Brown v. Cemex, Inc. ( 2023 )

1 HANSON BRIDGETT LLP DOROTHY S. LIU, SBN 196369 2 dliu@hansonbridgett.com KENDALL C. FISHER-WU, SBN 322155 3 kfisher-wu@hansonbridgett.com 500 Capitol Mall, Suite 1500 4 Sacramento, California 95814 Telephone: (916) 442-3333 5 Facsimile: (916) 442-2348 6 Attorneys for Defendants CEMEX CONSTRUCTION MATERIALS 7 PACIFIC, LLC and CEMEX, INC. 8 Joshua H. Watson SBN 238058 CLAYEO C. ARNOLD, PC 9 865 Howe Avenue Sacramento, CA 95825 10 Telephone: (916) 777-7777 Facsimile: (916) 924-1829 11 jwatson@justice4you.com 12 Attorneys for Plaintiff Brian Brown 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 16 17 BRIAN BROWN, No. 2:22-cv-02128-WBS-DB 18 Plaintiff, STIPULATED PROTECTIVE ORDER 19 v. 20 CEMEX, INC.; CEMEX CONSTRUCTION 21 MATERIALS PACIFIC, LLC; and DOES 1 to 10, 22 Defendants. 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of 3 confidential, proprietary, or private information for which 4 special protection from public disclosure and from use for any 5 purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the 7 Court to enter the following Stipulated Protective Order. The 8 parties acknowledge that this Order does not confer blanket 9 protections on all disclosures or responses to discovery and that 10 the protection it affords from public disclosure and use extends 11 only to the limited information or items that are entitled to 12 confidential treatment under the applicable legal principles. The 13 parties further acknowledge, as set forth in Section 13.3, below, 14 that this Stipulated Protective Order does not entitle them to 15 file confidential information under seal; Civil Local Rule 141 16 sets forth the procedures that must be followed and the standards 17 that will be applied when a party seeks permission from the court 18 to file material under seal. 19 1.1. Good Cause Statement. This action is likely to 20 involve confidential employment records, personnel files, and 21 other valuable research, development, commercial, financial, 22 technical and/or proprietary information, trade secrets or 23 customer and pricing information, for which special protection 24 from public disclosure and from use for any purpose other than 25 prosecution of this action is warranted. Such confidential and 26 proprietary materials and information consist of, among other 27 things, confidential business or financial information, 1 files, contact information, confidential business practices, and 2 other confidential research, development, or commercial 3 information (including information implicating privacy rights of 4 third parties), information otherwise generally unavailable to 5 the public, or which may be privileged or otherwise protected 6 from disclosure under state or federal statutes, court rules, 7 case decisions, or common law. Accordingly, to expedite the flow 8 of information, to facilitate the prompt resolution of disputes 9 over confidentiality of discovery materials, to adequately 10 protect information the parties are entitled to keep 11 confidential, to ensure that the parties are permitted reasonable 12 necessary uses of such material in preparation for and in the 13 conduct of trial, to address their handling at the end of the 14 litigation, and serve the ends of justice, a protective order for 15 such information is justified in this matter. It is the intent of 16 the parties that information will not be designated as 17 confidential for tactical reasons and that nothing will be so 18 designated without a good faith belief that it has been 19 maintained in a confidential, non-public manner, and there is 20 good cause why it should not be part of the public record of this 21 case. 22 2. DEFINITIONS 23 2.1 Action: this pending federal law suit, Brian Brown 24 v. CEMEX Construction Materials Pacific, LLC., et al., Case No. 25 2:22-cv-02128-WBS-DB. 26 2.2 Challenging Party: A Party or Non-Party that 27 challenges the designation of information or items under this 1 2.3 “CONFIDENTIAL” Information or Items: information 2 (regardless of how it is generated, stored or maintained) or 3 tangible things that qualify for protection under Federal Rule of 4 Civil Procedure 26(c), and as specified above in the Good Cause 5 Statement. 6 2.4 Counsel: Outside Counsel of Record and House 7 Counsel (as well as their support staff). 8 2.5 Designating Party: A Party or Non-Party that 9 designates information or items that it produces in disclosures 10 or in responses to discovery as “CONFIDENTIAL.” 11 2.6 Disclosure or Discovery Material: All items or 12 information, regardless of the medium or manner in which it is 13 generated, stored, or maintained (including, among other things, 14 testimony, transcripts, and tangible things), that are produced 15 or generated in disclosures or responses to discovery in this 16 matter. 