Dane Russell v. UL LLC

• Court: District Court, C.D. California
• Decided: May 27, 2022
• Docket: 2:21-cv-09736
• Status: Unknown

Opinion

Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 1 of 15 Page ID #:284

1 SEYFARTH SHAW LLP Ari Hersher (SBN 260321) 2 ahersher@seyfarth.com John Yslas (SBN 187324) 3 jyslas@seyfarth.com Ian T. Long (SBN 290975) 4 itlong@seyfarth.com 560 Mission Street, 31st Floor 5 San Francisco, California 94105 Telephone: (415) 397-2823 6 Facsimile: (415) 397-8549 7 Attorneys for Defendant UL LLC 8

9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 DANE RUSSELL, an individual, Case No. 2:21-cv-09736-FMO-PD 14 Plaintiff, JOINT STIPULATED 15 PROTECTIVE ORDER v. 16 UL LLC, a Delaware limited liability Complaint Filed: November 10, 2021 17 company; and DOES 1 through 20, inclusive, 18 Defendants. 19

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1 1. A. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does not 7 confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable legal 10 principles. 11 B. GOOD CAUSE STATEMENT 12 This action may involve trade secrets, customer and pricing lists and other valuable 13 research, development, commercial, financial, technical and/or proprietary information 14 for which special protection from public disclosure and from use for any purpose other 15 than prosecution of this action is warranted. Such confidential and proprietary materials 16 and information consist of, among other things, confidential business or financial 17 information, information regarding confidential business practices, or other confidential 18 research, development, or commercial information (including information implicating 19 privacy rights of third parties), information otherwise generally unavailable to the public, 20 or which may be privileged or otherwise protected from disclosure under state or federal 21 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of 22 information, to facilitate the prompt resolution of disputes over confidentiality of 23 discovery materials, to adequately protect information the parties are entitled to keep 24 confidential, to ensure that the parties are permitted reasonable necessary uses of such 25 material in preparation for and in the conduct of trial, to address their handling at the end 26 of the litigation, and serve the ends of justice, a protective order for such information is 27 justified in this matter. It is the intent of the parties that information will not be 28 designated as confidential for tactical reasons and that nothing be so designated without a 1 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 3 of 15 Page ID #:286

1 good faith belief that it has been maintained in a confidential, non-public manner, and 2 there is good cause why it should not be part of the public record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 Stipulated Protective Order does not entitle them to file confidential information under 6 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 7 standards that will be applied when a party seeks permission from the court to file 8 material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, good 11 cause must be shown to support a filing under seal. See Kamakana v. City and County of 12 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 13 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 14 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and 15 a specific showing of good cause or compelling reasons with proper evidentiary support 16 and legal justification, must be made with respect to Protected Material that a party seeks 17 to file under seal. The parties’ mere designation of Disclosure or Discovery Material as 18 CONFIDENTIAL does not— without the submission of competent evidence by 19 declaration, establishing that the material sought to be filed under seal qualifies as 20 confidential, privileged, or otherwise protectable—constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the relief 23 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 24 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 25 of information, document, or thing sought to be filed or introduced seal in connection 26 with a dispositive motion or trial, the party seeking protection must articulate compelling 27 reasons, supported by specific facts and legal justification, for the requested sealing 28 2 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 4 of 15 Page ID #:287

1 order. Again, competent evidence supporting the application to file documents under seal 2 must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in its 4 entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only the 6 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 7 Any application that seeks to file documents under seal in their entirety should include an 8 explanation of why redaction is not feasible. 9 2. DEFINITIONS 10 2.1 Action: this pending lawsuit. 11 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 12 information or items under this Order. 13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 14 is generated, stored or maintained) or tangible things that qualify for protection under 15 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 16 Statement. 17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 18 support staff). 19 2.5 Designating Party: a Party or Non-Party that designates information or items 20 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless of the 22 medium or manner in which it is generated, stored, or maintained (including, among 23 other things, testimony, transcripts, and tangible things), that are produced or generated in 24 disclosures or responses to discovery in this Action. 25 2.7 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 27 expert witness or as a consultant in this Action. 28 3 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 5 of 15 Page ID #:288

