deposition transcript. In circumstances where portions of the 1 deposition Testimony are designated for protection, the transcript pages containing 2 “Confidential” Information may be separately bound by the court reporter, who must 3 affix to the top of each page the legend “Confidential,” as instructed by the 4 Designating Party. When Protected Documents or information obtained therefrom is 5 designated as “Confidential” in a deposition transcript, the counsel making the 6 designation shall instruct the reporter to imprint the legend “THIS TRANSCRIPT 7 CONTAINS CONFIDENTIAL INFORMATION” on the cover page of the transcript 8 and to include, at the front of the transcript, a page identifying all pages and lines 9 designated “CONFIDENTIAL” in the transcript. 10 c. To the extent that Protected Documents or information obtained 11 therefrom are used in the taking of depositions and/or used as exhibits at trial, such 12 documents or information shall remain subject to the provisions of this Order, along 13 with the transcript pages of the deposition testimony and/or trial testimony dealing 14 with the Protected Documents or information. 15 d. For Information produced in some form other than Documents, 16 and for any other tangible items, including, without limitation, compact discs or 17 DVDs, the Designating Party must affix in a prominent place on the exterior of the 18 container or containers in which the Information or item is stored the legend 19 “Confidential.” If only portions of the Information or item warrant protection, the 20 Designating Party, to the extent practicable, shall identify the “Confidential” portions. 21 5. The inadvertent production by any of the undersigned Parties or non- 22 Parties to the Proceedings of any Document, Testimony or Information during 23 discovery in this Proceeding without a “Confidential” designation, shall be without 24 prejudice to any claim that such item is “Confidential” and such Party shall not 25 be held to have waived any rights by such inadvertent production. In the event that 26 any Document, Testimony or Information that is subject to a “Confidential” 27 designation is inadvertently produced without such designation, the Party that 28 inadvertently produced the document shall give written notice of such inadvertent 1 production within twenty (20) days of discovery of the inadvertent production, 2 together with a further copy of the subject Document, Testimony or Information 3 designated as “Confidential” (the “Inadvertent Production Notice”). Upon receipt of 4 such Inadvertent Production Notice, the Party that received the inadvertently 5 produced Document, Testimony or Information shall promptly destroy the 6 inadvertently produced Document, Testimony or Information and all copies 7 thereof, or, at the expense of the producing Party, return such together with all 8 copies of such Document, Testimony or Information to counsel for the producing 9 Party and shall retain only the “Confidential” designated Materials. Should the 10 receiving Party choose to destroy such inadvertently produced Document, 11 Testimony or Information, the receiving Party shall notify the producing Party in 12 writing of such destruction within ten (10) days of receipt of written notice of the 13 inadvertent production. This provision is not intended to apply to any inadvertent 14 production of any Information protected by attorney-client or work product 15 privileges. In the event that this provision conflicts with any applicable law 16 regarding waiver of confidentiality through the inadvertent production of Documents, 17 Testimony or Information, such law shall govern. 18 6. The parties may disclose and produce responsive documents to each 19 other in this litigation and seek to do so without risking waiver of any attorney-client 20 privilege, work product or other applicable privilege or protection. As such, the 21 parties will adhere to the following procedures with regard to the production of 22 privileged or protected material, should that occur: 23 a. The production of documents (including both paper documents and 24 electronically stored information or “ESI”) subject to protection by 25 the attorney-client and/or work product doctrine or by another legal 26 27 privilege protecting information from discovery, shall not constitute a 28 1 producing party notifies the receiving party, in writing, of the 2 production after its discovery of the same. 3 b. If the producing party notifies the receiving party after discovery that 4 privileged materials (hereinafter referred to as the “Identified 5 Materials”) have been produced, the Identified Materials and all 6 copies of those materials shall be returned to the producing party or 7 destroyed or deleted, on request of the producing party. The 8 producing party will provide a privilege log providing information 9 upon request or if required by the applicable case law to the receiving 10 party at the time the producing party provides the receiving party 11 notice of the Identified Materials. If the receiving party has any notes 12 or other work product reflecting the contents of the Identified 13 Materials, the receiving party will not review or use those materials 14 unless a court later designates the Identified Materials as not 15 privileged or protected. 