17 2.7 Expert: A person with specialized knowledge or 18 experience in a matter pertinent to the litigation who has been 19 retained by a Party or its counsel to serve as an expert witness 20 or as a consultant in this Action. 21 2.8 House Counsel: Attorneys who are employees of a 22 party to this Action. House Counsel does not include Outside 23 Counsel of Record or any other outside counsel. 24 2.9 Non-Party: Any natural person, partnership, 25 corporation, association, or other legal entity not named as a 26 Party to this action. 27 2.10 Outside Counsel of Record: Attorneys who are not 1 or advise a party to this Action and have appeared in this Action 2 on behalf of that party or are affiliated with a law firm which 3 has appeared on behalf of that party, and includes support staff. 4 2.11 Party: Any party to this Action, including all of 5 its officers, directors, employees, consultants, retained 6 experts, and Outside Counsel of Record (and their support 7 staffs). 8 2.12 Producing Party: A Party or Non-Party that 9 produces Disclosure or Discovery Material in this Action. 10 2.13 Professional Vendors: Persons or entities that 11 provide litigation support services (e.g., photocopying, 12 videotaping, translating, preparing exhibits or demonstrations, 13 and organizing, storing, or retrieving data in any form or 14 medium) and their employees and subcontractors. 15 2.14 Protected Material: Any Disclosure or Discovery 16 Material that is designated as “CONFIDENTIAL.” 17 2.15 Receiving Party: a Party that receives Disclosure 18 or Discovery Material from a Producing Party. 19 3. SCOPE 20 The protections conferred by this Stipulation and Order 21 cover not only Protected Material (as defined above), but also 22 (1) any information copied or extracted from Protected Material; 23 (2) all copies, excerpts, summaries, or compilations of Protected 24 Material; and (3) any testimony, conversations, or presentations 25 by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by 27 the orders of the trial judge. This Order does not govern the use 1 4. DURATION 2 Even after final disposition of this litigation, the 3 confidentiality obligations imposed by this Order shall remain in 4 effect until a Designating Party agrees otherwise in writing or a 5 court order otherwise directs. Final disposition shall be deemed 6 to be the later of (1) dismissal of all claims and defenses in 7 this Action, with or without prejudice; and (2) final judgment 8 herein after the completion and exhaustion of all appeals, 9 rehearings, remands, trials, or reviews of this Action, including 10 the time limits for filing any motions or applications for 11 extension of time pursuant to applicable law. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating 14 Material for Protection. Each Party or Non-Party that designates 15 information or items for protection under this Order must take 16 care to limit any such designation to specific material that 17 qualifies under the appropriate standards. The Designating Party 18 must designate for protection only those parts of material, 19 documents, items, or oral or written communications that qualify 20 so that other portions of the material, documents, items, or 21 communications for which protection is not warranted are not 22 swept unjustifiably within the ambit of this Order. 23 Mass, indiscriminate, or routinized designations are 24 prohibited. Designations that are shown to be clearly unjustified 25 or that have been made for an improper purpose (e.g., to 26 unnecessarily encumber the case development process or to impose 27 unnecessary expenses and burdens on other parties) may expose the 1 If it comes to a Designating Party’s attention that 2 information or items that it designated for protection do not 3 qualify for protection, that Designating Party must promptly 4 notify all other Parties that it is withdrawing the inapplicable 5 designation. 6 5.2 Manner and Timing of Designations. Except as 7 otherwise provided in this Order (see, e.g., second paragraph of 8 section 5.2(a) below), or as otherwise stipulated or ordered, 9 Disclosure or Discovery Material that qualifies for protection 10 under this Order must be clearly so designated before the 11 material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) For information in documentary form (e.g., paper or 14 electronic documents, but excluding transcripts of depositions or 15 other pretrial or trial proceedings), that the Producing Party 16 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 17 “CONFIDENTIAL legend”), to each page that contains protected 18 material. If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate 21 markings in the margins). 