Evan Harris v. FedEx Corporation

• Court: District Court, C.D. California
• Decided: March 21, 2023
• Docket: 2:23-cv-00645
• Status: Unknown

Opinion

Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 1 of 16 Page ID #:182

1 NAZGOLE HASHEMI (SBN 291711) nhashemi@legalaxxis.com 2 TANNAZ HASHEMI (SBN 296640) 3 thashemi@legalaxxis.com 4 LegalAxxis, Inc. 1999 Avenue of the Stars, Suite 1100 5 Century City, CA 90067 6 Telephone: (424) 249-3685 Facsimile: (424) 208-0622 7 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EVAN HARRIS, an individual, Case No. 2:23-cv-00645-ODW (AFMx)

12 Plaintiff, [PROPOSED] PROTECTIVE ORDER 13 v. [DISCOVERY MATTER] 14

15 FEDEX CORPORATION, a Delaware 16 corporation registered in California, FEDERAL EXPRESS CORPORATION, 17 a Delaware corporation registered in 18 California, and DOES 1-10,

19 Defendants. 20 21 22 1. PURPOSES AND LIMITATIONS 23 Discovery in this action is likely to involve production of confidential, proprietary, 24 or private information for which special protection from public disclosure and from use 25 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 26 parties hereby stipulate to and petition the Court to enter the following Stipulated 27 Protective Order. The parties acknowledge that this Order does not confer blanket 28 protections on all disclosures or responses to discovery and that the protection it affords 1 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 2 of 16 Page ID #:183

1 from public disclosure and use extends only to the limited information or items that 2 are entitled to confidential treatment under the applicable legal principles. 3 GOOD CAUSE STATEMENT 4 This action is likely to involve confidential commercial, financial, medical, 5 personal identifying information and contact information for non-party current and 6 former employees, employee personnel file(s) for current and/or non-party 7 employees, and/or proprietary information for which special protection from public 8 disclosure and from use for any purpose other than prosecution of this action is 9 warranted. Such confidential and proprietary materials and information consist of, 10 among other things, confidential business, financial, personnel, and/or medical 11 records and information (including information implicating privacy rights of third 12 parties), information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to keep 17 confidential, to ensure that the parties are permitted reasonable necessary uses of 18 such material in preparation for and in the conduct of trial, to address their handling 19 at the end of the litigation, and serve the ends of justice, a protective order for such 20 information is justified in this matter. It is the intent of the parties that information 21 will not be designated as confidential for tactical reasons and that nothing be so 22 designated without a good faith belief that it has been maintained in a confidential, 23 non-public manner, and there is good cause why it should not be part of the public 24 record of this case. 25 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information 28 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 3 of 16 Page ID #:184

1 and the standards that will be applied when a party seeks permission from the court to file 2 material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, good 5 cause must be shown to support a filing under seal. See Kamakana v. City and County of 6 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors Corp., 307 F.3d 7 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 8 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and 9 a specific showing of good cause or compelling reasons with proper evidentiary support 10 and legal justification, must be made with respect to Protected Material that a party seeks 11 to file under seal. The parties’ mere designation of Disclosure or Discovery Material as 12 CONFIDENTIAL does not—without the submission of competent evidence by 13 declaration, establishing that the material sought to be filed under seal qualifies as 14 confidential, privileged, or otherwise protectable—constitute good cause. 15 Further, if a party requests sealing related to a dispositive motion or trial, then 16 compelling reasons, not only good cause, for the sealing must be shown, and the relief 17 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 18 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 19 of information, document, or thing sought to be filed or introduced under seal in 20 connection with a dispositive motion or trial, the party seeking protection must articulate 21 compelling reasons, supported by specific facts and legal justification, for the requested 22 sealing order. Again, competent evidence supporting the application to file documents 23 under seal must be provided by declaration. 24 Any document that is not confidential, privileged, or otherwise protectable in its 25 entirety will not be filed under seal if the confidential portions can be redacted. If 26 documents can be redacted, then a redacted version for public viewing, omitting only the 27 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 28 Any application that seeks to file documents under seal in their entirety should include an 3 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 4 of 16 Page ID #:185

