Cochran v. Straumann USA, LLC ( 2023 )

1 Harold R. Jones (State Bar No. 209266) Gokalp Y. Gurer (State Bar No. 311919) 2 JACKSON LEWIS P.C. 50 California Street, 9th Floor 3 San Francisco, California 94111-4615 Telephone: (415) 394-9400 4 Facsimile: (415) 394-9401 E-mail: Harold.Jones@jacksonlewis.com 5 E-mail: Gokalp.Gurer@jacksonlewis.com 6 Attorneys for Defendant STRAUMANN USA, LLC 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRET COCHRAN, No. 2:22-cv-0768 JAM DB 12 Plaintiff, STIPULATED PROTECTIVE ORDER 13 v. 14 STRAUMANN USA, LLC, 15 Defendant. 16 17 18 1. PURPOSES AND LIMITATIONS 19 Disclosure and discovery activity in this action are likely to involve production of 20 confidential, proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 22 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 23 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 24 all disclosures or responses to discovery and that the protection it affords from public disclosure 25 and use extends only to the limited information or items that are entitled to confidential treatment 26 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 27 below, that this Stipulated Protective Order does not entitle them to file confidential information 28 under seal; Local Rule 141 sets forth the procedures that must be followed and the standards that 1 will be applied when a party seeks permission from the court to file material under seal. 2 2. DEFINITIONS 3 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 4 information or items under this Order. 5 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 6 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 7 of Civil Procedure 26(c). 8 2.3 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: 9 information (regardless of how it is generated, stored, or maintained) or tangible things that qualify 10 for protection under Federal Rule of Civil Procedure 26(c), but that contain information of an 11 extremely sensitive nature, such as financial data, medical records, trade secrets, non-public 12 financial data, non-public private or personal data, or employment files, that a Designating Party 13 believes in good faith should not be disclosed to the other Party. 14 2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 15 well as their support staff). 16 2.5 Designating Party: a Party or Non-Party that designates information or items that it 17 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL 18 – ATTORNEYS’ EYES ONLY.” 19 2.6 Disclosure or Discovery Material: all items or information, regardless of the 20 medium or manner in which it is generated, stored, or maintained (including, among other things, 21 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 22 responses to discovery in this matter. 23 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 24 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 25 consultant in this action. 26 2.8 House Counsel: attorneys who are employees of a party to this action. House 27 Counsel does not include Outside Counsel of Record or any other outside counsel. 28 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 1 entity not named as a Party to this action. 2 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 3 action but are retained to represent or advise a party to this action and have appeared in this action 4 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 5 2.11 Party: any party to this action, including all of its officers, directors, employees, 6 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 7 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 8 Material in this action. 9 2.13 Professional Vendors: persons or entities that provide litigation support services 10 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 11 organizing, storing, or retrieving data in any form or medium) and their employees and 12 subcontractors. 13 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 14 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 16 Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulated Protective Order cover not only Protected 19 Material (as defined above), but also (1) any information copied or extracted from Protected 20 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any 21 testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected 22 Material. However, the protections conferred by this Stipulated Protective Order do not cover the 23 following information: (a) any information that is in the public domain at the time of disclosure to 24 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 25 a result of publication not involving a violation of this Order, including becoming part of the public 26 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 27 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 28 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 1 use of Protected Material at trial shall be governed by a separate agreement or order. 2 4. DURATION 3 Even after final disposition of this litigation, the confidentiality obligations imposed by this 4 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 5 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 6 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 7 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 8 including the time limits for filing any motions or applications for extension of time pursuant to 9 applicable law. 10 5. DESIGNATING PROTECTED MATERIAL 11 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 12 or Non-Party that designates information or items for protection under this Order must take care 13 to limit any such designation to specific material that qualifies under the appropriate standards. 14 The Designating Party must designate for protection only those parts of material, documents, 15 items, or oral or written communications that qualify – so that other portions of the material, 16 documents, items, or communications for which protection is not warranted are not swept 17 unjustifiably within the ambit of this Order. 18 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 19 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 20 unnecessarily encumber or delay the case development process or to impose unnecessary expenses 21 and burdens on other parties) expose the Designating Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it designated 23 for protection do not qualify for protection, that Designating Party must promptly notify all other 24 Parties that it is withdrawing the mistaken designation. 25 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 26 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 27 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 28 designated before the material is disclosed or produced. 1 Designation in conformity with this Order requires: 2 (a) For information in documentary form (e.g., paper or electronic documents, but 3 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 4 affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to 5 each page that contains protected material. If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents or materials available for inspection 9 need not designate them for protection until after the inspecting Party has indicated which material 10 it would like copied and produced. During the inspection and before the designation, all of the 11 material made available for inspection shall be deemed “CONFIDENTIAL” or “CONFIDENTIAL 12 – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 13 copied and produced, the Producing Party must determine which documents, or portions thereof, 14 qualify for protection under this Order. Then, before producing the specified documents, the 15 Producing Party must affix the “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ 16 EYES ONLY” legend to each page that contains Protected Material. If only a portion or portions 17 of the material on a page qualifies for protection, the Producing Party also must clearly identify 18 the protected portion(s) (e.g., by making appropriate markings in the margins). 