22 A Party or Non-Party that makes original documents available 23 for inspection need not designate them for protection until after 24 the inspecting Party has indicated which documents it would like 25 copied and produced. During the inspection and before the 26 designation, all of the material made available for inspection 27 shall be deemed “CONFIDENTIAL.” After the inspecting Party has 1 Producing Party must determine which documents, or portions 2 thereof, qualify for protection under this Order. Then, before 3 producing the specified documents, the Producing Party must affix 4 the “CONFIDENTIAL legend” to each page that contains Protected 5 Material. If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly 7 identify the protected portion(s) (e.g., by making appropriate 8 markings in the margins). 9 (b) for testimony given in depositions that the Designating 10 Party identify the Disclosure or Discovery Material on the 11 record, before the close of the deposition all protected 12 testimony. 13 (c) for information produced in some form other than 14 documentary and for any other tangible items, that the Producing 15 Party affix in a prominent place on the exterior of the container 16 or containers in which the information is stored the legend 17 “CONFIDENTIAL.” If only a portion or portions of the information 18 warrants protection, the Producing Party, to the extent 19 practicable, shall identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely 21 corrected, an inadvertent failure to designate qualified 22 information or items does not, standing alone, waive the 23 Designating Party’s right to secure protection under this Order 24 for such material. Upon timely correction of a designation, the 25 Receiving Party must make reasonable efforts to assure that the 26 material is treated in accordance with the provisions of this 27 Order. 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may 3 challenge a designation of confidentiality at any time, with the 4 exception of documents designated confidential that fall within 5 the “Excepted Categories,” discussed below. Unless a prompt 6 challenge to a Designating Party’s confidentiality designation is 7 necessary to avoid foreseeable, substantial unfairness, 8 unnecessary economic burdens, or a significant disruption or 9 delay of the litigation, a Party does not waive its right to 10 challenge a confidentiality designation by electing not to mount 11 a challenge promptly after the original designation is disclosed, 12 with the exception of the “Excepted Categories,” which is defined 13 as: business documents relating to company policies and 14 procedures, employment-related or medical documents pertaining to 15 third parties (including but not limited to current or former 16 employees and job applicants), and other documents that contain 17 private information about third parties. Any challenge to a 18 Designating Party’s confidentiality designation of a document in 19 the Excepted Categories must be made by the Challenging Party 20 within fourteen (“14”) calendar days after disclosure of the 21 designation. 22 6.2 Meet and Confer. The Challenging Party shall initiate 23 the dispute resolution process by providing written notice of 24 each designation it is challenging and describing the basis for 25 each challenge. To avoid ambiguity as to whether a challenge has 26 been made, the written notice must recite that the challenge to 27 confidentiality is being made in accordance with this specific 1 resolve each challenge in good faith and must begin the process 2 by conferring directly (in voice to voice dialogue; other forms 3 of communication are not sufficient) within 14 days of the date 4 of service of notice. In conferring, the Challenging Party must 5 explain the basis for its belief that the confidentiality 6 designation was not proper and must give the Designating Party an 7 opportunity to review the designated material, to reconsider the 8 circumstances, and, if no change in designation is offered, to 9 explain the basis for the chosen designation. A Challenging Party 10 may proceed to the next stage of the challenge process only if it 11 has engaged in this meet and confer process first or establishes 12 that the Designating Party is unwilling to participate in the 13 meet and confer process in a timely manner. 14 6.3 Judicial Intervention. If the Parties cannot resolve a 15 challenge without court intervention, the Designating Party shall 16 file and serve a motion to retain confidentiality under Civil 17 Local Rule 230 (and in compliance with Civil Local Rule 141, if 18 applicable) within 21 days of the initial notice of challenge or 19 within 14 days of the parties agreeing that the meet and confer 20 process will not resolve their dispute, whichever is earlier. 