1 explanation of why redaction is not feasible. 2 2. DEFINITIONS 3 2.1 Action: the above-captioned case. 4 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 5 information or items under this Order. 6 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 7 is generated, stored or maintained) or tangible things that qualify for 8 protection under Federal Rule of Civil Procedure 26(c), and as specified above 9 in the Good Cause Statement. 10 2.4 Counsel (without qualifier): Outside Counsel of Record and House Counsel 11 (as well as their support staff). 12 2.5 Designating Party: a Party or Non-Party that designates information or items 13 that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 2.6 Disclosure or Discovery Material: all items or information, regardless of the 16 medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are 18 produced or generated in disclosures or responses to discovery in this matter. 19 2.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to 21 serve as an expert witness or as a consultant in this Action. 22 2.8 House Counsel: attorneys who are employees of a party to this Action. House 23 Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 2.9 Non-Party: any natural person, partnership, corporation, association or other 26 legal entity not named as a Party to this action. 27 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this 28 action but are retained to represent or advise a party to this Action and have 4 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 5 of 16 Page ID #:186

1 appeared in this action on behalf of that party or are affiliated with a law firm 2 which has appeared on behalf of that party, and includes support staff. 3 2.11 Party: any party to this action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and 5 their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 7 Material in this action. 8 2.13 Professional Vendors: persons or entities, not employed by or affiliated with 9 a Party, that provide litigation support services (e.g., photocopying, 10 videotaping, translating, preparing exhibits or demonstrations, and 11 organizing, storing, or retrieving data in any form or medium) and their 12 employees and subcontractors. 13 2.14 Protected Material: any Disclosure or Discovery Material that is designated 14 as “CONFIDENTIAL.” 15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 16 a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only Protected 19 Material (as defined above), but also (1) any information copied or extracted from 20 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 21 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 22 that might reveal Protected Material. Any use of Protected Material at trial shall be 23 governed by the orders of the trial judge. This Order does not govern the use of Protected 24 Material at trial. 25 /// 26 4. DURATION 27 Even after final disposition of this litigation, the confidentiality obligations imposed 28 by this Order shall remain in effect until a Designating Party agrees otherwise in writing 5 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 6 of 16 Page ID #:187

1 or a court order otherwise directs. Final disposition shall be deemed to be the later 2 of (1) dismissal of all claims and defenses in this Action, with or without prejudice; 3 and (2) final judgment herein after the completion and exhaustion of all appeals, 4 rehearings, remands, trials, or reviews of this Action, including the time limits for 5 filing any motions or applications for extension of time pursuant to applicable law. 6 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 8 Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material 10 that qualifies under the appropriate standards. The Designating Party must 11 designate for protection only those parts of material, documents, items or oral 12 or written communications that qualify so that other portions of the material, 13 documents, items or communications for which protection is not warranted 14 are not swept unjustifiably within the ambit of this Order. Mass, 15 indiscriminate or routinized designations are prohibited. Designations that are 16 shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to 18 impose unnecessary expenses and burdens on other parties) may expose the 19 Designating Party to sanctions. If it comes to a Designating Party’s attention 20 that information or items that it designated for protection do not qualify for 21 protection, that Designating Party must promptly notify all other Parties that 22 it is withdrawing the inapplicable designation. 23 5.2 Manner and Timing of Designations. Except as otherwise provided in this 24 Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 25 that qualifies for protection under this Order must be clearly so designated 26 before the material is disclosed or produced. Designation in conformity with 27 this Order requires: 28 (a) for information in documentary form (e.g., paper or electronic documents, but 6 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 7 of 16 Page ID #:188

1 excluding transcripts of depositions or other pretrial or trial proceedings), that 2 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” to 3 each page that contains protected material. If only a portion or portions of the 4 material on a page qualifies for protection, the Producing Party also must 5 clearly identify the protected portions(s) (e.g., by making appropriate 6 markings in the margins). 7 (b) A Party or Non-Party that makes original documents available for inspection 8 need not designate them for protection until after the inspecting Party has 9 indicated which documents it would like copied and produced. During the 10 inspection and before the designation, all of the material made available for 11 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party 12 has identified the documents it wants copied and produced, the Producing 13 Party must determine which documents, or portions thereof, qualify for 14 protection under this Order. Then, before producing the specified documents, 15 the Producing Party must affix the “CONFIDENTIAL legend” to each page 16 that contains Protected Material. If only a portion or portions of the material 17 on a page qualifies for production, the Producing Party also must clearly 18 identify the protected portion(s) (e.g., by making appropriate markings in the 19 margins). 20 (c) For testimony given in depositions, that the Designating Party identify the 21 Disclosure or Discovery Material on the record, before the close of the 22 deposition all protected testimony. 23 (d) for information produced in some form other than documentary and for any 24 other tangible items, that the Producing Party affix in a prominent place on 25 the exterior of the container or containers in which the information is stored 26 the legend “CONFIDENTIAL.” If only a portion or portions of the 27 information warrants protection, the Producing Party, to the extent 28 practicable, shall identify the protected portion(s). 7 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 8 of 16 Page ID #:189

