Bowen v. JEA Senior Living Health and Welfare Benefit Plan, LLC

Opinion

1 BRYAN L. HAWKINS (SB #238346) bryan.hawkins@stoel.com 500 Capitol Mall, Suite 1600 3 Sacramento, CA 95814 Telephone: 916.447.0700 4 Facsimile: 916.447.4781

5 BAO M. VU (SB #277970) bao.vu@stoel.com Three Embarcadero Center, Suite 1120 7 San Francisco, CA 94111 Telephone: 415.617.8900 8 Facsimile: 415.617.8901

9 Attorneys for Defendants JEA Senior Living Health & Welfare Benefit Plan, 10 LLC; Willow Springs Management CA, LLC; Blossom Grove, CA, LLC; Empire Ranch 11 Alzheimer’s Special Care Center

12 15 16 ANNICA B. BOWEN, a.k.a. ANNICA Case No. 2:20−CV−02318−TLN−KJN PALACIO, individually, and on behalf of 17 similarly situated employees, STIPULATED PROTECTIVE ORDER 18 Plaintiff, 19 v. WELFARE BENEFIT PLAN LLC, a 21 Washington Limited Liability Company, WILLOW SPRINGS MANAGEMENT CA, 22 LLC, a Delaware Limited Liability Company, BLOSSOM GROVE, CA, LLC, a Delaware 23 Limited Liability Company, EMPIRE RANCH ALZHEIMER’S SPECIAL CARE CENTER, a 24 business entity form unknown, and DOES 1- 100, inclusive, 25 Defendants. 26

27 28 1 1. PURPOSES AND LIMITATIONS 2 Plaintiff Annica B. Bowen has filed a putative wage and hour class action on behalf of 3 other similarly situated hourly employees that work or worked in California as caregivers for 4 Defendants JEA Senior Living Health & Welfare Benefit Plan, LLC; Willow Springs 5 Management CA, LLC; Blossom Grove, CA, LLC; or Empire Ranch Alzheimer’s Special Care 6 Center (collectively “Defendants”). Defendants operate assisted living care facilities which are 7 homes to elder adults, disabled adults, and patients with memory loss such as Alzheimer’s and 8 dementia. 9 Disclosure and discovery activity in this action are likely to involve production of 10 confidential, proprietary, or private information for which special protection from public 11 disclosure and from use for any purpose other than prosecuting this litigation. Specifically, 12 pursuant to Local Rule 141.1(c), the types of confidential, proprietary, or private information the 13 parties anticipate exchanging and for which the protections herein are sought includes, but is not 14 limited to: 15 (a) personnel files and payroll records for California caregiver employees which may 16 contain confidential and sensitive information such as addresses, phone numbers, social security 17 numbers, identification of dependents and minors, benefits, medical and/or psychiatric records, 18 evaluations and disciplinary action which may contain the identities of facility residents, 19 background checks and financial records for the employee(s); 20 (b) confidential agreements which govern how the subject facilities are managed and 21 maintained; 22 (c) putative class lists with confidential contact and payroll information for California 23 caregivers employed by Defendants; and 24 (d) Defendants’ financial and accounting documents not generally known or available 25 to the public. 26 These documents should be protected from disclosure because they contain confidential, 27 proprietary, or private and sensitive information, which is protected from disclosure by 28 Defendants and which, if disclosed publicly and outside of the scope of this present litigation, 1 could cause harm to Defendants (including competitive harm) and to third parties to this 2 litigation. 3 The parties believe that the terms and conditions set forth below should be 4 entered by a court order, as opposed to a private agreement between or among the parties, because 5 the terms herein will pertain solely to the production and use of discovery in this action, will set 6 forth procedures by which the parties can expeditiously resolve confidentiality or privilege-related 7 disputes before the Court, and will govern potential discovery from third parties who would not 8 otherwise be subject to a private agreement. 9 Accordingly, the parties hereby stipulate to and petition the court to enter the following 10 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 11 protections on all disclosures or responses to discovery and that the protection it affords from 12 public disclosure and use extends only to the limited information or items that are entitled to 13 confidential treatment under the applicable legal principles. The parties further acknowledge, as 14 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 15 confidential information under seal; Civil Local Rule 141 sets forth the procedures that must be 16 followed and the standards that will be applied when a party seeks permission from the court to 17 file material under seal. 18 2. DEFINITIONS 19 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 20 information or items under this Order. 21 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 22 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 23 of Civil Procedure 26(c). 24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 25 well as their support staff). 26 2.4 Designating Party: a Party or Non-Party that designates information or items that 27 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 28 1 2.5 Disclosure or Discovery Material: all items or information, regardless of the 2 medium or manner in which it is generated, stored, or maintained (including, among other things, 3 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 4 responses to discovery in this matter. 5 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 6 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 7 consultant in this action. 8 2.7 House Counsel: attorneys who are employees of a party to this action. House 9 Counsel does not include Outside Counsel of Record or any other outside counsel. 10 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 11 entity not named as a Party to this action. 12 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 13 action but are retained to represent or advise a party to this action and have appeared in this action 14 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 15 2.10 Party: any party to this action, including all of its officers, directors, employees, 16 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 17 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 18 Material in this action. 19 2.12 Professional Vendors: persons or entities that provide litigation support services 20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 21 organizing, storing, or retrieving data in any form or medium) and their employees and 22 subcontractors. 23 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 24 “CONFIDENTIAL.” 25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 26 Producing Party.