19 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 20 Designating Party identify on the record, before the close of the deposition, hearing, or other 21 proceeding, all protected testimony. 22 (c) for information produced in some form other than documentary and for any other 23 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 24 or containers in which the information or item is stored the legend “CONFIDENTIAL” or 25 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the 26 information or item warrant protection, the Producing Party, to the extent practicable, shall identify 27 the protected portion(s). 28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 1 designate qualified information or items does not, standing alone, waive the Designating Party’s 2 right to secure protection under this Order for such material. Upon timely correction of a 3 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 4 in accordance with the provisions of this Order. 5 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 7 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 8 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 9 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 10 challenge a confidentiality designation by electing not to mount a challenge promptly after the 11 original designation is disclosed. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 13 by providing written notice of each designation it is challenging and describing the basis for each 14 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 15 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 16 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 17 begin the process by conferring directly (in voice-to-voice dialogue; other forms of communication 18 are insufficient) within 14 days of the date of service of notice. In conferring, the Challenging 19 Party must explain the basis for its belief that the confidentiality designation was improper and 20 must give the Designating Party an opportunity to review the designated material, to reconsider 21 the circumstances, and, if no change in designation is offered, to explain the bases for the chosen 22 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 23 has engaged in this meet and confer process first or establishes that the Designating Party is 24 unwilling to participate in the meet and confer process in a timely manner or in good faith. 25 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 26 intervention, the Designating Party shall file and serve a motion to retain confidentiality (and in 27 compliance with Local Rule 141, if applicable) within 21 days of the initial notice of challenge or 28 within 14 days of the parties agreeing that the meet and confer process will not resolve their 1 dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration 2 affirming that the movant has complied with the meet and confer requirements imposed in the 3 preceding paragraph. Failure by the Designating Party to make such a motion including the 4 required declaration within 21 days (or 14 days, if applicable) shall automatically waive the 5 confidentiality designation for each challenged designation. In addition, the Challenging Party may 6 file a motion challenging a confidentiality designation at any time if there is good cause for doing 7 so, including a challenge to the designation of a deposition transcript or any portions thereof. Any 8 motion brought pursuant to this provision must be accompanied by a competent declaration 9 affirming that the movant has complied with the meet and confer requirements imposed by the 10 preceding paragraph. 11 The burden of persuasion in any such challenge proceeding shall be on the Designating 12 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 13 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 14 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 15 file a motion to retain confidentiality as described above, all parties shall continue to afford the 16 material in question the level of protection to which it is entitled under the Producing Party’s 17 designation until the court rules on the challenge. 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 20 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 21 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 22 the categories of persons and under the conditions described in this Order. When the litigation has 23 been terminated, a Receiving Party must comply with the provisions of section 13 below (“FINAL 24 DISPOSITION”). 25 Protected Material must be stored and maintained by a Receiving Party at a location and in 26 a secure manner that ensures that access is limited to the persons authorized under this Order. 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 28 by the court or permitted in writing by the Designating Party, access to or disclosure of material 1 designated “CONFIDENTIAL” shall be permitted only to the following persons or entities 2 involved in the proceeding: 3 (a) the Parties; 4 (b) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 5 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 6 for this litigation; 7 (c) the officers, directors, and employees (including House Counsel) of the Receiving Party 8 to whom disclosure is reasonably necessary; 9 (d) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 10 reasonably necessary for this litigation and who have signed the “Acknowledgment and 11 Agreement to Be Bound” (Exhibit A); 12 (e) the court and its personnel; 13 (f) court reporters and their staff, professional jury or trial consultants, mock jurors, and 14 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) during their depositions, witnesses in the action to whom disclosure is reasonably 17 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 18 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 20 bound by the court reporter and may not be disclosed to anyone except as permitted under this 21 Stipulated Protective Order; and 22 (h) the author or recipient of a document containing the information or a custodian or other 23 person who otherwise possessed or knew the information. 24 7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 25 Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, 26 access to or disclosure of material designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 27 shall be permitted only to the persons or entities identified in subsections (b), (d), (e), (f), (g), and 28 (h) of paragraph 7.2, above. To be unequivocally clear, “CONFIDENTIAL – ATTORNEYS’ 1 EYES ONLY” material shall not be made accessible to parties (subsection (a)) or the parties’ 2 officers, directors, or employees (subsection (c)). 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 4 OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 7 must: 8 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 9 of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 11 other litigation that some or all of the material covered by the subpoena or order is subject to this 12 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 14 Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the subpoena 16 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 17 or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court from 18 which the subpoena or order issued, unless the Party has obtained the Designating Party’s 19 permission. The Designating Party shall bear the burden and expense of seeking protection in that 20 court of its confidential material – and nothing in these provisions should be construed as 21 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 22 another court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 24 THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a Non-Party in this 26 action and designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES 27 ONLY.” Such information produced by Non-Parties in connection with this litigation is protected 28 by the remedies and relief provided by this Order. Nothing in these provisions should be construed 1 as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 3 Party’s confidential information in its possession, and the Party is subject to an agreement with the 4 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of 6 the information requested is subject to a confidentiality agreement with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this 8 litigation, the relevant discovery request(s), and a reasonably specific description of the 9 information requested; and 10 (3) make the information requested available for inspection by the Non-Party. 