16 c. The Identified Materials shall be deleted from any systems used to 17 house the documents, including document review databases, e-rooms 18 and any other location that stores the documents. The receiving party 19 may make no use of the Identified Materials during any aspect of this 20 matter or any other matter, including in depositions or at trial, unless 21 the documents have been designated by a court as not privileged or 22 protected. 23 d. The contents of the Identified Materials shall not be disclosed to 24 anyone who was not already aware of the contents of them before the 25 notice was made. The receiving party must take reasonable steps to 26 retrieve the Identified Materials if the receiving party disclosed the 27 Identified Materials before being notified. 28 1 e. If any receiving party is in receipt of a document from a producing 2 party which the receiving party has reason to believe is privileged, the 3 receiving party shall in good faith take reasonable steps to promptly 4 notify the producing party of the production of that document so that 5 the producing party may make a determination of whether it wishes to 6 have the documents returned or destroyed pursuant to this Stipulation 7 and Order. 8 f. The party returning the Identified Materials may move the Court for 9 an order compelling production of some or all of the Identified 10 Material returned or destroyed, but the basis for such motion may not 11 be based on the fact or circumstances of the production. 12 g. The disclosure of Identified Materials in this action is not a waiver of 13 the attorney-client privilege, work product doctrine or any other 14 asserted privilege in any other federal or state proceeding, pursuant to 15 Code of Civil Procedure §§ 2018.010 et seq. 16 7. No provision of this stipulated order shall constitute a concession by any 17 party that any documents are subject to protection by the attorney-client privilege, the 18 work product doctrine or any other potentially applicable privilege or doctrine. No 19 provision of this stipulated order is intended to waive or limit in any way either 20 party’s right to contest any privilege claims that may be asserted with respect to any 21 of the documents produced except to the extent set forth herein. 22 8. In the event that counsel for a Party receiving Documents, Testimony or 23 Information in discovery designated as “Confidential” objects to such designation 24 with respect to any or all of such items, said counsel shall advise counsel for the 25 Designating Party, in writing, of such objections, the specific Documents (identified 26 by specific bates number), Testimony or Information to which each objection 27 pertains, and the specific reasons and support for such objections (the “Designation 28 Objections”). Counsel for the Designating Party shall have thirty (30) days from 1 receipt of the written Designation Objections to either (a) agree in writing to de- 2 designate Documents, Testimony or Information pursuant to any or all of the 3 Designation Objections and/or (b) file a motion with the Court seeking to uphold any 4 or all designations on Documents, Testimony or Information addressed by the 5 Designation Objections (the “Designation Motion”). Pending a resolution of the 6 Designation Motion by the Court, any and all existing designations on the 7 Documents, Testimony or Information at issue in such Motion shall remain in place. 8 The Designating Party shall have the burden on any Designation Motion of 9 establishing the applicability of its “Confidential” designation. In the event that the 10 Designation Objections are neither timely agreed to nor timely addressed in the 11 Designation Motion, then such Documents, Testimony or Information shall be de- 12 designated in accordance with the Designation Objection applicable to such material. 13 9. Any document or any information designated as “Subject to Protective 14 Order,” “Confidential,” or similar language in accordance with the provisions of this 15 Order shall only be used, shown, or disclosed as provided in this Order. 16 10. Access to and/or Disclosure of Confidential Materials designated as 17 “Confidential” shall be permitted only to the following persons or entities: 18 a. the Court and its personnel; 19 b. (1) Attorneys of record in the Proceedings and their affiliated 20 attorneys who are actively involved in the Proceedings and are not employees of any 21 Party. (2) In-house counsel to the undersigned Parties and the paralegal, clerical and 22 secretarial staff employed by such counsel. Provided, however, that each non-lawyer 23 given access to Confidential Materials shall be advised that such Materials are being 24 Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective 25 Order and that they may not be Disclosed other than pursuant to its terms and required 26 to execute Exhibit A agreeing to be bound by the terms of this protective order prior to 27 disclosure. 