Martinez v. Manville ( 2023 )

1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal (Bar No. 068687) 2 Kyle R. Nordrehaug (Bar No. 205975) 3 Aparajit Bhowmik (Bar No. 248066) Piya Mukherjee (Bar No. 274217) 4 2255 Calle Clara 5 La Jolla, CA 92037 Telephone: (858) 551-1223 6 Facsimile: (858) 551-1232 7 norm@bamlawca.com 8 Attorneys for Plaintiffs 9 FABIAN MARTINEZ 10 ADDITIONAL COUNSEL LISTED ON FOLLOWING PAGE 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 FABIAN MARTINEZ, an individual, 15 On behalf of himself and on behalf of al No. 2:23-cv-1042 KJM DB persons similarly situated, 16 STIPULATATION AND Plaintiffs, PROTECTIVE 17 ORDER PURSUANT TO E.D. vs. CAL. CIV. L.R. 141.1 18 JOHNS MANVILLE., a Corporation 19 and Does 1 through 50, Inclusive, Defendants. 20 21 22 23 24 25 26 27 MALCOLM A. HEINICKE (State Bar No. 194174) 1 Malcolm.Heinicke@mto.com 2 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor 3 San Francisco, California 94105-3089 4 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 5 6 KATHERINE M. FORSTER (State Bar No. 217609) Katherine.Forster@mto.com 7 ERICA C TOOCH (State Bar No. 333077) 8 erica.toch@mto.com 9 MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, 50th Floor 10 Los Angeles, California 90071 11 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 12 13 Attorneys for Defendant JOHNS MANVILLE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted, including, but not limited to, the following documents and 6 information: the financial payroll records of putative members of the class/subclasses 7 that Plaintiff seeks to represent; time records of putative members of the 8 class/subclasses that Plaintiff seeks to represent; contact information for putative 9 members of the class/subclasses that Plaintiff seeks to represent; ; and any and all 10 employment policies, procedures and/or practices of Defendant JOHNS MANVILLE. 11 The above-referenced documents require protection from public access and/or 12 disclosure because they either implicate Defendant’s financial privacy, privacy 13 concerns of third-parties, or relate to confidential business and/or proprietary 14 documents and/or information that Defendant does not publicly disseminate, 15 respectively. The parties hereby stipulate that a court order rather than a private 16 agreement is necessary because the parties intend to use, disseminate, and/or disclose 17 such documents and/or information in the context of the parties’ litigation, and request 18 that the Court, subject to its approval, enter the parties’ Stipulation and [Proposed] 19 Protective Order (“Stipulated Protective Order”). Accordingly, the parties hereby 20 stipulate to and petition the court to enter the following Stipulated Protective Order. The 21 parties acknowledge that this Order does not confer blanket protections on all 22 disclosures or responses to discovery and that the protection it affords from public 23 disclosure and use extends only to the limited information or items that are entitled to 24 confidential treatment under the applicable legal principles. The parties further 25 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order 26 does not entitle them to file confidential information under seal; Eastern District of 27 California Civil Local Rule 141 (“Local Rule 141”) sets forth the procedures that must 1 the court to file material under seal. 2 2. DEFINITIONS 3 2.1 Challenging Party: a Party or Non-Party that challenges the 4 designation of information or items under this Order. 5 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how 6 it is generated, stored or maintained) or tangible things that qualify for protection under 7 Federal Rule of Civil Procedure 26(c), and specifically, the following documents and/or 8 information: the financial payroll records of putative members of the class/subclasses 9 that Plaintiff seeks to represent; time records of putative members of the 10 class/subclasses that Plaintiff seeks to represent; contact and employment information 11 for putative members of the class/subclasses that Plaintiff seeks to represent; and any 12 and all employment policies, procedures and/or practices of Defendant JOHNS 13 MANVILLE. 14 2.3 Counsel (without qualifier): Outside Counsel of Record and House 15 Counsel (as well as their support staff). 16 2.4 Designating Party: a Party or Non-Party that designates information or 17 items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 2.5 Disclosure or Discovery Material: all items or information, regardless of 20 the medium or manner in which it is generated, stored, or maintained (including, among 21 other things, testimony, transcripts, and tangible things), that are produced or generated 22 in disclosures or responses to discovery in this matter. 23 2.6 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 25 expert witness or as a consultant in this action. 26 2.7 House Counsel: attorneys who are employees of a party to this action. 27 House Counsel does not include Outside Counsel of Record or any other outside 1 2.8 Non-Party: any natural person, partnership, corporation, association, or 2 other legal entity not named as a Party to this action. 3 2.9 Outside Counsel of Record: attorneys who are not employees of a party to 4 this action but are retained to represent or advise a party to this action and have appeared 5 in this action on behalf of that party or are affiliated with a law firm which has appeared 6 on behalf of that party. 7 2.10 Party: any party to this action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this action. 12 2.12 Professional Vendors: persons or entities that provide litigation support 13 services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 15 their employees and subcontractors. 16 2.13 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL – Subject to Protective Order – Martinez v. Johns 18 Manville, Case No. 2:23-cv-01042-KJM-DB (E.D. Cal.).” 19 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 20 from a Producing Party. 