Mlodzianowski v. Markus ( 2022 )

1 Christina M. Wong (288171) christina.wong@bakermckenzie.com 2 BAKER & McKENZIE LLP Two Embarcadero Center, 11th Floor 3 San Francisco, CA 94111 Telephone: (415) 576-3000 4 F acsimile: (415) 576-3099 Brendan D. Cook (Admitted Pro Hac Vice) 5 brendan.cook@bakermckenzie.com Courtney E. Giles (Admitted Pro Hac Vice) 6 courtney.giles@bakermckenzie.com BAKER & McKENZIE LLP 7 700 Louisiana, Suite 3000 Houston, TX 77002 8 Telephone: (713) 427-5000 Facsimile: (713) 427-5099 9 Attorneys for Plaintiff 10 JOSEPH MLODZIANOWSKI JOSEPH S. LEVENTHAL (221043) 11 joseph.leventhal@dinsmore.com DILLON D. CHEN (311190) 12 dillon.chen@dinsmore.com DINSMORE & SHOHL LLP 13 655 West Broadway, Suite 800 San Diego, CA 92101 14 Ph: (619) 400-0500 Fx: (619) 400-0501 15 Attorneys for Defendant 16 BRIAN MARKUS UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 JOSEPH MLODZIANOWSKI, No. 2:21-cv-01295 JAM DB 19 Plaintiff, STIPULATED PROTECTIVE 20 ORDER v. 21 BRIAN MARKUS, 22 Defendant. 23 24 25 26 27 1 Discovery in this action is likely to involve production of confidential, 2 proprietary or private information for which special protection from public disclosure 3 and from use for any purpose other than prosecuting this litigation may be warranted. 4 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 5 Stipulated Protective Order. The parties acknowledge that this Order does not confer 6 blanket protections on all disclosures or responses to discovery and that the protection 7 it affords from public disclosure and use extends only to the limited information or 8 items that are entitled to confidential treatment under the applicable legal principles. 9 B. GOOD CAUSE STATEMENT 10 This action is likely to involve trade secrets, and other valuable research, 11 development, commercial, financial, technical and/or proprietary information for 12 which special protection from public disclosure and from use for any purpose other 13 than prosecution of this action is warranted. Such confidential and proprietary 14 materials and information consist of, among other things, confidential business or 15 financial information, information regarding confidential business practices, or other 16 confidential research, development, or commercial information (including information 17 implicating privacy rights of third parties), information otherwise generally unavailable 18 to the public, or which may be privileged or otherwise protected from disclosure under 19 state or federal statutes, court rules, case decisions, or common law. Accordingly, to 20 expedite the flow of information, to facilitate the prompt resolution of disputes over 21 confidentiality of discovery materials, to adequately protect information the parties are 22 entitled to keep confidential, to ensure that the parties are permitted reasonable 23 necessary uses of such material in preparation for and in the conduct of trial, to address 24 their handling at the end of the litigation, and serve the ends of justice, a protective 25 order for such information is justified in this matter. It is the intent of the parties that 26 information will not be designated as confidential for tactical reasons and that nothing 27 be so designated without a good faith belief that it has been maintained in a 1 confidential, non-public manner, and there is good cause why it should not be part of 2 the public record of this case. 3 2. DEFINITIONS 4 2.1 Action: the above-captioned lawsuit pending in the United States District 5 Court for the Eastern District of California, case number 2:21-CV-01295-JAM-DB. 6 2.2 “ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive 7 “CONFIDENTIAL” Information or Items, the disclosure of which to another Party or 8 Non-Party would create a substantial risk of serious harm that could not be avoided by 9 less restrictive means. 10 2.3 Challenging Party: a Party or Non-Party that challenges the designation of 11 information or items under this Order. 12 2.4 “CONFIDENTIAL” Information or Items: information (regardless of how 13 it is generated, stored or maintained) or tangible things that qualify for protection under 14 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 15 Statement. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their 17 support staff). 18 2.6 Designating Party: a Party or Non-Party that designates information or items 19 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 20 “ATTORNEYS’ EYES ONLY.” 21 2.7 Disclosure or Discovery Material: all items or information, regardless of the 22 medium or manner in which it is generated, stored, or maintained (including, among 23 other things, testimony, transcripts, and tangible things), that are produced or generated 24 in disclosures or responses to discovery in this matter. 25 2.8 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 1 2.9 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.10 Non-Party: any natural person, partnership, corporation, association or 5 other legal entity not named as a Party to this action. 6 2.11 Outside Counsel of Record: attorneys who are not employees of a party to 7 this Action but are retained to represent or advise a party to this Action and have 8 appeared in this Action on behalf of that party or are affiliated with a law firm that has 9 appeared on behalf of that party, and includes support staff. 10 2.12 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 2.14 Professional Vendors: persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 18 their employees and subcontractors. 19 2.15 Protected Material: any Disclosure or Discovery Material that is designated 20 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 21 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected 25 Material (as defined above), but also (1) any information copied or extracted from 26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 27 Material; and (3) any testimony, conversations, or presentations by Parties or their 1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge. This Order does not govern the use of Protected Material at trial. 