Caruso v. Lowes ( 2023 )

1 STEPHANIE FORMAN, ESQ.; STATE BAR NO.: 195757 ANDREA BREUER, ESQ.; STATE BAR NO.: 161819 2 THARPE & HOWELL, LLP 3 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403 4 (818) 205-9955; (818) 205-9944 fax E-Mail: sforman@tharpe-howell.com 5 E-Mail: abreuer@tharpe-howell.com 6 Attorneys for Defendant, LOWE’S HOME CENTERS, LLC (Doe 1) 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN CARUSO, No. 2:23−cv−0553 DJC DB 12 Plaintiff, ORDER RE: JOINT STIPULATION 13 v. FOR THE ENTRY OF A PROTECTIVE ORDER 14 LOWES, A NORTH CAROLINA CORPORATION, and DOES 1 to 30, 15 inclusive, 16 Defendants. 17 18 19 1. A. PURPOSES AND LIMITATIONS 20 Disclosure and discovery activity in this action are likely to involve production 21 of confidential, proprietary, or private information for which special protection from 22 public disclosure and from use for any purpose other than prosecuting this litigation 23 may be warranted. Accordingly, the parties hereby stipulate to and petition the court 24 to enter the following Stipulated Protective Order. The parties acknowledge that this 25 Order does not confer blanket protections on all disclosures or responses to discovery 26 and that the protection it affords from public disclosure and use extends only to the 27 limited information or items that are entitled to confidential treatment under the 28 applicable legal principles. 1 B. GOOD CAUSE STATEMENT 2 Federal Rules of Civil Procedure, Rule 26(c)(1) states in pertinent part, that the 3 Court, upon a showing of good cause may “issue an order to protect a party from 4 annoyance, embarrassment, oppression, or undue burden or expense.” Fed.R.Civ.P. 5 26(c)(1). In the instant matter, Defendant Lowe’s Home Centers, LLC’s Confidential 6 Documents contain proprietary and confidential trade secret information relating to 7 Defendant Lowe’s Home Centers, LLC’s business practices and its safety protocol. 8 Defendant Lowe’s Home Centers, LLC. (“Defendant” or “Lowe’s”) derives 9 independent economic value from maintaining the confidentiality of the policies and 10 procedures set forth in these Confidential Documents. 11 Defendant is a retailer in the home improvement industry and has conducted 12 business in California since 1998. The home improvement retail industry is very 13 competitive. As a result of years of investing time and money in research and 14 investigation, Defendant developed the policies contained in the Confidential 15 Documents for the purposes of maintaining the security and accessibility of its 16 merchandise, providing quality customer service, and ensuring the safety of its 17 employees and customers. These policies and procedures, as memorialized in the 18 Confidential Documents, were created and generated by Lowe’s for Lowe’s, and are 19 used for the purposes of maintaining safety at its stores and creating efficient and 20 organized work environments for its employees. As a result, Defendant is able to 21 minimize the waste of any resources, which is a key factor in generating profitability 22 for its business. 23 Defendant derives economic value from maintaining the secrecy of its 24 Confidential Documents. If disclosed to the public, the trade secret information 25 contained in Defendant’s Confidential Documents would reveal Defendant’s internal 26 operations and could potentially be used by competitors as a means to compete for its 27 customers, interfere with its business plans and thereby gain unfair business 28 advantages. If Defendant’s safety protocol were revealed to the general public, it 1 would hinder Defendant’s ability to effectively resolve and minimize liability claims, 2 and its goal of protecting its customers and employees from theft and other crimes. 3 Unrestricted or unprotected disclosure of such information would result in prejudice 4 or harm to Defendant by revealing Lowe’s competitive confidential information, 5 which has been developed at the expense of Lowe’s and which represents valuable 6 tangible and intangible assets. Accordingly, the parties respectfully submit that there 7 is good cause for the entry of this Protective Order. 8 2. DEFINITIONS 9 2.1 Challenging Party: a Party or Non-Party that challenges the designation 10 of information or items under this Order. 11 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c). 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, 21 among other things, testimony, transcripts, and tangible things), that are produced or 22 generated 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 25 an 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 28 counsel. 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 4 to this action but are retained to represent or advise a party to this action and have 5 appeared in this action on behalf of that party or are affiliated with a law firm which 6 has appeared 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) 15 and their employees and subcontractors. 16 2.13 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 19 from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or extracted 23 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 24 Protected Material; and (3) any testimony, conversations, or presentations by Parties 25 or their Counsel that might reveal Protected Material. However, the protections 26 conferred by this Stipulation and Order do not cover the following information: (a) 27 any information that is in the public domain at the time of disclosure to a Receiving 28 Party or becomes part of the public domain after its disclosure to a Receiving Party as 1 a result of publication not involving a violation of this Order, including becoming part 2 of the public record through trial or otherwise; and (b) any information known to the 3 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 4 disclosure from a source who obtained the information lawfully and under no 5 obligation of confidentiality to the Designating Party. Any use of Protected Material 6 at trial shall be governed by a separate agreement or order. 