21 Each such motion must be accompanied by a competent declaration 22 affirming that the movant has complied with the meet and confer 23 requirements imposed in the preceding paragraph. Failure by the 24 Designating Party to make such a motion including the required 25 declaration within 21 days (or 14 days, if applicable) shall 26 automatically waive the confidentiality designation for each 27 challenged designation. In addition, the Challenging Party may 1 time if there is good cause for doing so, including a challenge 2 to the designation of a deposition transcript or any portions 3 thereof. Any motion brought pursuant to this provision must be 4 accompanied by a competent declaration affirming that the movant 5 has complied with the meet and confer requirements imposed by the 6 preceding paragraph. If a challenge is to the designation of 7 documents that fall within the Excepted Categories, the 8 Challenging Party shall bear the burden of filing a motion 9 challenging the confidentiality designation within the same time 10 requirements apply as set forth in this paragraph. The 11 confidentiality designation of a document in the Excepted 12 Categories shall remain in place unless the document is subject 13 to a Court order requiring the removal of such confidentiality 14 designation. 15 The burden of persuasion in any such challenge proceeding 16 shall be on the Designating Party, with the exception of 17 documents in the Excepted Categories, for which the burden of 18 persuasion in any such challenge proceeding shall be on the 19 Challenging Party. Frivolous challenges, and those made for an 20 improper purpose (e.g., to harass or impose unnecessary expenses 21 and burdens on other parties) may expose the Challenging Party to 22 sanctions. Unless the Designating Party has waived the 23 confidentiality designation by failing to file a motion to retain 24 confidentiality as described above, all parties shall continue to 25 afford the material in question the level of protection to which 26 it is entitled under the Producing Party’s designation until the 27 court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use 3 Protected Material that is disclosed or produced by another Party 4 or by a Non-Party in connection with this Action only for 5 prosecuting, defending, or attempting to settle this Action. Such 6 Protected Material may be disclosed only to the categories of 7 persons and under the conditions described in this Order. When 8 the Action has been terminated, a Receiving Party must comply 9 with the provisions of Section 13 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a 11 Receiving Party at a location and in a secure manner that ensures 12 that access is limited to the persons authorized under this 13 Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 15 Unless otherwise ordered by the court or permitted in writing by 16 the Designating Party, a Receiving Party may disclose any 17 information or item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this 19 Action, as well as employees of said Outside Counsel of Record to 20 whom it is reasonably necessary to disclose the information for 21 this Action; 22 (b) the officers, directors, and employees (including House 23 Counsel) of the Receiving Party to whom disclosure is reasonably 24 necessary for this Action; 25 (c) Experts (as defined in this Order) of the Receiving 26 Party to whom disclosure is reasonably necessary for this Action 27 and who have signed the “Acknowledgment and Agreement to Be 1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, 4 and Professional Vendors to whom disclosure is reasonably 5 necessary for this Action and who have signed the “Acknowledgment 6 and Agreement to Be Bound” (Exhibit A); 7 (g) the author or recipient of a document containing the 8 information or a custodian or other person who otherwise 9 possessed or knew the information; 10 (h) during their depositions, witnesses ,and attorneys for 11 witnesses, in the Action to whom disclosure is reasonably 12 necessary provided: (1) the deposing party requests that the 13 witness sign the form attached as Exhibit 1 hereto; and (2) they 14 will not be permitted to keep any confidential information unless 15 they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 16 A), unless otherwise agreed by the Designating Party or ordered 17 by the court. Pages of transcribed deposition testimony or 18 exhibits to depositions that reveal Protected Material may be 19 separately bound by the court reporter and may not be disclosed 20 to anyone except as permitted under this Stipulated Protective 21 Order; and 22 (i) any mediator or settlement officer, and their 23 supporting personnel, mutually agreed upon by any of the parties 24 engaged in settlement discussions. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 26 OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued 1 items designated in this Action as “CONFIDENTIAL,” that Party 2 must: 3 (a) promptly notify in writing the Designating Party. Such 4 notification shall include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the 6 subpoena or order to issue in the other litigation that some or 7 all of the material covered by the subpoena or order is subject 8 to this Protective Order. Such notification shall include a copy 9 of this Stipulated Protective Order; and 10 (c) cooperate with respect to all reasonable procedures 11 sought to be pursued by the Designating Party whose Protected 12 Material may be affected. 