28 c. those attorneys of record and their affiliated attorneys, experts, and 1 agents of all non-designating Parties that counsel for such Parties deems necessary to 2 aid counsel in the prosecution and defense of this Proceeding; provided, however, 3 that prior to the Disclosure of Confidential Materials to any such attorney of record 4 and their affiliated attorneys, experts, and/or agents, counsel for the Party making the 5 Disclosure shall deliver a copy of this Stipulation and Protective Order to such 6 person, shall explain that such person is bound to follow the terms of such Order, 7 and shall secure the signature of such person on a statement in the form attached 8 hereto as Exhibit A; 9 d. court reporters or videographers in this Proceeding (whether at 10 depositions, hearings, or any other proceeding); 11 e. any deposition, trial or hearing witness in the Proceeding who 12 previously has had access to the Confidential Materials, or who is currently or was 13 previously an officer, director, partner, member, or employee of an entity that has had 14 access to the Confidential Materials, or who has been produced by the Designating 15 Party pursuant to Fed. R. Civ. P. 30 to testify regarding matters related to the 16 Confidential Materials. 17 f. litigation support consultants and vendors retained by the Parties to 18 provide litigation support services (e.g. photocopying, electronic discovery, 19 videotaping, translating, preparing exhibits or demonstrations, etc.), provided, 20 however, that prior to the Disclosure of Confidential Materials to any such consultant 21 or vendor, counsel for the Party making the Disclosure shall deliver a copy of this 22 Protective Order to such person, shall explain its terms to such person, and shall 23 secure the signature of such person on a statement in the form attached hereto as 24 Exhibit A; 25 g. outside experts or expert consultants consulted by the 26 undersigned Parties or their counsel in connection with the Proceeding (provided 27 that no disclosure shall be made to any expert or consultant who is currently employed 28 by an automobile manufacturer competitor of Nissan), whether or not retained to 1 testify at any oral hearing; provided, however, that prior to the Disclosure of 2 Confidential Materials to any such expert or expert consultant, counsel for the 3 Party making the Disclosure shall deliver a copy of this Stipulation and 4 Protective Order to such person, shall explain its terms to such person, and shall 5 secure the signature of such person on a statement in the form attached hereto as 6 Exhibit A. It shall be the obligation of counsel, upon learning of any breach or 7 threatened breach of this Stipulation and Protective Order by any such expert or 8 expert consultant, to promptly notify counsel for the Designating Party of such 9 breach or threatened breach; and 10 h. any other person or entity that the Designating Party agrees to in 11 writing. 12 11. Confidential Materials shall be used by the persons or entities receiving 13 them only for the purposes of preparing for, conducting, participating in the conduct 14 of, and/or prosecuting and/or defending the Proceeding, and not for any business or 15 other purpose whatsoever. 16 a. While the Parties may provide Confidential Materials in 17 accordance with the provisions of this Protective Order in an electronic form, such 18 documents may not be posted on any website or internet accessible document 19 repository that is accessible to anyone other than the persons noted in paragraph 8 20 above. 21 b. All persons described in Paragraph 8 above shall not under any 22 circumstance sell, offer for sale, advertise or publicize either the Confidential 23 Materials or the information contained therein or the fact that such persons have 24 obtained the Confidential Materials 25 c. All persons described in Paragraphs 8 above shall not have access 26 to Confidential Documents without having first read, acknowledged, and agreed to be 27 bound by this Order by executing the Agreement to be Bound attached as Exhibit A 28 (the “Agreement to Be Bound”). 1 12. Any Party to the Proceeding (or other person subject to the terms of this 2 Stipulation and Protective Order) may ask the Court, after appropriate notice to the 3 other Parties to the Proceeding, to modify or grant relief from any provision of this 4 Stipulation and Protective Order. 5 13. Entering into, agreeing to, and/or complying with the terms of this 6 Stipulation and Protective Order shall not: 7 a. operate as an admission by any person that any particular 8 Document, Testimony or Information marked “Confidential” contains or reflects trade 9 secrets, proprietary, confidential or competitively sensitive business, commercial, 10 financial or personal information; or 11 b. prejudice in any way the right of any Party (or any other person 12 subject to the terms of this Stipulation and Protective Order): 13 i. to seek a determination by the Court of whether any 14 particular Confidential Material should be subject to protection as “Confidential” 15 under the terms of this Stipulation and Protective Order; or 16 ii. to seek relief from the Court on appropriate notice to all 17 other Parties to the Proceeding from any provision(s) of this Stipulation and Protective 18 Order, either generally or as to any particular Document, Material or Information. 