3 4. DURATION 4 Once a case proceeds to trial, information that was designated as 5 CONFIDENTIAL or ATTORNEYS’ EYES ONLY or maintained pursuant to this 6 protective order used or introduced as an exhibit at trial becomes public and will be 7 presumptively available to all members of the public, including the press, unless 8 compelling reasons supported by specific factual findings to proceed otherwise are 9 made to the trial judge in advance of the trial. See Kamakana v. City and County of 10 Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 11 showing for sealing documents produced in discovery from “compelling reasons” 12 standard when merits-related documents are part of court record). Accordingly, the 13 terms of this protective order do not extend beyond the commencement of the trial. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Materials that contain sensitive information may be designated as 16 “CONFIDENTIAL” or as “ATTORNEYS’ EYES ONLY.” Material may be 17 designated as “CONFIDENTIAL” only to the extent that it contains (1) confidential 18 information that if disclosed to competitors, customers, suppliers, other contracting 19 parties, or other third parties with whom the producing party or the person whose 20 information is being produced is doing business, could result in a material commercial 21 harm to the producing party or the person whose information is being produced, or 22 would give competitors, customers, suppliers, other contracting parties, or other third 23 parties with whom the producing party or the person whose information is being 24 produced is doing business commercial advantage, (2) information subject to pre- 25 existing statutory, regulatory, administrative, or confidentiality obligations, or (3) non- 26 public, financial information. 27 Material may be designated as “ATTORNEYS’ EYES ONLY” only to the 1 that are (1) trade secrets, (2) highly sensitive technical information, or (3) highly 2 sensitive customer or business-related financial information or personal information, 3 and that the disclosure of which would create a substantial risk of serious harm to the 4 producing party or the person whose information is being produced that could not be 5 avoided by less restrictive means. “ATTORNEYS’ EYES ONLY” materials must 6 remain in the possession of counsel at all times. The producing party will make such 7 a designation only as to those documents or discovery responses that are in good faith 8 believed to contain or constitute valuable confidential, proprietary, trade secret, or 9 other sensitive information. 10 5.2 Exercise of Restraint and Care in Designating Material for Protection. Each 11 Party or Non-Party that designates information or items for protection under this Order 12 must take care to limit any such designation to specific material that qualifies under the 13 appropriate standards. The Designating Party must designate for protection only those 14 parts of material, documents, items or oral or written communications that qualify so 15 that other portions of the material, documents, items or communications for which 16 protection is not warranted are not swept unjustifiably within the ambit of this Order. 17 Mass, indiscriminate or routinized designations are prohibited. Designations 18 that are shown to be clearly unjustified or that have been made for an improper purpose 19 (e.g., to unnecessarily encumber the case development process or to impose 20 unnecessary expenses and burdens on other parties) may expose the Designating Party 21 to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it 23 designated for protection do not qualify for protection, that Designating Party must 24 promptly notify all other Parties that it is withdrawing the inapplicable designation. 25 5.3 Manner and Timing of Designations. Except as otherwise provided in this 26 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated 27 or ordered, Disclosure or Discovery Material that qualifies for protection under this 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, 3 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 4 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 5 “ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL legend”), to each 6 page that contains protected material. If only a portion of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and before 12 the designation, all of the material made available for inspection shall be deemed 13 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the inspecting Party 14 has identified the documents it wants copied and produced, the Producing Party must 15 determine which documents, or portions thereof, qualify for protection under this 16 Order. Then, before producing the specified documents, the Producing Party must affix 17 the “CONFIDENTIAL legend” to each page that contains Protected Material. If only 18 a portion of the material on a page qualifies for protection, the Producing Party also 19 must clearly identify the protected portion(s) (e.g., by making appropriate markings in 20 the margins). 21 (b) for testimony given in depositions that the Designating Party identifies the 22 Disclosure or Discovery Material on the record, before the close of the deposition all 23 protected testimony. 24 (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the 26 exterior of the container or containers in which the information is stored the legend 27 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or portions 1 of the information warrants protection, the Producing Party, to the extent practicable, 2 shall identify the protected portion(s). 