7 4. DURATION 8 Even after final disposition of this litigation, the confidentiality obligations 9 imposed by this Order shall remain in effect until a Designating Party agrees otherwise 10 in writing or a court order otherwise directs. Final disposition shall be deemed to be 11 the later of (1) dismissal of all claims and defenses in this action, with or without 12 prejudice; and (2) final judgment herein after the completion and exhaustion of all 13 appeals, rehearings, remands, trials, or reviews of this action, including the time limits 14 for filing any motions or applications for extension of time pursuant to applicable law. 15 5. DESIGNATING PROTECTED MATERIAL 16 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under this 18 Order must take care to limit any such designation to specific material that qualifies 19 under the appropriate standards. The Designating Party must designate for protection 20 only those parts of material, documents, items, or oral or written communications that 21 qualify – so that other portions of the material, documents, items, or communications 22 for which protection is not warranted are not swept unjustifiably within the ambit of 23 this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber or retard the case development process or to 27 impose unnecessary expenses and burdens on other parties) expose the Designating 28 Party to sanctions. 1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic documents, 11 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 12 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 13 protected material. If only a portion or portions of the material on a page qualifies for 14 protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins). 16 A Party or Non-Party that makes original documents or materials available for 17 inspection need not designate them for protection until after the inspecting Party has 18 indicated which material it would like copied and produced. During the inspection and 19 before the designation, all of the material made available for inspection shall be 20 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 21 it wants copied and produced, the Producing Party must determine which documents, 22 or portions thereof, qualify for protection under this Order. Then, before producing 23 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 24 legend to each page that contains Protected Material. If only a portion or portions of 25 the material on a page qualifies for protection, the Producing Party also must clearly 26 identify the protected portion(s) (e.g., by making appropriate markings in the 27 margins). 28 (b) for testimony given in deposition or in other pretrial or trial proceedings, 1 that the Designating Party identify on the record, before the close of the deposition, 2 hearing, or other proceeding, all protected testimony. 3 (c) for information produced in some form other than documentary and for any 4 other tangible items, that the Producing Party affix in a prominent place on the exterior 5 of the container or containers in which the information or item is stored the legend 6 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant 7 protection, the Producing Party, to the extent practicable, shall identify the protected 8 portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive the 11 Designating Party’s right to secure protection under this Order for such material. Upon 12 timely correction of a designation, the Receiving Party must make reasonable efforts 13 to assure that the material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time. Unless a prompt challenge to a Designating 17 Party’s confidentiality designation is necessary to avoid foreseeable, substantial 18 unfairness, unnecessary economic burdens, or a significant disruption or delay of the 19 litigation, a Party does not waive its right to challenge a confidentiality designation by 20 electing not to mount a challenge promptly after the original designation is disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 resolution process by providing written notice of each designation it is challenging 23 and describing the basis for each challenge. To avoid ambiguity as to whether a 24 challenge has been made, the written notice must recite that the challenge to 25 confidentiality is being made in accordance with this specific paragraph of the 26 Protective Order. The parties shall attempt to resolve each challenge in good faith and 27 must begin the process by conferring directly (in voice to voice dialogue; other forms 28 of communication are not sufficient) within 14 days of the date of service of notice. 1 In 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 Civil Local Rule 251 (and in compliance with Civil Local Rule 11 141, if applicable) within 21 days of the initial notice of challenge or within 14 days 12 of the parties agreeing that the meet and confer process will not resolve their dispute, 13 whichever is earlier. Each such motion must be accompanied by a competent 14 declaration affirming that the movant has complied with the meet and confer 15 requirements imposed in the preceding paragraph. Failure by the Designating Party to 16 make such a motion including the required declaration within 21 days (or 14 days, if 17 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 20 so, 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 23 confer 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 26 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 27 expose the Challenging Party to sanctions. Unless the Designating Party has waived 28 the confidentiality designation by failing to file a motion to retain confidentiality as 1 described above, all parties shall continue to afford the material in question the level 2 of protection to which it is entitled under the Producing Party’s designation until the 3 court 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 