Wilson v. Timec Services Co.,. ( 2024 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 MARVONTE WILSON, et al., Case No. 2:23-cv-00172-WBS-CSK 13 Plaintiffs, ORDER GRANTING MODIFIED STIPULATED PROTECTIVE ORDER 14 v. (ECF No 108.) 15 TIMEC SERVICES COMPANY, INC. et al., 16 Defendants. 17 18 The Court has reviewed the parties’ stipulated protective order below (ECF No. 19 108), and finds it comports with the relevant authorities and the Court’s Local Rule. See 20 L.R. 141.1. The Court APPROVES the protective order, subject to the following 21 clarification. The Court’s Local Rules indicate that once an action is closed, it “will not 22 retain jurisdiction over enforcement of the terms of any protective order filed in that 23 action.” L.R. 141.1(f); see MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 24 (E.D. Cal., Feb. 03, 2017) (noting that courts in the district generally do not retain 25 jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 26 Court will not retain jurisdiction over this protective order once the case is closed. 27 Further, the protective order appears to contain references to local rules from 28 other districts. (See Pars. 1, 6.3, 12.3 (referencing Civil Local Rules 7 and 79-5, which 1 | do not exist in the Eastern District of California).) To the extent the parties’ protective 2 || order references local rules of other districts, the Court rejects these references and 3 || reminds the parties to refer to the local rules of the Eastern District of California. 4 5 | Dated: June 10, 2024 C iy S \U 6 CHI S00 KIM 7 UNITED STATES MAGISTRATE JUDGE 8 || 4, wilso172.23 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Lawrence A. Organ (SBN 175503) Julianne K. Stanford (SBN 290001) 2 Cimone A. Nunley (SBN 326915) CALIFORNIA CIVIL RIGHTS LAW GROUP 3 332 San Anselmo Avenue 4 San Anselmo, CA 94960 Tel. (415) 453-4740 5 Fax (415) 785-7352 Email: larry@civilrightsca.com 6 julianne@civilrightsca.com 7 cimone@civilrightsca.com Attorneys for Plaintiffs MARVONTE WILSON, 8 DOMONIQUE DANIELS, and the Putative Class 9 Vernon C. Goins II (SBN 195461) Ravneet Sandhu (SBN 338166) 10 LAW OFFICES OF VERNON C. GOINS 11 1970 Broadway, Ste. 450 Oakland, CA 94612 12 Tel. 510-663-3700 Fax 510-663-3710 13 Email: vgoins@goinslawfirm.com nsandhu@goinslawfirm.com 14 Attorneys for Plaintiffs MARVONTE WILSON, 15 DOMONIQUE DANIELS, and the Putative Class 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 MARVONTE WILSON and DOMONIQUE Case No. 2:23−CV−00172−WBS−CSK 20 DANIELS, individually and on behalf of all others similarly situated, STIPULATED PROTECTIVE ORDER 21 AND [PROPOSED] ORDER Plaintiffs, 22 23 v. 24 TIMEC SERVICES COMPANY, INC.; FERROVIAL SERVICES 25 INFRASTRUCTURE, INC.; VALERO REFINING COMPANY – CALIFORNIA; 26 DISA GLOBAL SOLUTIONS; and DOES 1 27 THROUGH 50, INCLUSIVE, 28 1 Defendants. 2 3 1. PURPOSES AND LIMITATIONS 4 Disclosure and discovery activity in this action are likely to involve production of 5 confidential, proprietary, or private information for which special protection from public 6 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 7 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on 8 all disclosures or responses to discovery and that the protection it affords from public disclosure 9 and use extends only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth in Section 11 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 Local Rule 141 sets forth the procedures that must 13 be followed and the standards that will be applied when a party seeks permission from the court 14 to file material under seal. 15 2. DEFINITIONS 16 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 19 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 20 of Civil Procedure 26(c). 21 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 22 well as their support staff). 23 2.4 Designating Party: a Party or Non-Party that designates information or items that it 24 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the 25 medium or manner in which it is generated, stored, or maintained (including, among other things, 26 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 27 responses to discovery in this matter. 28 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 6 entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 8 action but are retained to represent or advise a party to this action and have appeared in this action 9 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 2.10 Party: any party to this action, including all of its officers, directors, employees, 11 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 12 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 13 Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 16 organizing, storing, or retrieving data in any form or medium) and their employees and 17 subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 19 “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 Producing Party. 22 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 23 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 24 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a 28 1 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 2 a result of publication not involving a violation of this Order, including becoming part of the 3 public record through trial or otherwise; and (b) any information known to the Receiving Party 4 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating 5 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations imposed by 8 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 9 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 10 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 11 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 12 including the time limits for filing any motions or applications for extension of time pursuant to 13 applicable law. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 16 or Non-Party that designates information or items for protection under this Order must take care 17 to limit any such designation to specific material that qualifies under the appropriate standards. 