13 If the Designating Party timely seeks a protective order, 14 the Party served with the subpoena or court order shall not 15 produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the 18 Designating Party’s permission. The Designating Party shall bear 19 the burden and expense of seeking protection in that court of its 20 confidential material and nothing in these provisions should be 21 construed as authorizing or encouraging a Receiving Party in this 22 Action to disobey a lawful directive from another court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 24 IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information 26 produced by a Non-Party in this Action and designated as 27 “CONFIDENTIAL.” Such information produced by Non-Parties in 1 relief provided by this Order. Nothing in these provisions should 2 be construed as prohibiting a Non-Party from seeking additional 3 protections. 4 (b) In the event that a Party is required, by a valid 5 discovery request, to produce a Non-Party’s confidential 6 information in its possession, and the Party is subject to an 7 agreement with the Non-Party not to produce the Non-Party’s 8 confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party 10 and the Non-Party that some or all of the information requested 11 is subject to a confidentiality agreement with a Non-Party; 12 (2) promptly provide the Non-Party with a copy of the 13 Stipulated Protective Order in this Action, the relevant 14 discovery request(s), and a reasonably specific description of 15 the information requested; and 16 (3) make the information requested available for 17 inspection by the Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from 19 this court within 14 days of receiving the notice and 20 accompanying information, the Receiving Party may produce the 21 Non-Party’s confidential information responsive to the discovery 22 request. If the Non-Party timely seeks a protective order, the 23 Receiving Party shall not produce any information in its 24 possession or control that is subject to the confidentiality 25 agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear 27 the burden and expense of seeking protection in this court of its 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or 3 otherwise, it has disclosed Protected Material to any person or 4 in any circumstance not authorized under this Stipulated 5 Protective Order, the Receiving Party must immediately (a) notify 6 in writing the Designating Party of the unauthorized disclosures, 7 (b) use its best efforts to retrieve all unauthorized copies of 8 the Protected Material, (c) inform the person or persons to whom 9 unauthorized disclosures were made of all the terms of this 10 Order, and (d) request such person or persons to execute the 11 “Acknowledgment and Agreement to Be Bound” that is attached 12 hereto as Exhibit A. 13 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 14 PROTECTED MATERIAL 15 When a Producing Party gives notice to Receiving Parties 16 that certain inadvertently produced material is subject to a 17 claim of privilege or other protection, the obligations of the 18 Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify 20 whatever procedure may be established in an e-discovery order 21 that provides for production without prior privilege review. 22 Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 23 the parties reach an agreement on the effect of disclosure of a 24 communication or information covered by the attorney-client 25 privilege or work product protection, the parties may incorporate 26 their agreement in the stipulated protective order submitted to 27 the court. 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order 3 abridges the right of any person to seek its modification by the 4 Court in the future. 5 12.2 Right to Assert Other Objections. By stipulating 6 to the entry of this Protective Order no Party waives any right 7 it otherwise would have to object to disclosing or producing any 8 information or item on any ground not addressed in this 9 Stipulated Protective Order. Similarly, no Party waives any right 10 to object on any ground to use in evidence of any of the material 11 covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to 13 file under seal any Protected Material must comply with Civil 14 Local Rule 141. Protected Material may only be filed under seal 15 pursuant to a court order authorizing the sealing of the specific 16 Protected Material at issue. If a Party’s request to file 17 Protected Material under seal is denied by the court, then the 18 Receiving Party may file the information in the public record 19 unless otherwise instructed