27 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected Material 3 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 4 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a 8 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 9 result of publication not involving a violation of this Order, including becoming part of the public 10 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 11 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 12 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 13 use of Protected Material at trial shall be governed by a separate agreement or order. 14 4. DURATION 15 Even after final disposition of this litigation, the confidentiality obligations imposed by 16 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 17 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 18 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 19 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 20 including the time limits for filing any motions or applications for extension of time pursuant to 21 applicable law. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 24 or Non-Party that designates information or items for protection under this Order must take care 25 to limit any such designation to specific material that qualifies under the appropriate standards. 26 The Designating Party must designate for protection only those parts of material, documents, 27 items, or oral or written communications that qualify – so that other portions of the material, 28 documents, items, or communications for which protection is not warranted are not swept 1 unjustifiably within the ambit of this Order. 2 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 3 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 4 unnecessarily encumber or retard the case development process or to impose unnecessary 5 expenses and burdens on other parties) expose the Designating Party to sanctions. 6 If it comes to a Designating Party’s attention that information or items that it designated for 7 protection do not qualify for protection, that Designating Party must promptly notify all other 8 Parties that it is withdrawing the mistaken designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 10 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 11 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 12 designated before the material is disclosed or produced. 13 Designation in conformity with this Order requires: 14 (a) for information in documentary form (e.g., paper or electronic documents, but 15 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 16 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 17 portion or portions of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 19 margins). 20 A Party or Non-Party that makes original documents or materials available for inspection 21 need not designate them for protection until after the inspecting Party has indicated which 22 material it would like copied and produced. During the inspection and before the designation, all 23 of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the 24 inspecting Party has identified the documents it wants copied and produced, the Producing Party 25 must determine which documents, or portions thereof, qualify for protection under this Order. 26 Then, before producing the specified documents, the Producing Party must affix the 27 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 28 portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 2 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 3 Designating Party identify on the record, before the close of the deposition, hearing, or other 4 proceeding, all protected testimony. 5 (c) for information produced in some form other than documentary and for any other 6 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 7 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 8 portion or portions of the information or item warrant protection, the Producing Party, to the 9 extent practicable, shall identify the protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 11 designate qualified information or items does not, standing alone, waive the Designating Party’s 12 right to secure protection under this Order for such material. Upon timely correction of a 13 designation, the Receiving Party must make reasonable efforts to assure that the material is 14 treated in accordance with the provisions of this Order. 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 17 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 19 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the 21 original designation is disclosed. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 23 process by providing written notice of each designation it is challenging and describing the basis 24 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 25 notice must recite that the challenge to confidentiality is being made in accordance with this 26 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 27 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 28 forms of communication are not sufficient) within 14 days of the date of service of notice. In 1 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 2 designation was not proper and must give the Designating Party an opportunity to review the 3 designated material, to reconsider the circumstances, and, if no change in designation is offered, 4 to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage 5 of the challenge process only if it has engaged in this meet and confer process first or establishes 6 that the Designating Party is unwilling to participate in the meet and confer process in a timely 7 manner. 8 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 9 intervention, the Designating Party shall file and serve a motion to retain confidentiality and in 10 compliance with Civil Local Rule 141, if applicable) within 21 days of the initial notice of 11 challenge or within 14 days of the parties agreeing that the meet and confer process will not 12 resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 13 competent declaration affirming that the movant has complied with the meet and confer 14 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 15 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 16 automatically waive the confidentiality designation for each challenged designation. In addition, 17 the Challenging Party may file a motion challenging a confidentiality designation at any time if 18 there is good cause for doing so, including a challenge to the designation of a deposition transcript 19 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a 20 competent declaration affirming that the movant has complied with the meet and confer 21 requirements imposed by the preceding paragraph. 22 The burden of persuasion in any such challenge proceeding shall be on the Designating 23 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 24 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 25 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 26 file a motion to retain confidentiality as described above, all parties shall continue to afford the 27 material in question the level of protection to which it is entitled under the Producing Party’s 28 designation until the court rules on the challenge. 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 3 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 8 Protected Material must be stored and maintained by a Receiving Party at a location and in 9 a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 15 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 16 Bound” that is attached hereto as Exhibit A; 17 (b) the officers, directors, and employees (including House Counsel) of the Receiving 18 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 21 reasonably necessary for this litigation and who have signed the “Acknowledgment and 22 Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 25 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who 26 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 28 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 1 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 2 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 3 bound by the court reporter and may not be disclosed to anyone except as permitted under this 4 Stipulated Protective Order. 5 (g) the author or recipient of a document containing the information or a custodian or 6 other person who otherwise possessed or knew the information. 7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 9 If a Party is served with a subpoena or a court order issued in other litigation that compels 10 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 11 must: 12 (a) promptly notify in writing the Designating Party. Such notification shall include a 13 copy of the subpoena or court order; 14 (b) promptly notify in writing the party who caused the subpoena or order to issue in 15 the other litigation that some or all of the material covered by the subpoena or order is subject to 16 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 17 and 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 19 Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the 21 subpoena or court order shall not produce any information designated in this action as 22 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 23 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 24 shall bear the burden and expense of seeking protection in that court of its confidential material – 25 and nothing in these provisions should be construed as authorizing or encouraging a Receiving 26 Party in this action to disobey a lawful directive from another court.