10 must 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 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 17 only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 disclose the information for this litigation and who have signed the “Acknowledgment 21 and Agreement to Be Bound” that is attached hereto as Exhibit A; 22 (b) the officers, directors, and employees (including House Counsel) of the 23 Receiving Party to whom disclosure is reasonably necessary for this litigation and 24 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 26 is reasonably necessary for this litigation and who have signed the “Acknowledgment 27 and Agreement to Be Bound” (Exhibit A); 28 (d) the court and its personnel; 1 (e) court reporters and their staff, professional jury or trial consultants, mock 2 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 3 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 4 (Exhibit A); 5 (f) during their depositions, witnesses in the action to whom disclosure is 6 reasonably necessary and who have signed the “Acknowledgment and Agreement to 7 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 8 by the court. Pages of transcribed deposition testimony or exhibits to depositions that 9 reveal Protected Material must be separately bound by the court reporter and may not 10 be disclosed to anyone except as permitted under this Stipulated Protective Order. 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information. 13 (h) any mediator or settlement officer, and their supporting personnel, 14 mutually agreed upon by any of the parties engaged in settlement discussions. 15 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 16 OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that compels disclosure of any information or items designated in this action as 19 “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification shall 21 include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order to 23 issue in the other litigation that some or all of the material covered by the subpoena or 24 order is subject to this Protective Order. Such notification shall include a copy of this 25 Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by 27 the Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served with 1 the subpoena or court order shall not produce any information designated in this action 2 as “CONFIDENTIAL” before a determination by the court from which the subpoena 3 or order issued, unless the Party has obtained the Designating Party’s permission. The 4 Designating Party shall bear the burden and expense of seeking protection in that court 5 of its confidential material – and nothing in these provisions should be construed as 6 authorizing or encouraging a Receiving Party in this action to disobey a lawful 7 directive from another court. 8 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non- 11 Party in this action and designated as “CONFIDENTIAL.” Such information 12 produced by Non-Parties in connection with this litigation is protected by the remedies 13 and relief provided by this Order. Nothing in these provisions should be construed as 14 prohibiting a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce 16 a Non-Party’s confidential information in its possession, and the Party is subject to an 17 agreement with the Non-Party not to produce the Non-Party’s confidential 18 information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party 20 that some or all of the information requested is subject to a confidentiality 21 agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this litigation, the relevant discovery request(s), and a 24 reasonably specific description of the information requested; and 25 (3) make the information requested available for inspection by the Non- 26 Party. 27 (c) If the Non-Party fails to object or seek a protective order from this court within 28 14 days of receiving the notice and accompanying information, the Receiving Party 1 may produce the Non-Party’s confidential information responsive to the discovery 2 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 3 produce any information in its possession or control that is subject to the 4 confidentiality agreement with the Non-Party before a determination by the court. 5 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 6 of seeking protection in this court of its Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 Protected Material to any person or in any circumstance not authorized under this 10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 11 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 12 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 13 persons to whom unauthorized disclosures were made of all the terms of this Order, 14 and (d) request such person or persons to execute the “Acknowledgment and 15 Agreement to Be Bound” that is attached hereto as Exhibit A. 16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 17 PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 inadvertently produced material is subject to a claim of privilege or other protection, 20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 22 may be established in an e-discovery order that provides for production without prior 23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 24 parties reach an agreement on the effect of disclosure of a communication or 25 information covered by the attorney-client privilege or work product protection, the 26 parties may incorporate their agreement in the stipulated protective order submitted to 27 the court. 28 /// 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 12.3 Filing Protected Material. Without written permission from the 10 Designating Party or a court order secured after appropriate notice to all interested 11 persons, a Party may not file in the public record in this action any Protected Material. 