1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 2 to designate qualified information or items does not, standing alone, waive the 3 Designating Party’s right to secure protection under this Order for such 4 material. Upon timely correction of a designation, the Receiving Party must 5 make reasonable efforts to assure that the material is treated in accordance 6 with the provisions of this Order. 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 9 of confidentiality at any time that is consistent with the Court’s Scheduling 10 Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 12 process under Local Rule 37-1 et seq. 13 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 14 stipulation pursuant to Local Rule 37-1 et seq. 15 6.4 The burden of persuasion in any such challenge proceeding shall be on the 16 Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 parties) may expose the Challenging Party to sanctions. Unless the 19 Designating Party has waived or withdrawn the confidentiality designation, 20 all parties shall continue to afford the material in question the level of 21 protection to which it is entitled under the Producing Party’s designation until 22 the Court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is 25 disclosed or produced by another Party or by a Non-Party in connection with 26 this Action only for prosecuting, defending or attempting to settle this Action. 27 Such Protected Material may be disclosed only to the categories of persons 28 and under the conditions described in this Order. When the Action has been 8 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 9 of 16 Page ID #:190

1 terminated, a Receiving Party must comply with the provisions of section 13 2 below (FINAL DISPOSITION). Protected Material must be stored and 3 maintained by a Receiving Party at a location and in a secure manner that 4 ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 6 ordered by the court or permitted in writing by the Designating Party, a 7 Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably 11 necessary to disclose the information for this Action; 12 (b) the officers, directors, and employees (including House Counsel) of the 13 Receiving Party to whom disclosure is reasonably necessary for this Action; 14 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure 15 is reasonably necessary for this Action and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 20 to whom disclosure is reasonably necessary for this Action and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (g) the author or recipient of a document containing the information or a custodian 23 or other person who otherwise possessed or knew the information; 24 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 25 to whom disclosure is reasonably necessary provided: (1) the deposing party 26 requests that the witness sign the form attached as Exhibit A hereto; and (2) 27 they will not be permitted to keep any confidential information unless they 28 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 9 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 10 of 16 Page ID #:191

1 otherwise agreed by the Designating Party or ordered by the court. Pages of 2 transcribed deposition testimony or exhibits to depositions that reveal 3 Protected Material may be separately bound by the court reporter and may not 4 be disclosed to anyone except as permitted under this Stipulated Protective 5 Order; and 6 (i) any mediator or settlement officer, and their supporting personnel, mutually 7 agreed upon by any of the parties engaged in settlement discussions. 8 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 9 OTHER LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation 11 that compels disclosure of any information or items designated in this Action as 12 “CONFIDENTIAL,” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification shall 14 include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to issue 16 in the other litigation that some or all of the material covered by the subpoena 17 or order is subject to this Protective Order. Such notification shall include a 18 copy of this Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by 20 the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22 the subpoena or court order shall not produce any information designated in this 23 action as “CONFIDENTIAL” before a determination by the court from which the 24 subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its confidential material and nothing in these provisions 27 should be construed as authorizing or encouraging a Receiving Party in this Action 28 to disobey a lawful directive from another court. 10 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 11 of 16 Page ID #:192

1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non-Party 4 in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions 7 should be construed as prohibiting a Non-Party from seeking additional 8 protections. 9 (b) In the event that a Party is required, by a valid discovery request, to produce 10 a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 1) promptly notify in writing the Requesting Party and the Non-Party that some 14 or all of the information requested is subject to a confidentiality agreement 15 with a Non-Party; 16 2) promptly notify in writing the Requesting Party and the Non-Party that some 17 or all of the information requested is subject to a confidentiality agreement 18 with a Non-Party; 19 3) make the information requested available for inspection by the Non-Party, if 20 requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 14 days 22 of receiving the notice and accompanying information, the Receiving Party 23 may produce the Non-Party’s confidential information responsive to the 24 discovery request. If the Non-Party timely seeks a protective order, the 25 Receiving Party shall not produce any information in its possession or control 26 that is subject to the confidentiality agreement with the Non-Party before a 27 determination by the court. Absent a court order to the contrary, the Non- 28 Party shall bear the burden and expense of seeking protection in this court of 11 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 12 of 16 Page ID #:193