21 3. SCOPE 22 The protections conferred by this Stipulated Protective Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or extracted 24 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 25 Protected Material; and (3) any testimony, conversations, or presentations by Parties or 26 their Counsel that might reveal Protected Material. However, the protections conferred 27 by this Stipulation and Order do not cover the following information: (a) any 1 or becomes part of the public domain after its disclosure to a Receiving Party as a result 2 of publication not involving a violation of this Order, including becoming part of the 3 public record through trial or otherwise; and (b) any information known to the 4 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 5 disclosure from a source who obtained the information lawfully and under no obligation 6 of confidentiality to the Designating Party. Any use of Protected Material at trial shall 7 be governed by a separate agreement or order. 8 4. DURATION 9 Even after final disposition of this litigation, the confidentiality obligations 10 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 11 in writing or a court order otherwise directs. Final disposition shall be deemed to be the 12 later of (1) dismissal of all claims and defenses in this action, with or without prejudice; 13 and (2) final judgment herein after the completion and exhaustion of all appeals, 14 rehearings, remands, trials, or reviews of this action, including the time limits for filing 15 any motions or applications for extension of time pursuant to applicable law. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. 18 Each Party or Non-Party that designates information or items for protection under this 19 Order must take care to limit any such designation to specific material that qualifies 20 under the appropriate standards. The Designating Party must designate for protection 21 only those parts of material, documents, items, or oral or written communications that 22 qualify – so that other portions of the material, documents, items, or communications 23 for which protection is not warranted are not swept unjustifiably within the ambit of 24 this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations that 26 are shown to be clearly unjustified or that have been made for an improper purpose 27 (e.g., to unnecessarily encumber or retard the case development process or to impose 1 unnecessary expenses and burdens on other parties) expose the Designating Party to 2 sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this 7 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 8 or ordered, Disclosure or Discovery Material that qualifies for protection under this 9 Order must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper documents, but 12 excluding transcripts of depositions or other pretrial or trial proceedings), that the 13 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 14 protected material. If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 16 by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents or materials available for 18 inspection need not designate them for protection until after the inspecting Party has 19 indicated which material it would like copied and produced. During the inspection and 20 before the designation, all of the material made available for inspection shall be deemed 21 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 22 copied and produced, the Producing Party must determine which documents, or portions 23 thereof, qualify for protection under this Order. Then, before producing the specified 24 documents, the Producing Party must affix the “CONFIDENTIAL – Subject to 25 Protective Order” legend to each page that contains Protected Material. If only a portion 26 or portions of the material on a page qualifies for protection, the Producing Party also 27 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, 2 that the Designating Party identifies on the record, either before or within 10 business 3 days of the close of the deposition, hearing, or other proceeding, all protected testimony. 4 (c) for information produced in some form other than documentary and for 5 any other tangible items, that the Producing Party affix in a prominent place on the 6 exterior of the container or containers in which the information or item is stored the 7 legend “CONFIDENTIAL.” If only a portion or portions of the information or item 8 warrant protection, the Producing Party, to the extent practicable, shall identify the 9 protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive the 12 Designating Party’s right to secure protection under this Order for such material. Upon 13 timely correction of a designation, the Receiving Party must make reasonable efforts to 14 assure that the material is treated in accordance with the provisions of this Order. 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time. Unless a prompt challenge to a Designating 18 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 19 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 20 litigation, a Party does not waive its right to challenge a confidentiality designation by 21 electing not to mount a challenge promptly after the original designation is disclosed. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 23 resolution process by providing written notice of each designation it is challenging and 24 describing the basis for each challenge. To avoid ambiguity as to whether a challenge 25 has been made, the written notice must recite that the challenge to confidentiality is 26 being made in accordance with this specific paragraph of the Protective Order. The 27 parties shall attempt to resolve each challenge in good faith and must begin the process 1 conferring, the Challenging Party must explain the basis for its belief that the 2 confidentiality designation was not proper and must give the Designating Party an 3 opportunity to review the designated material, to reconsider the circumstances, and, if 4 no change in designation is offered, to explain the basis for the chosen designation. A 5 Challenging Party may proceed to the next stage of the challenge process only if it has 6 engaged in this meet and confer process first or establishes that the Designating Party 7 is unwilling to participate in the meet and confer process in a timely manner. 