27 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 3 (a) The terms of this Order are applicable to information produced by a Non-Party in 4 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 5 connection with this litigation is protected by the remedies and relief provided by this Order. 6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 7 additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to produce a 9 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 10 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 11 (1) promptly notify in writing the Requesting Party and the Non-Party that some 12 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 14 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 15 information requested; and 16 (3) make the information requested available for inspection by the Non-Party. 17 (c) If the Non-Party fails to object or seek a protective order from this court within 14 18 days of receiving the notice and accompanying information, the Receiving Party may produce the 19 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 20 seeks a protective order, the Receiving Party shall not produce any information in its possession 21 or control that is subject to the confidentiality agreement with the Non-Party before a 22 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 23 burden and expense of seeking protection in this court of its Protected Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 26 Material to any person or in any circumstance not authorized under this Stipulated Protective 27 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 28 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 1 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made 2 of all the terms of this Order, and (d) request such person or persons to execute the 3 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 6 When a Producing Party gives notice to Receiving Parties that certain inadvertently 7 produced material is subject to a claim of privilege or other protection, the obligations of the 8 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 9 provision is not intended to modify whatever procedure may be established in an e-discovery 10 order that provides for production without prior privilege review. Pursuant to Federal Rule of 11 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 12 communication or information covered by the attorney-client privilege or work product 13 protection, the parties may incorporate their agreement in the stipulated protective order 14 submitted to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 17 seek its modification by the court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 19 Order no Party waives any right it otherwise would have to object to disclosing or producing any 20 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 21 Party waives any right to object on any ground to use in evidence of any of the material covered 22 by this Protective Order. 23 12.3 Filing Protected Material. Without written permission from the Designating Party 24 or a court order secured after appropriate notice to all interested persons, a Party may not file in 25 the public record in this action any Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 27 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 28 issue. 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such 4 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 5 compilations, summaries, and any other format reproducing or capturing any of the Protected 6 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 7 submit a written certification to the Producing Party (and, if not the same person or entity, to the 8 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 9 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 10 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 11 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 12 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 13 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 14 product, and consultant and expert work product, even if such materials contain Protected 15 Material. Any such archival copies that contain or constitute Protected Material remain subject to 16 this Protective Order as set forth in Section 4 (DURATION). Nothing herein shall operate to 17 prevent Counsel from record keeping in compliance with the applicable state bar requirements. 19 20 DATED: February 5, 2021 STOEL RIVES LLP