1 its Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 Protected Material to any person or in any circumstance not authorized under this 5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 8 or persons to whom unauthorized disclosures were made of all the terms of this 9 Order, and (d) request such person or persons to execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain 14 inadvertently produced material is subject to a claim of privilege or other protection, 15 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 16 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 17 may be established in an e-discovery order that provides for production without prior 18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 19 the parties reach an agreement on the effect of disclosure of a communication or 20 information covered by the attorney-client privilege or work product protection, the 21 parties may incorporate their agreement in the stipulated protective order submitted 22 to the court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person 25 to seek its modification by the court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 27 Order, no Party waives any right it otherwise would have to object to 28 disclosing or producing any information or item on any ground not addressed 12 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 13 of 16 Page ID #:194

1 in this Stipulated Protective Order. Similarly, no Party waives any right to 2 object on any ground to use in evidence of any of the material covered by this 3 Protective Order. 4 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 5 Material must comply with Local Civil Rule 79-5. Protected Material may 6 only be filed under seal pursuant to a court order authorizing the sealing of 7 the specific Protected Material at issue. If a Party’s request to file Protected 8 Material under seal is denied by the court, then the Receiving Party may file 9 the information in the public record unless otherwise instructed by the court. 10 13. FINAL DISPOSITION 11 After the final disposition of this Action, as defined in paragraph 4, within 60 days 12 of a written request by the Designating Party, each Receiving Party must return all 13 Protected Material to the Producing Party or destroy such material. As used in this 14 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected Material. 16 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 17 a written certification to the Producing Party (and, if not the same person or entity, to the 18 Designating Party) by the 60 day deadline that (1) identifies (by category, where 19 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 20 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any 21 other format reproducing or capturing any of the Protected Material. Notwithstanding this 22 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 23 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition 24 and trial exhibits, expert reports, attorney work product, and consultant and expert work 25 product, even if such materials contain Protected Material. Any such archival copies that 26 contain or constitute Protected Material remain subject to this Protective Order as set forth 27 in Section 4. 28 14. VIOLATION 13 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 14 of 16 Page ID #:195

1 Any violation of this Order may be punished by appropriate measures 2 including, without limitation, contempt proceedings and/or monetary sanctions. 3 IT IS SO STIPULATED. 4 DATED: March 20, 2023 LEGALAXXIS, INC. 5 /s/Nazgole Hashemi 6 ________________________ Nazgole Hashemi, Esq. 7 Tannaz Hashemi, Esq. 8 Attorneys for Plaintiff, 9 EVAN HARRIS 10 DATED: March 20, 2023 FEDERAL EXPRESS 11 CORPORATION

12 /s/ Thomas J. Moran 13 _______________________ 14 Thomas J. Moran Attorney for Defendant, 15 FEDERAL EXPRESS 16 CORPORATION 17 18 19

20 21

22 23

24 25 26 27 28 14 [PROPOSED] PROTECTIVE ORDER Case 2:23-cv-00645-ODW-AFM Document Filed 03/21/23 Page15of16 Page ID #:196

1 SIGNATURE CERTIFICATION 2 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby certify that authorization for the 3 || filing of this document has been obtained from each of the other signatories shown above 4 |/and that all signatories concur in the filing’s content. 5 |} DATED: March 20, 2023 /s/Nazgole Hashemi 6 7 NAZGOLE HASHEMI g || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. g |} DATED: 3/21/2023 10 1] : 12 (Wy 4 Uf ef 13 |) ——— 14 || HON. ALEXANDER F. MacKINNON 15 || United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

15 [PROPOSED] PROTECTIVE ORDER

Case 2:23-cv-00645-ODW-AFM Document 16 Filed 03/21/23 Page 16 of 16 Page ID #:197

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ______________________________________________[print or type full 4 name], of ____________________________________________[print or type full 5 address], declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on _____, 20__ in the case of Evan Harris v. Federal Express 8 Corporation et al., Case No. 2:23-cv-00645-ODW (AFMx). I agree to comply with and 9 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 11 nature of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person or entity 13 except in strict compliance with the provisions of this Order. I further agree to submit to 14 the jurisdiction of the United States District Court for the Central District of California for 15 enforcing the terms of this Stipulated Protective Order, even if such enforcement 16 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 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27

28 16 [PROPOSED] PROTECTIVE ORDER