12 A Party that seeks to file under seal any Protected Material must comply with Civil 13 Local Rule 141. Protected Material may only be filed under seal pursuant to a court 14 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 15 Civil Local Rule 141, a sealing order will issue only upon a request establishing that 16 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 17 entitled to protection under the law. If a Receiving Party's request to file Protected 18 Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the 19 Receiving Party may file the information in the public record unless otherwise 20 instructed by the court. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 3 4, each Receiving Party must return all Protected Material to the Producing Party or 4 destroy such material. As used in this subdivision, “all Protected Material” includes 5 all copies, abstracts, compilations, summaries, and any other format reproducing or 6 capturing any of the Protected Material. Whether the Protected Material is returned or 7 destroyed, the Receiving Party must submit a written certification to the Producing 8 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 9 deadline that (1) identifies (by category, where appropriate) all the Protected Material 10 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 11 any copies, abstracts, compilations, summaries or any other format reproducing or 12 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 13 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 14 and hearing transcripts, legal memoranda, correspondence, deposition and trial 15 exhibits, expert reports, attorney work product, and consultant and expert work 16 product, even if such materials contain Protected Material. Any such archival copies 17 that contain or constitute Protected Material remain subject to this Protective Order as 18 set forth in Section 4 (DURATION). 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: 5/10/2023 BRELSFORD, ANDROVICH & WHITE 4 /s/ Joseph A. Androvich (as 5 authorized on 5/10/2023) 6 By: JOSEPH A. ANDROVICH 7 Attorneys for Plaintiff, STEVEN CARUSO 8 9 10 THARPE & HOWELL, LLP 11 /s/Andrea Breuer 12 Dated: 5/12/2023 By: STEPHANIE FORMAN 13 ANDREA BREUER 14 Attorneys for Defendant, LOWE’S HOME CENTERS, LLC 15 (Doe 1) 16 Pursuant to Local Rule 131(e), Andrea Breuer, the filer of this document, attests 17 that all other signatories listed above, and on whose behalf the filing is submitted, 18 concur in the filing’s contents and have authorized the filing. 19 ORDER 20 IT IS HEREBY ORDERED that the parties’ stipulation is granted. 21 IT IS FURTHER ORDERED THAT: 22 1. Requests to seal documents shall be made by motion before the same judge who will 23 decide the matter related to that request to seal. 24 2. The designation of documents (including transcripts of testimony) as confidential 25 pursuant to this order does not automatically entitle the parties to file such a document with the 26 court under seal. Parties are advised that any request to seal documents in this district is governed 27 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 28 1 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 2 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 3 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 4 the requested duration, the identity, by name or category, of persons to be permitted access to the 5 document, and all relevant information.” L.R. 141(b). 6 3. A request to seal material must normally meet the high threshold of showing that 7 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 8 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 9 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 10 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 11 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 12 certain documents, at any court hearing or trial – such determinations will only be made by the 13 court at the hearing or trial, or upon an appropriate motion. 14 5. With respect to motions regarding any disputes concerning this protective order which 15 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 16 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte 17 basis or on shortened time. 18 6. The parties may not modify the terms of this Protective Order without the court’s 19 approval. If the parties agree to a potential modification, they shall submit a stipulation and 20 proposed order for the court’s consideration. 21 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 22 of the terms of this Protective Order after the action is terminated. 23 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 24 hereby DISAPPROVED. 25 DATED: May 22, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 26 27 28 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, ____________________________________________________ [full name], of 3 _______________________________________________________ [full address], 4 declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for 6 the Eastern District of California on _________________ [date] in the case of 7 Steven Caruso v. Lowe’s, et al., Case No.: 2:23−CV−00553−DJC−DB. I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order and 9 I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will 11 not disclose in any manner any information or item that is subject to this Stipulated 12 Protective Order to any person or entity except in strict compliance with the 13 provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Eastern District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint __________________________ [full name] of 19 _______________________________________ [full address and telephone number] 20 as my California agent for service of process in connection with this action or any 21 proceedings related to enforcement of this Stipulated Protective Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 Printed name: _______________________________ 25 Signature: __________________________________ 26 I:\33000-000\33189\Discovery\Joint Stipulation for the Entry of a Protective Order.docx 27 28