19 14. Any Party to the Proceeding who has not executed this Stipulation and 20 Protective Order as of the time it is presented to the Court for signature may thereafter 21 become a Party to this Stipulation and Protective Order by its counsel’s signing and 22 dating a copy thereof and filing the same with the Court, and serving copies of such 23 signed and dated copy upon the other Parties to this Stipulation and Protective Order. 24 15. Any Information that may be produced by a non-Party witness in 25 discovery in the Proceeding pursuant to subpoena or otherwise may be designated by 26 such non-Party as “Confidential” under the terms of this Stipulation and Protective 27 Order, and any such designation by a non-Party shall have the same force and effect, 28 and create the same duties and obligations, as if made by one of the undersigned 1 Parties hereto. Any such designation shall also function as a consent by such 2 producing Party to the authority of the Court in the Proceeding to resolve and 3 conclusively determine any motion or other application made by any person or Party 4 with respect to such designation, or any other matter otherwise arising under this 5 Stipulation and Protective Order. 6 16. If any person subject to this Stipulation and Protective Order who has 7 custody of any Confidential Materials receives a subpoena or other process 8 (“Subpoena”) from any government or other person or entity demanding production 9 of Confidential Materials, the recipient of the Subpoena shall promptly give notice of 10 the same by electronic mail transmission within forty eight (48) hours of receipt, 11 followed by either express mail or overnight delivery to counsel of record for the 12 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon 13 receipt of this notice, the Designating Party may, in its sole discretion and at its own 14 cost, move to quash or limit the Subpoena, otherwise oppose production of the 15 Confidential Materials, and/or seek to obtain confidential treatment of such 16 Confidential Materials from the subpoenaing person or entity to the fullest extent 17 available under law. The recipient of the Subpoena may not produce any 18 Documents, Testimony or Information pursuant to the Subpoena prior to the date 19 specified for production on the Subpoena. 20 17. Nothing in this Stipulation and Protective Order shall be construed to 21 preclude either Party from asserting in good faith that certain Confidential Materials 22 require additional protection. The Parties shall meet and confer to agree upon the 23 terms of such additional protection. 24 18. If, after execution of this Stipulation and Protective Order, any 25 Confidential Materials submitted by a Designating Party under the terms of this 26 Stipulation and Protective Order is Disclosed by a non-Designating Party to any 27 person other than in the manner authorized by this Stipulation and Protective Order, 28 the non-Designating Party responsible for the Disclosure shall bring all pertinent 1 facts relating to the Disclosure of such Confidential Materials to the immediate 2 attention of the Designating Party. 3 19. This Stipulation and Protective Order is entered into without prejudice to 4 the right of any Party to knowingly waive the applicability of this Stipulation and 5 Protective Order to any Confidential Materials designated by that Party. If the 6 Designating Party uses Confidential Materials in a non-Confidential manner, then the 7 Designating Party shall advise that the designation no longer applies. If any provision 8 of this Protective Order shall be held invalid for any reason whatsoever, the remaining 9 provisions shall not be affected thereby. 10 20. Where any Confidential Materials, or Information derived from 11 Confidential Materials, is included in any motion or other proceeding governed by 12 Fed. R. Civ. P 83 the party shall follow those rules. With respect to discovery 13 motions or other proceedings not governed by Fed. R. Civ. P 83, the following shall 14 apply: If Confidential Materials or Information derived from Confidential 15 Materials are submitted to or otherwise disclosed to the Court in connection with 16 discovery motions and proceedings, the same shall be separately filed under seal with 17 the clerk of the Court in an envelope marked: “CONFIDENTIAL – FILED UNDER 18 SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY 19 FURTHER SEALING ORDER REQUIRED.” 20 21. The Parties shall meet and confer regarding the procedures for use of 21 Confidential Materials at trial and shall move the Court for entry of an appropriate 22 order. 23 22. Nothing in this Stipulation and Protective Order shall affect the 24 admissibility into evidence of Confidential Materials or abridge the rights of any 25 person to seek judicial review or to pursue other appropriate judicial action with 26 respect to any ruling made by the Court concerning the issue of the status of Protected 27 Material. 