3 5.4 Inadvertent Failures to Designate. If a Producing Party determines that it has 4 inadvertently disclosed Confidential Information, correction and notice thereof shall be 5 made in writing, accompanied by substitute copies of the documents, materials, or 6 information appropriately designated. If timely corrected (i.e., within 14 days of 7 discovery of the inadvertent disclosure), an inadvertent failure to designate qualified 8 information or items does not, standing alone, waive the Designating Party’s right to 9 secure protection under this Order for such material. Upon timely correction of a 10 designation, the Receiving Party must make reasonable efforts to assure that the 11 material is treated in accordance with the provisions of this Order. 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 14 of confidentiality at any time before trial in the Action, or that is otherwise consistent 15 with the operative Scheduling Order. 16 6.2 Meet and Confer. The Challenging Party shall provide notice, in writing, to 17 the Designating Party, of any challenge to the designation of confidentiality. The 18 notice shall identify the specific documents or information for which the designation is 19 being challenged. If the parties are unable to reach a resolution as to the challenge, the 20 parties shall commence the Joint Statement re Discovery Disagreement procedures set 21 forth in Local Rule 251. 22 6.3 The burden of persuasion in any such challenge proceeding shall be on the 23 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 24 to harass or impose unnecessary expenses and burdens on other parties) may expose 25 the Challenging Party to sanctions. Unless the Designating Party has waived or 26 withdrawn the confidentiality designation, all parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the Producing 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action and in any 5 appeal in this matter. Such Protected Material may be disclosed only to the categories 6 of persons and under the conditions described in this Order. When the Action has been 7 terminated, a Receiving Party must comply with the provisions of section 13 below 8 (FINAL DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” 13 Information or Items. Unless otherwise ordered by the Court or permitted in writing 14 by the Designating Party, a Receiving Party may disclose any information or item 15 designated “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 17 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 18 disclose the information for this Action; 19 (b) the Parties to this Action; 20 (c) the officers, directors, and employees (including House Counsel) of the 21 Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (d) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (e) the court and its personnel; 26 (f) court reporters and their staff; 27 /// 1 (g) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (h) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (i) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 9 not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 11 by the Designating Party or ordered by the court. Pages of transcribed deposition 12 testimony or exhibits to depositions that reveal Protected Material may be separately 13 bound by the court reporter and may not be disclosed to anyone except as permitted 14 under this Stipulated Protective Order; and 15 (j) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 In the event that documents or testimony are designated as “ATTORNEYS’ 18 EYES ONLY,” such information shall not be disclosed or shown to anyone other than 19 the persons described in paragraph 7.2(a), (d), (e), (f), (g), (h) or (j). 20 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 21 IN OTHER LITIGATION 22 If a Party is served with a subpoena or a court order issued in other litigation that 23 compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification shall 26 include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or order to 1 order is subject to this Protective Order. Such notification shall include a copy of this 2 Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be pursued 4 by the Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with 6 the subpoena or court order shall not produce any information designated in this action 7 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination by 8 the court from which the subpoena or order issued, unless the Party has obtained the 9 Designating Party’s permission. The Designating Party shall bear the burden and 10 expense of seeking protection in that court of its confidential material and nothing in 11 these provisions should be construed as authorizing or encouraging a Receiving Party 12 in this Action to disobey a lawful directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 14 BE PRODUCED IN THIS LITIGATION 15 (a) The terms of this Order are applicable to information produced by a Non- 16 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES 17 ONLY.” Such information produced by Non-Parties in connection with this litigation 18 is protected by the remedies and relief provided by this Order. Nothing in these 19 provisions should be construed as prohibiting a Non-Party from seeking additional 20 protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential information in its possession, and the Party is 23 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 24 information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non- 26 Party that some or all of the information requested is subject to a confidentiality 27 agreement with a Non-Party; 1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a 3 reasonably specific description of the information requested; and 4 (3) make the information requested available for inspection by 5 the Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court within 14 7 days of receiving the notice and accompanying information, the Receiving Party may 8 produce the Non-Party’s confidential information responsive to the discovery request. 9 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 10 any information in its possession or control that is subject to the confidentiality 11 agreement with the Non-Party before a determination by the court. Absent a court 12 order to the contrary, the Non-Party shall bear the burden and expense of seeking 13 protection in this court of its Protected Material. 