1 2.8 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside counsel. 3 2.9 Non-Party: any natural person, partnership, corporation, association, or other 4 legal entity not named as a Party to this Action. 5 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 6 this Action but are retained to represent or advise a party to this Action and have 7 appeared in this Action on behalf of that party or are affiliated with a law firm which has 8 appeared on behalf of that party, and includes support staff. 9 2.11 Party: any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 2.12 Professional Vendors: persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 17 their employees and subcontractors. 18 2.13 Protected Material: any Disclosure or Discovery Material that is designated 19 as “CONFIDENTIAL.” 20 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from 21 a Producing Party. 22 3. SCOPE 23 The protections conferred by this Stipulation and Order cover not only Protected 24 Material (as defined above), but also (1) any information copied or extracted from 25 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 26 Material; and (3) any testimony, conversations, or presentations by Parties or their 27 Counsel that might reveal Protected Material. However, the protections conferred by this 28 Stipulation and Order do not cover the following information: (a) any information that is 4 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 6 of 15 Page ID #:289

1 in the public domain at the time of disclosure to a Receiving Party or becomes part of the 2 public domain after its disclosure to a Receiving Party as a result of publication not 3 involving a violation of this Order, including becoming part of the public record through 4 trial or otherwise; and (b) any information known to the Receiving Party prior to the 5 disclosure or obtained by the Receiving Party after the disclosure from a source who 6 obtained the information lawfully and under no obligation of confidentiality to the 7 Designating Party. Any use of Protected Material at trial shall be governed the orders of 8 the trial judge. This Order does not govern the use of Protected Material at trial. 9 4. DURATION 10 Once a case proceeds to trial, information that was designated as CONFIDENTIAL 11 or maintained pursuant to this protective order used or introduced as an exhibit at trial 12 becomes public and will be presumptively available to all members of the public, including 13 the press, unless compelling reasons supported by specific factual findings to proceed 14 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 15 1180-81 (distinguishing “good cause” showing for sealing documents produced in 16 discovery from “compelling reasons” standard when merits-related documents are part of 17 court record). Accordingly, the terms of this protective order do not extend beyond the 18 commencement of the trial. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 21 Party or Non-Party that designates information or items for protection under this Order 22 must take care to limit any such designation to specific material that qualifies under the 23 appropriate standards. The Designating Party must designate for protection only those parts 24 of material, documents, items, or oral or written communications that qualify – so that 25 other portions of the material, documents, items, or communications for which protection is 26 not warranted are not swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 28 shown to be clearly unjustified or to have been made for an improper purpose (e.g., to 5 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 7 of 15 Page ID #:290

1 unnecessarily encumber or retard the case development process or to impose unnecessary 2 expenses and burdens on other parties) may expose the Designating Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this 7 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 8 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 9 must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) For information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 13 that the Producing Party affix the legend “CONFIDENTIAL” to each page that contains 14 protected material. If only a portion or portions of the material on a page qualifies for 15 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 16 by making appropriate markings in the margins). A Producing Party electronically 17 producing documents in native format may designate the document as protected material 18 by marking a slip sheet or file name with the designation. 19 A Party or Non-Party that makes original documents or materials available for 20 inspection need not designate them for protection until after the inspecting Party has 21 indicated which documents it would like copied and produced. During the inspection and 22 before the designation, all of the material made available for inspection shall be deemed 23 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 24 copied and produced, the Producing Party must determine which documents, or portions 25 thereof, qualify for protection under this Order. Then, before producing the specified 26 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 27 that contains Protected Material. If only a portion or portions of the material on a page 28 qualifies for protection, the Producing Party also must clearly identify the protected 6 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 8 of 15 Page ID #:291