8 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 9 court intervention, the Designating Party shall file and serve a motion to retain 10 confidentiality under Eastern District of California Civil Local Rule 251 (and in 11 compliance with Local Rule 141, if applicable) within 21 days of the initial notice of 12 challenge or within 14 days of the parties agreeing that the meet and confer process will 13 not resolve their dispute, whichever is earlier. Each such motion must be accompanied 14 by a competent declaration affirming that the movant has complied with the meet and 15 confer requirements imposed in the preceding paragraph. Failure by the Designating 16 Party to make such a motion including the required declaration within 21 days (or 14 17 days, if applicable) shall automatically waive the confidentiality designation for each 18 challenged designation. In addition, the Challenging Party may file a motion 19 challenging a confidentiality designation at any time if there is good cause for doing so, 20 including a challenge to the designation of a deposition transcript or any portions 21 thereof. Any motion brought pursuant to this provision must be accompanied by a 22 competent declaration affirming that the movant has complied with the meet and confer 23 requirements imposed by the preceding paragraph. 24 The burden of persuasion in any such challenge proceeding shall be on the 25 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 26 to harass or impose unnecessary expenses and burdens on other parties) may expose the 27 Challenging Party to sanctions. Unless the Designating Party has waived the 1 described above, all parties shall continue to afford the material in question the level of 2 protection to which it is entitled under the Producing Party’s designation until the court 3 rules on the challenge. 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this case 7 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 8 Material may be disclosed only to the categories of persons and under the conditions 9 described in this Order. When the litigation has been terminated, a Receiving Party must 10 comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 15 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 16 may disclose any information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 18 employees of said Outside Counsel of Record to whom it is reasonably necessary to 19 disclose the information for this litigation; 20 (b) the officers, directors, and employees (including House Counsel) of the 21 Receiving Party to whom disclosure is reasonably necessary for this litigation; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this litigation and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff, professional jury or trial consultants, mock 27 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 1 (Exhibit A); 2 (f) during their depositions, witnesses in the action to whom disclosure is 3 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 4 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by 5 the court. Pages of transcribed deposition testimony or exhibits to depositions that 6 reveal Protected Material must be separately bound by the court reporter and may not 7 be disclosed to anyone except as permitted under this Stipulated Protective Order. 8 (g) the author or recipient of a document containing the information or a 9 custodian or other person who otherwise possessed or knew the information. 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 11 OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation that 13 compels disclosure of any information or items designated in this action as 14 “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 issue in the other litigation that some or all of the material covered by the subpoena or 19 order is subject to this Protective Order. Such notification shall include a copy of this 20 Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued 22 by the Designating Party whose Protected Material may be affected. 23 If the Designating Party timely seeks a protective order, the Party served with the 24 subpoena or court order shall not produce any information designated in this action as 25 “CONFIDENTIAL” before a determination by the court from which the subpoena or 26 order issued, unless the Party has obtained the Designating Party’s permission. The 27 Designating Party shall bear the burden and expense of seeking protection in that court 1 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 2 from another court. 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 4 IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a Non- 6 Party in this action and designated as “CONFIDENTIAL.” Such information produced 7 by Non-Parties in connection with this litigation is protected by the remedies and relief 8 provided by this Order. Nothing in these provisions should be construed as prohibiting 9 a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 13 information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party that 15 some or all of the information requested is subject to a confidentiality agreement with 16 a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party. 22 (c) If the Non-Party fails to object or seek a protective order from this court 23 within 14 days of receiving the notice and accompanying information, the Receiving 24 Party may produce the Non-Party’s confidential information responsive to the discovery 25 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 26 produce any information in its possession or control that is subject to the confidentiality 27 agreement with the Non-Party before a determination by the court. Absent a court order 1 in this court of its Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 Protected Material to any person or in any circumstance not authorized under this 5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 6 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 7 all unauthorized copies of the Protected Material, (c) inform the person or persons to 8 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 9 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 10 that is attached hereto as Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, 15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 17 may be established in an e-discovery order that provides for production without prior 18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 19 parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the 21 parties may incorporate their agreement in the stipulated protective order submitted to 22 the court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order no Party waives any right it otherwise would have to object to 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 12.3 Filing Protected Material. Without written permission from the 4 Designating Party or a court order secured after appropriate notice to all interested 5 persons, a Party may not file in the public record in this action any Protected Material. 