18 The Designating Party must designate for protection only those parts of material, documents, 19 items, or oral or written communications that qualify – so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not swept 21 unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 23 unnecessarily encumber or retard the case development process or to impose unnecessary 24 expenses and burdens on other parties) expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it designated 26 for protection do not qualify for protection, that Designating Party must promptly notify all other 27 Parties that it is withdrawing the mistaken designation. 28 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. Designation in conformity with this Order requires: 5 (a) For information in documentary form (e.g., paper or electronic documents, but 6 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 7 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 8 portion or portions of the material on a page qualifies for protection, the Producing Party also 9 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 10 margins). 11 A Party or Non-Party that makes original documents or materials available for inspection 12 need not designate them for protection until after the inspecting Party has indicated which 13 material it would like copied and produced. During the inspection and before the designation, all 14 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 15 inspecting Party has identified the documents it wants copied and produced, the Producing Party 16 must determine which documents, or portions thereof, qualify for protection under this Order. 17 Then, before producing the specified documents, the Producing Party must affix the 18 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 19 portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 21 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating 22 Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony. 23 (c) for information produced in some form other than documentary and for any other 24 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 25 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 26 portion or portions of the information or item warrant protection, the Producing Party, to the 27 extent practicable, shall identify the protected portion(s). 28 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2 designate qualified information or items does not, standing alone, waive the Designating Party’s 3 right to secure protection under this Order for such material. Upon timely correction of a 4 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 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 13 process by providing written notice of each designation it is challenging and describing the basis 14 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 15 notice must recite that the challenge to confidentiality is being made in accordance with this 16 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 17 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 18 forms of communication are not sufficient) within 14 days of the date of service of notice. In 19 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 20 designation was not proper and must give the Designating Party an opportunity to review the 21 designated material, to reconsider the circumstances, and, if no change in designation is offered, 22 to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or 23 establishes that the Designating Party is unwilling to participate in the meet and confer process in 24 a timely manner. 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 under 27 Civil Local Rule 7 Local Rule 251 (and in compliance with Civil Local Rule 79-5 Local Rule 28 1 141, if applicable) within 21 days of the initial notice of challenge or within 14 days of the parties 2 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each 3 such motion must be accompanied by a competent declaration affirming that the movant has 4 complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a motion including the required declaration within 21 days (or 5 14 days, if applicable) shall automatically waive the confidentiality designation for each 6 challenged designation. In addition, the Challenging Party may file a motion challenging a 7 confidentiality designation at any time if there is good cause for doing so, including a challenge to 8 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to 9 this provision must be accompanied by a competent declaration affirming that the movant has 10 complied with the meet and confer requirements imposed by the 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 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a location and 25 in a secure manner that ensures that access is limited to the persons authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 27 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 28 1 information or item designated “CONFIDENTIAL” only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 3 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 4 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 5 (b) the officers, directors, and employees (including House Counsel) of the Receiving 6 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 9 reasonably necessary for this litigation and who have signed the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 13 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 16 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 17 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 19 bound by the court reporter and may not be disclosed to anyone except as permitted under this 20 Stipulated Protective Order. 21 (g) the author or recipient of a document containing the information or a custodian or 22 other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 23 LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation that compels 25 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 26 must: 27 (a) promptly notify in writing the Designating Party. Such notification shall include a 28 1 copy of the subpoena or court order; 2 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 3 other litigation that some or all of the material covered by the subpoena or order is subject to this 4 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 5 Designating Party whose Protected Material may be affected. 