1 portion(s) (e.g., by making appropriate markings in the margins). 2 (b) for testimony given in depositions that the Designating Party identifies 3 the Disclosure of Discovery Material on the record, before the close of the deposition, all 4 protected testimony. When it is impractical to identify separately each portion of 5 testimony that is entitled to protection and it appears that substantial portions of the 6 testimony may qualify for protection, the Designating Party may invoke on the record 7 (before the deposition, hearing, or other proceeding is concluded) a right to have up to 21 8 days after receipt of the transcript to identify the specific portions of the testimony as to 9 which protection is sought and to specify the level of protection being asserted. Only 10 those portions of the testimony that are appropriately designated for protection within the 11 21 days shall be covered by the provisions of this Stipulated Protective Order. 12 Alternatively, a Designating Party may specify, at the deposition or up to 21 days 13 afterwards if that period is properly invoked, that the entire transcript shall be treated as 14 “CONFIDENTIAL.” 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 16 to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. Upon 18 timely correction of a designation, the Receiving Party must make reasonable efforts to 19 assure that the material is treated in accordance with the provisions of this Order. 20 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 21 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 22 confidentiality at any time that is consistent with the Court’s Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 24 process under Local Rule 37-1 et seq. 25 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 26 stipulation pursuant to Local Rule 37-2. 27 6.4 Judicial Intervention. The burden of persuasion in any such challenge 28 proceeding shall be on the Designating Party. Frivolous challenges, and those made for 7 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 9 of 15 Page ID #:292

1 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 2 other parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall continue 4 to afford the material in question the level of protection to which it is entitled under the 5 Producing Party’s designation until the Court rules on the challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 7.1 Basic Principles. A Receiving Party may use Protected Material that is 8 disclosed or produced by another Party or by a Non-Party in connection with this Action 9 only for prosecuting, defending, or attempting to settle this Action. Such Protected 10 Material may be disclosed only to the categories of persons and under the conditions 11 described in this Order. When the Action has been terminated, a Receiving Party must 12 comply with the provisions of section 13 below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 17 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 18 may disclose any information or item designated “CONFIDENTIAL” only to: 19 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 20 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 21 disclose the information for this Action; 22 (b) the officers, directors, and employees (including House Counsel) of the 23 Receiving Party to whom disclosure is reasonably necessary for this Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to whom 25 disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court and its personnel; 28 (e) court reporters and their staff; 8 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 10 of 15 Page ID #:293

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 3 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses in the action to whom disclosure is 7 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 8 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 9 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 10 Protected Material may be separately bound by the court reporter and may not be 11 disclosed to anyone except as permitted under this Stipulated Protective Order; and 12 (i) any mediator or settlement officer, and their supporting personnel, 13 mutually agreed upon by any of the parties engaged in settlement discussions. 14 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 15 OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation that 17 compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL,” that Party must: 19 (a) promptly notify in writing the Designating Party. Such notification shall 20 include a copy of the subpoena or court order; 21 (b) promptly notify in writing the party who caused the subpoena or order to issue 22 in the other litigation that some or all of the material covered by the subpoena or order is 23 subject to this Protective Order. Such notification shall include a copy of this Stipulated 24 Protective Order; and 25 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 26 Designating Party whose Protected Material may be affected. 27 If the Designating Party timely seeks a protective order, the Party served with the 28 subpoena or court order shall not produce any information designated in this Action as 9 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 11 of 15 Page ID #:294

1 “CONFIDENTIAL” before a determination by the court from which the subpoena or 2 order issued, unless the Party has obtained the Designating Party’s permission. The 3 Designating Party shall bear the burden and expense of seeking protection in that court of 4 its confidential material – and nothing in these provisions should be construed as 5 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive 6 from another court. 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 8 IN THIS LITIGATION 9 (a) The terms of this Order are applicable to information produced by a Non-Party 10 in this action and designated as “CONFIDENTIAL.” Such information produced by Non- 11 Parties in connection with this Action is protected by the remedies and relief provided by 12 this Order. Nothing in these provisions should be construed as prohibiting a Non-Party 13 from seeking additional protections. 14 (b) In the event that a Party is required, by a valid discovery request, to produce a 15 Non-Party’s confidential information in its possession, and the Party is subject to an 16 agreement with the Non-Party not to produce the Non-Party’s confidential information, 17 then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party that 19 some or all of the information requested is subject to a confidentiality agreement with a 20 Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 22 Order in this litigation, the relevant discovery request(s), and a reasonably specific 23 description of the information requested; and 24 (3) make the information requested available for inspection by the Non- 25 Party, if requested. 26 (c) If the Non-Party fails to seek a protective order from this court within 14 days 27 of receiving the notice and accompanying information, the Receiving Party may produce 28 the Non-Party’s confidential information responsive to the discovery request. If the Non- 10 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 12 of 15 Page ID #:295