6 A Party that seeks to file under seal any Protected Material must comply with Local 7 Rule 141. Protected Material may only be filed under seal pursuant to a court order 8 authorizing the sealing of the specific Protected Material at issue. Pursuant to Local 9 Rule 141, a sealing order will issue only upon a request establishing that the Protected 10 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 11 protection under the law. If a Receiving Party's request to file Protected Material under 12 seal pursuant to Local Rule 141 is denied by the court, then the Receiving Party may 13 file the information in the public record pursuant to Local Rule 141 unless otherwise 14 instructed by the court. 15 13. FINAL DISPOSITION 16 Within 60 days after the final disposition of this action, as defined in paragraph 17 4, each Receiving Party must return all Protected Material to the Producing Party or 18 destroy such material. As used in this subdivision, “all Protected Material” includes all 19 copies, abstracts, compilations, summaries, and any other format reproducing or 20 capturing any of the Protected Material. Whether the Protected Material is returned or 21 destroyed, the Receiving Party must submit a written certification to the Producing 22 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 23 deadline that (1) identifies (by category, where appropriate) all the Protected Material 24 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 25 any copies, abstracts, compilations, summaries or any other format reproducing or 26 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 27 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 1 expert reports, attorney work product, and consultant and expert work product, even if 2 such materials contain Protected Material. Any such archival copies that contain or 3 constitute Protected Material remain subject to this Protective Order as set forth in 4 Section 4 (DURATION). 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 DATED: October 23, 2023 BLUMENTHAL, NORDREHAUG, 8 BHOWMIK, DE BLOUW, LLP 9 10 By: /s/ Piya Mukherjee PIYA MUKHERJEE 11 Attorney for Plaintiff 12 13 DATED: October 23, 2023 MUNGER, TOLLES & OLSON LLP 14 15 By: /s/ Erica C. Tooch ERICA C. TOOCH Attorney for 16 Defendant 17 18 19 20 ORDER 21 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 22 IT IS FURTHER ORDERED THAT: 23 1. Requests to seal documents shall be made by motion before the same judge 24 who will decide the matter related to that request to seal. 25 2. The designation of documents (including transcripts of testimony) as 26 confidential pursuant to this order does not automatically entitle the parties to file 27 such a document with the court under seal. Parties are advised that any request to seal 1 provides that documents may only be sealed by a written order of the court after a 2 specific request to seal has been made. L.R. 141(a). However, a mere request to seal 3 is not enough under the local rules. In particular, Local Rule 141(b) requires that 4 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for 5 sealing, the requested duration, the identity, by name or category, of persons to be 6 permitted access to the document, and all relevant information.” L.R. 141(b). 7 3. A request to seal material must normally meet the high threshold of showing 8 that “compelling reasons” support secrecy; however, where the material is, at most, 9 “tangentially related” to the merits of a case, the request to seal may be granted on a 10 showing of “good cause.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 11 1096-1102 (9th Cir. 2016); Kamakana v. City and County of Honolulu, 447 F.3d 12 1172, 1178-80 (9th Cir. 2006). 13 4. Nothing in this order shall limit the testimony of parties or non-parties, or 14 the use of certain documents, at any court hearing or trial – such determinations will 15 only be made by the court at the hearing or trial, or upon an appropriate motion. 16 5. With respect to motions regarding any disputes concerning this protective 17 order which the parties cannot informally resolve, the parties shall follow the 18 procedures outlined in Local Rule 251. Absent a showing of good cause, the court 19 will not hear discovery disputes on an ex parte basis or on shortened time. 20 6. The parties may not modify the terms of this Protective Order without the 21 court’s approval. If the parties agree to a potential modification, they shall submit a 22 stipulation and proposed order for the court’s consideration. 23 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over 24 enforcement of the terms of this Protective Order after the action is terminated. 25 //// 26 //// 27 //// 1 8. Any provision in the parties’ stipulation that is in conflict with anything in 2 this order is hereby DISAPPROVED. 3 DATED: October 23, 2023 /s/ DEBORAH BARNES 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 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], of 4 _________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Eastern District of California on ________ 7 in the case of Martinez v. Johns Manville, Case No. 2:23-cv-01042-KJM-DB. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and I 9 understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to this Stipulated Protective Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with this 20 action or any proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 27