by the court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in 22 Section 5, within 60 days of a written request by the Designating 23 Party, each Receiving Party must return all Protected Material to 24 the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, 26 abstracts, compilations, summaries, and any other format 27 reproducing or capturing any of the Protected Material. Whether 1 Party must submit a written certification to the Producing Party 2 (and, if not the same person or entity, to the Designating Party) 3 by the 60 day deadline that (1) identifies (by category, where 4 appropriate) all the Protected Material that was returned or 5 destroyed and (2) affirms that the Receiving Party has not 6 retained any copies, abstracts, compilations, summaries or any 7 other format reproducing or capturing any of the Protected 8 Material. Notwithstanding this provision, Counsel are entitled to 9 retain an archival copy of all pleadings, motion papers, trial, 10 deposition, and hearing transcripts, legal memoranda, 11 correspondence, deposition and trial exhibits, expert reports, 12 attorney work product, and consultant and expert work product, 13 even if such materials contain Protected Material, pursuant to 14 their document retention policy. Any such archival copies that 15 contain or constitute Protected Material remain subject to this 16 Protective Order as set forth in Section 4 (DURATION). 17 14. Any violation of this Order may be punished by any and 18 all appropriate measures including, without limitation, contempt 19 proceedings and/or monetary sanctions. 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 23 24 25 26 27 1 SIGNATURE CERTIFICATION 2 It is attested that all signatories listed below and on whose 3 behalf this filing is submitted concur in the filing’s content 4 and have authorized this filing, including the use of /s/ 5 electronic signatures. 6 DATED: October 6, 2023 HANSON BRIDGETT LLP 7 By: /s/ Kendall C. Fisher-Wu 8 DOROTHY S. LIU 9 KENDALL C. FISHER-WU Attorneys for Defendants 10 CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC and CEMEX, INC. 11 12 DATED: October 6, 2023 CLAYEO C. ARNOLD, PC 13 14 By: /s/ Joshua H. Watson JOSHUA H. WATSON 15 Attorneys for Plaintiff 16 Brian Brown 17 18 19 20 21 22 23 24 25 26 27 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], 4 of _________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the 7 United States District Court for the Eastern District of 8 California, on ____________, 2023 in the case of Brian Brown v. 9 CEMEX Construction Materials Pacific, LLC., et al., Case No. 10 2:22-cv-02128-WBS-DB.. I agree to comply with and to be bound by 11 all the terms of this Stipulated Protective Order and I 12 understand and acknowledge that failure to so comply could expose 13 me to sanctions and punishment in the nature of contempt. I 14 solemnly promise that I will not disclose in any manner any 15 information or item that is subject to this Stipulated Protective 16 Order to any person or entity except in strict compliance with 17 the provisions of this Order. 18 I further agree to submit to the jurisdiction of the United 19 States District Court for the Eastern District of California for 20 the purpose of enforcing the terms of this Stipulated Protective 21 Order, even if such enforcement proceedings occur after 22 termination of this action. I hereby appoint 23 __________________________ [print or type full name] of 24 _______________________________________ [print or type full 25 address and telephone number] as my California agent for service 26 of process in connection with this action or any proceedings 27 related to enforcement of this Stipulated Protective Order. 1 Date: ______________________________________ 2 City and State where sworn and signed: 3 ______________________________ 4 Printed name: _______________________________ 5 Signature: __________________________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the court 8 under seal. Parties are advised that any request to seal documents in this district is governed by 9 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written 10 order of the court after a specific request to seal has been made. L.R. 141(a). However, a mere 11 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 12 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 13 requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 19 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 certain documents, at any court hearing or trial – such determinations will only be made by the court 22 at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 25 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis 26 or on shortened time. 27 //// 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 of the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: December 1, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27