28 This Stipulation and Protective Order shall continue to be binding after the 1 conclusion of this Proceeding and all subsequent proceedings arising from this 2 Proceeding, except that a Party may seek the written permission of the Designating 3 Party or may move the Court for relief from the provisions of this Stipulation and 4 Protective Order. To the extent permitted by law, the Court shall retain jurisdiction 5 to enforce, modify, or reconsider this Stipulation and Protective Order, even after 6 the Proceeding is terminated. 7 23. Upon written request made within thirty (30) days after the 8 settlement or other termination of the Proceeding, counsel for the Party who has 9 received Protected Documents shall either: (a) return to the Designating Party the 10 Protected Documents, including any documents which any such Party disclosed to any 11 Qualified Person, or (b) securely destroy the Protected Documents, including any 12 documents which any such Party disclosed to any Qualified Person and certify in 13 writing such destruction to the Designating Party. 14 24. After this Protective Order has been signed by counsel for all Parties, it 15 shall be presented to the Court for entry. Counsel agree to be bound by the terms set 16 forth herein with regard to any Confidential Materials that have been produced 17 before the Court signs this Stipulation and Protective Order. 18 25. The parties do not waive their right to seek modification to this Protective 19 Order by agreement or leave of the Court. 20 26. The Parties and all signatories to the Certification attached hereto as 21 Exhibit A agree to be bound by this Stipulation and Protective Order pending its 22 approval and entry by the Court. In the event that the Court modifies this Stipulation 23 and Protective Order, or in the event that the Court enters a different Protective 24 Order, the Parties agree to be bound by this Stipulation and Protective Order until 25 such time as the Court may enter such a different Order. It is the Parties’ intent to 26 be bound by the terms of this Stipulation and Protective Order pending its 27 entry so as to allow for immediate production of Confidential Materials under the 28 terms herein. 1 This Stipulation and Protective Order may be executed in counterparts. 2 3 || Dated: By: 4 Attorneys for Plaintiff, KEVIN Y. JACOBSON 5 ALLEN AMARKARIAN 6 7 || Dated: By: __/s/ Carmen G. Espinosa Attorneys for Defendant, NISSAN NORTH AMERICA, INC. 9 10 ORDER 11 The court has reviewed the parties’ stipulated protective order. (See ECF No. 12.) The 12 || stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 13 || 141.1. The court APPROVES the protective order, subject to the following clarification. The Local 14 Rules state that once an action is closed, “unless otherwise ordered, the court will not retain 15 jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 16 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting that courts in the district generally do not agree to retain jurisdiction for disputes 17 concerning protective orders after closure of the case). Thus, despite the parties’ agreement at par. 18 22, the court will not retain jurisdiction over this protective order once the case is closed. 19 20 Dated: February 15, 2023 a1 22 Arersell Netorreann— KENDALL J.NE 23 UNITED STATES MAGISTRATE JUDGE 24 harr.2026 25 26 27 28 -16- Case No. 2:22-cv-02026-KJM-KJN 1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am about to receive 5 Confidential Materials supplied in connection with the Proceeding, (2:22—CV- 6 02026—KJM—KJN.) I certify that I understand that the Confidential Materials are 7 provided to me subject to the terms and restrictions of the Protective Order filed in 8 this Proceeding. I have been given a copy of the Stipulation and Protective Order; I 9 have read it, and I agree to be bound by its terms. 10 I understand that the Confidential Materials, as defined in the Stipulation and 11 Protective Order, including any notes or other records that may be made regarding 12 any such materials, shall not be Disclosed to anyone except as expressly permitted by 13 the Stipulation and Protective Order. I will not copy or use, except solely for the 14 purposes of this Proceeding, any Confidential Materials obtained pursuant to this 15 Protective Order, except as provided therein or otherwise ordered by the Court in the 16 Proceeding. 17 I further understand that I am to retain all copies of all Confidential Materials 18 provided to me in the Proceeding in a secure manner, and that all copies of such 19 Materials are to remain in my personal custody until termination of my participation 20 in this Proceeding, whereupon the copies of such materials will be returned to 21 counsel who provided me with such Materials. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 I declare under penalty of perjury, under the laws of the State of California, 2 that the foregoing is true and correct. Executed this day of , 20 , 3 at . 4 5 DATED: BY: Signature 6 7 Title: 8 Address: 9 City, State, Zip: 10 Telephone Number: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28