11 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days 12 of receiving the notice and accompanying information, the Receiving Party may produce the Non- 13 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks 14 a protective order, the Receiving Party shall not produce any information in its possession or 15 control that is subject to the confidentiality agreement with the Non-Party before a determination 16 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 17 of seeking protection in this court of its Protected Material. 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 20 Material to any person or in any circumstance not authorized under this Stipulated Protective 21 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 22 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 23 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 24 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 25 Agreement to Be Bound” (Exhibit A). 26 // 27 // 28 // 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain inadvertently 4 produced material is subject to a claim of privilege or other protection, the obligations of the 5 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 6 is not intended to modify whatever procedure may be established in an e-discovery order that 7 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 8 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 9 communication or information covered by the attorney-client privilege or work product protection, 10 the parties may incorporate their agreement in the stipulated protective order submitted to the 11 court. 12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 14 seek its modification by the court in the future. 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 16 no Party waives any right it otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 18 Party waives any right to object on any ground to use in evidence of any of the material covered 19 by this Protective Order. 20 12.3 Filing Protected Material. Without written permission from the Designating Party 21 or a court order secured after appropriate notice to all interested persons, a Party may not file in 22 the public record in this action any Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 24 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 25 Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the 26 Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 27 protection under the law. If a Receiving Party's request to file Protected Material under seal 28 pursuant to Local Rule 141 is denied by the court, then the Receiving Party may file the 1 information in the public record pursuant to Local Rule 141 unless otherwise instructed by the 2 court. 3 13. FINAL DISPOSITION 4 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 6 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 8 the Protected Material is returned or destroyed, the Receiving Party must submit a written 9 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 10 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 11 that was returned or destroyed, and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries, or any other format reproducing or capturing any of the 13 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 14 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 15 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 16 and expert work product, even if such materials contain Protected Material. Any such archival 17 copies that contain or constitute Protected Material remain subject to this Protective Order as set 18 forth in Section 4 (“DURATION”). 19 20 21 22 23 24 25 26 27 28 1 IT IS SO STIPULATED. 2 Dated: January 26, 2023 JACKSON LEWIS P.C. 3 By: /s/ Harold R. Jones 4 Harold R. Jones Gokalp Y. Gurer 5 Attorneys for Defendant STRAUMANN USA, LLC 6 7 Dated: January 25, 2023 CASTLE LAW: CALIFORNIA 8 EMPLOYMENT COUNSEL, PC 9 By: /s/ Lisa L. Bradner 10 Timothy B. Del Castillo Lisa L. Bradner 11 Attorneys for Plaintiff 12 13 ORDER 14 IT IS HEREBY ORDERED that the parties’ stipulation is granted. 15 IT IS FURTHER ORDERED THAT: 16 1. Requests to seal documents shall be made by motion before the same judge who will 17 decide the matter related to that request to seal. 18 2. The designation of documents (including transcripts of testimony) as confidential 19 pursuant to this order does not automatically entitle the parties to file such a document with the 20 court under seal. Parties are advised that any request to seal documents in this district is 21 governed by Local Rule 141. In brief, Local Rule 141 provides that documents may only be 22 sealed by a written order of the court after a specific request to seal has been made. L.R. 141(a). 23 However, a mere request to seal is not enough under the local rules. In particular, Local Rule 24 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other 25 authority for sealing, the requested duration, the identity, by name or category, of persons to be 26 permitted access to the document, and all relevant information.” L.R. 141(b). 27 3. A request to seal material must normally meet the high threshold of showing that 28 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 1 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 2 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 3 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 4 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 5 certain documents, at any court hearing or trial – such determinations will only be made by the 6 court at the hearing or trial, or upon an appropriate motion. 7 5. With respect to motions regarding any disputes concerning this protective order which 8 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 9 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 10 parte basis or on shortened time. 11 6. The parties may not modify the terms of this Protective Order without the court’s 12 approval. If the parties agree to a potential modification, they shall submit a stipulation and 13 proposed order for the court’s consideration. 14 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 15 of the terms of this Protective Order after the action is terminated. 16 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 17 hereby DISAPPROVED. 18 DATED: February 1, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 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 have read in its entirety and 5 understand the 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 Cochran v. Straumann USA, LLC, Case 7 No. 2:22-cv-00768-JAM-DB. I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 10 not disclose in any manner any information or item that is subject to this Stipulated Protective 11 Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 14 Order, even if such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] 17 as my California agent for service of process in connection with this action or any proceedings 18 related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 4884-8992-0843, v. 1 28