21 22 By:/s/Bao M. Vu BRYAN L. HAWKINS Attorneys for Defendants 24 JEA Senior Living Health & Welfare Benefit Plan, LLC; Willow Springs 25 Management CA, LLC; Blossom Grove, CA, LLC; Empire Ranch Alzheimer’s 26 Special Care Center 27

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| Dated: Feb 5, 2021 ated: February 5, 2 y LAW OFFICE OF STEPHEN M. HARRIS 3 4 By:/s/Stephen M. Harris (as authorized on 5 2/5/21) Stephen M. Harris 6 Attorneys for Plaintiff Annica B. Bowen, a.k.a. Annica Palacio 8 The court has reviewed the parties’ stipulated protective order, and finds it comports with 9 | the relevant authorities and the court’s applicable local rule. See L.R. 141.1(c);! see also Phillips 10 | ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (“Generally, | the public can gain access to litigation documents and information produced during discovery 12 | unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.”). 13 Therefore, the court APPROVES the protective order subject to the following clarification. 14 This court’s Local Rules indicate that once this action is closed, “unless otherwise 15 ordered, the court will not retain jurisdiction over enforcement of the terms of any protective 16 | order filed in that action.” L.R. 141 .1(f). Courts in the district generally do not agree to retain 17 jurisdiction for disputes concerning protective orders after closure of the case. See, e.g., MD 18 Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017). Based on this 19 rationale, the court will not retain jurisdiction in this case once the action is closed. 20 Dated: February 9, 2021 2 1 —-f’ Al Noreen 22 KENDALL J. □□□ tuck.1620 UNITED STATES MAGISTRATE JUDGE 23 24 ! The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: 25 (1) A description of the types of information eligible for protection under the order, with the description provided in general terms sufficient to reveal the nature of the information (e.g., 6 customer list, formula for soda, diary of a troubled child); (2) A showing of particularized need for protection as to each category of information proposed to be covered by the order; and 27 (3) A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or among the parties. 28 | Local Rule 141.1(c). EL RIVES LLP AT Law STIPULATED PROTECTIVE ORDER -14- NO. 2:20-CV—02318-TLN-KIN

1 4 I, _____________________________ [print or type full name], of _________________ 5 [print or type full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District Court for 7 the Eastern District of California on [date] in the case of Bowen v. JEA Senior Living Health & 8 Welfare Benefit Plan, LLC, et al., Case No. 2:20−CV−02318−TLN−KJN. I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the 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 Stipulated Protective 16 Order, even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone 19 number] as my California agent for service of process in connection with this action or any 20 proceedings related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28