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 18 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 19 all unauthorized copies of the Protected Material, (c) inform the person or persons to 20 whom unauthorized disclosures were made of all the terms of this Order, and (d) 21 request such person or persons to execute the “Acknowledgment and Agreement to Be 22 Bound” that is attached hereto as Exhibit A. 23 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 24 OTHERWISE PROTECTED MATERIAL 25 When a Producing Party gives notice to Receiving Parties that certain 26 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted to 6 the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in this 13 Stipulated Protective Order. Similarly, no Party waives any right to object on any 14 ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 16 Material must comply with Civil Local Rule 141 and with any pertinent orders of the 17 Court. No Confidential Information, including but not limited to transcripts, 18 depositions, exhibits, and pleadings, shall be filed with the Court or used in a hearing 19 unless the party seeking to file or use the Confidential Information has provided, at 20 least two (2) business days before the intended use, written notice to all parties and any 21 person claiming the information is Confidential Information, of its intent to use any 22 information designated as Confidential Information. 23 13. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in paragraph 4, within 60 25 days of a written request by the Designating Party, each Receiving Party must return 26 all Protected Material to the Producing Party or destroy such material. Whether the 27 Protected Material is returned or destroyed, the Receiving Party must submit a written 1 Designating Party) by the 60 day deadline that (1) identifies (by category, where 2 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 3 that the Receiving Party has not retained any copies. Notwithstanding this provision, 4 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 5 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 6 trial exhibits, expert reports, attorney work product, and consultant and expert work 7 product, even if such materials contain Protected Material. Any such archival copies 8 that contain or constitute Protected Material remain subject to this Protective Order as 9 set forth in Section 4 (DURATION). 10 14. VIOLATION 11 Any violation of this Order may be punished by appropriate measures including, 12 without limitation, contempt proceedings and/or monetary sanctions. 13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 14 Respectfully submitted, 15 Dated: May 5, 2022 DINSMORE & SHOHL LLP 16 17 By: /s/ Dillon D. Chen JOSEPH S. LEVENTHAL 18 joseph.leventhal@dinsmore.com 19 DILLON D. CHEN dillon.chen@dinsmore.com 20 21 Attorneys for Defendant BRIAN MARKUS 22 23 Dated: May 5, 2022 BAKER & McKENZIE LLP 24 25 By: /s/ Christina M. Wong, as authorized on 4/29/22 26 Christina M. Wong 27 christina.wong@bakermckenzie.com 1 Attorneys for Plaintiff JOSEPH MLODZIANOWSKI 2 3 ORDER 4 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 5 IT IS FURTHER ORDERED THAT: 6 1. Requests to seal documents shall be made by motion before the same judge who will 7 decide the matter related to that request to seal. 8 2. The designation of documents (including transcripts of testimony) as confidential 9 pursuant to this order does not automatically entitle the parties to file such a document with the 10 court under seal. Parties are advised that any request to seal documents in this district is governed 11 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 12 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 13 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 14 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 15 the requested duration, the identity, by name or category, of persons to be permitted access to the 16 document, and all relevant information.” L.R. 141(b). 17 3. A request to seal material must normally meet the high threshold of showing that 18 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 19 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 20 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 21 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 22 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 23 certain documents, at any court hearing or trial – such determinations will only be made by the 24 court at the hearing or trial, or upon an appropriate motion. 25 5. With respect to motions regarding any disputes concerning this protective order which 26 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 27 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte 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 of 5 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: May 17, 2022 /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 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, , of , declare under 4 penalty of perjury that I have read in its entirety and understand the Stipulated 5 Protective Order that was issue by the United States District Court for the Eastern 6 District of California on in the case of Joseph Mlodzianowski v. Brian Markus, Case 7 No. 2:21-CV-01295-JAM-DB. I agree to comply with and to be bound by all the terms 8 of this Stipulated Protective Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is 11 subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court 14 for the Eastern District of California for the purpose of enforcing the terms of this 15 Stipulated Protective Order, even if such enforcement proceedings occur after 16 termination of this action. I hereby appoint of 17 as my California agent for service of process in connection with 18 this action or any proceedings related to enforcement of this Stipulated Protective 19 Order. 20 21 Date: 22 City and State where sworn and signed: 23 Printed Name: 24 Signature: 25 26 27