1 Party timely seeks a protective order, the Receiving Party shall not produce any 2 information in its possession or control that is subject to the confidentiality agreement 3 with the Non-Party before a determination by the court. Absent a court order to the 4 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 5 court of its Protected Material. 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 8 Protected Material to any person or in any circumstance not authorized under this 9 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 10 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 11 all unauthorized copies of the Protected Material, (c) inform the person or persons to 12 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 13 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 14 that is attached hereto as Exhibit A. 15 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 PROTECTED 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 19 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 20 This provision is not intended to modify whatever procedure may be established in an e- 21 discovery order that provides for production without prior privilege review. Pursuant to 22 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 23 effect of disclosure of a communication or information covered by the attorney-client 24 privilege or work product protection, the parties may incorporate their agreement in the 25 stipulated protective order submitted to the Court. 26 12. MISCELLANEOUS 27 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person 28 to seek its modification by the Court in the future. 11 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 Case 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 13 of 15 Page ID #:296

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 3 producing any information or item on any ground not addressed in this Stipulated 4 Protective Order. Similarly, no Party waives any right to object on any ground to use in 5 evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 7 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected 9 Material at issue. If a Party's request to file Protected Material under seal is denied by the 10 Court, then the Receiving Party may file the information in the public record unless 11 otherwise instructed by the Court. 12 13. FINAL DISPOSITION 13 After the final disposition of this action, within 60 days of a written request by the 14 Designating Party, each Receiving Party must return all Protected Material to the 15 Producing Party or destroy such material. As used in this subdivision, “all Protected 16 Material” includes all copies, abstracts, compilations, summaries, and any other format 17 reproducing or capturing any of the Protected Material. Whether the Protected Material is 18 returned or destroyed, the Receiving Party must submit a written certification to the 19 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 20 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 21 that was returned or destroyed and (2) affirms that the Receiving Party has not retained 22 any copies, abstracts, compilations, summaries or any other format reproducing or 23 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 24 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 25 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 26 expert reports, attorney work product, and consultant and expert work product, even if 27 such materials contain Protected Material. Any such archival copies that contain or 28 constitute Protected Material remain subject to this Protective Order as set forth in 12 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3 se 2:21-cv-09736-FMO-PD Document 19 Filed 05/27/22 Page 14o0f15 Page ID #:297

1 ||Section 4 (DURATION). 2 3. || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 DATED: 05/26/2022 SEYFARTH SHAW LLP asap 6 I ow I By: 7 Ari Hersher John Yslas 8 Ian T. Long 9 Attorneys for Defendant UL LL 10 11 The above attorney attests that all other signatories listed, and on whose behalf the 12 || filing is submitted, concur in the filing’s content and have authorized the filing. 13 i DATED: 05/24/2022 HKM EMPLOYMENT ATTORNEYS 15 16 By: (tbr. CAG). V7 Chaka C. Okadigbo 18 Attorneys for Plaintiff DANE RUSSELL 19 20 5 PURSUANT TO STIPULATION, IT IS SO ORDERED.

22 2 Lo DATED: May 27, 2022 alucea Denali 23 United States Magistrate Judge 24 25 26 27 28 13 $1073163v.3

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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 5 and understand the Stipulated Protective Order that was issued by the United States 6 District Court for the Central District of California on _________ [date] in the case of 7 Dane Russell v. UL LLC, Case No. 2:21-cv-09736-FMO-PD. I agree to comply with and 8 to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in 10 the nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or 12 entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Central District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of this 16 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 20 any 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 14 JOINT STIPULATED PROTECTIVE ORDER 81073163v.3