6 If the Designating Party timely seeks a protective order, the Party served with the 7 subpoena or court order shall not produce any information designated in this action as 8 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 9 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 10 shall bear the burden and expense of seeking protection in that court of its confidential material – 11 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 12 Party in this action to disobey a lawful directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 14 LITIGATION 15 (a) The terms of this Order are applicable to information produced by a Non-Party in this 16 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 17 connection with this litigation is protected by the remedies and relief provided by this Order. 18 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 19 additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 21 Party’s confidential information in its possession, and the Party is subject to an agreement with 22 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or 23 all of the information requested is subject to a confidentiality agreement with a Non-Party; 24 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 25 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 26 information requested; and 27 (3) make the information requested available for inspection by the Non-Party. 28 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party may produce the 3 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 4 seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a 5 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 6 burden and expense 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 Protected 9 Material to any person or in any circumstance not authorized under this Stipulated Protective 10 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 11 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 12 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 13 made of all the terms of this Order, and (d) request such person or persons to execute the 14 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 16 MATERIAL 17 When a Producing Party gives notice to Receiving Parties that certain inadvertently 18 produced material is subject to a claim of privilege or other protection, the obligations of the 19 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 20 provision is not intended to modify whatever procedure may be established in an e-discovery 21 order that provides for production without prior privilege review. Pursuant to Federal Rule of 22 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product 23 protection, the parties may incorporate their agreement in the stipulated protective order 24 submitted to the court. 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 27 seek its modification by the court in the future. 28 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 2 Order no Party waives any right it otherwise would have to object to disclosing or producing any 3 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 4 Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 5 12.3 Filing Protected Material. Without written permission from the Designating Party 6 or a court order secured after appropriate notice to all interested persons, a Party may not file in 7 the public record in this action any Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Civil Local Rule 79-5 Local Rule 141. Protected Material 9 may only be filed under seal pursuant to a court order authorizing the sealing of the specific 10 Protected Material at issue. Pursuant to Civil Local Rule 79-5 Local Rule 141, a sealing order will 11 issue only upon a request establishing that the Protected Material at issue is privileged, 12 protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving 13 Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5 Local Rule 14 141 is denied by the court, then the Receiving Party may file the information in the public record 15 pursuant to Civil Local Rule 79-5 Local Rule 141 unless otherwise instructed by the court. 16 13. FINAL DISPOSITION 17 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 18 Receiving Party must return all Protected Material to the Producing Party or destroy such 19 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 20 compilations, summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 22 submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 23 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 24 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 25 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 26 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 28 1 product, and consultant and expert work product, even if such materials contain Protected 2 Material. Any such archival copies that contain or constitute Protected Material remain subject to 3 this Protective Order as set forth in Section 4 (DURATION). 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 DATED: June 5, 2024 __/s Cimone Nunley______________________ 6 Attorney for Plaintiffs Marvonte Wilson, 7 Domonique Daniels, and the Putative Class 8 9 DATED: June 5, 2024 __/s Cecilia Hong________________________ 10 Attorney for Defendants Timec Services 11 Company Inc., Ferrovial Services Infrastructure Inc., and Valero Refining 12 Company— California (As authorized on 6/5/24) 13 14 15 DATED: June 5, 2024 __/s Holly Williamson____________________ 16 Attorney for Defendant DISA Global Solutions 17 (As authorized on 6/5/24) 18 19 [PROPOSED] ORDER 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 DATED: ________________________ _____________________________________ 22 Hon. Chi Soo Kim 23 United States Magistrate Judge 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 understand the Stipulated Protective Order that was issued by the United States District Court for 5 the Eastern District of California on [date] in the case of ___________ Marvonte Wilson, et al. 6 v. Timec Services Company Inc., et al., Case No. 2:23−CV−00172−WBS−CSK. I agree to 7 comply with and to be bound by all the terms of this Stipulated Protective Order and I understand 8 and acknowledge that failure to so comply could expose me to sanctions and punishment in the 9 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 10 item that is subject to this Stipulated Protective Order to any person or entity except in strict 11 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 17 number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: _______________________________ 23 24 Signature: __________________________________ 25 26 27 28