Meira Davis v. MacuHealth Distribution, Inc.

• Court: District Court, E.D. California
• Decided: February 5, 2020
• Docket: 2:19-cv-01947
• Status: Unknown

Opinion

ZAINAH ALFI (CA State Bar No. 227460) 2 (SBN 304164) scottcommerson@dwt.com C. GENEVIEVE JENKINS ROCHELLE L. WILCOX 3 (SBN 271128) (CA State Bar No. 197790) 1000 Wilshire Blvd., Suite 600 rochellewilcox@dwt.com 4 Los Angeles, CA 90017 VALERIE N. GALLO Telephone: 213-340-0300 (CA State Bar No. 289882) 5 Fax: 213-340-0200 valeriegallo@dwt.com zalfi@excelsislaw.com DAVIS WRIGHT TREMAINE LLP 6 865 South Figueroa Street, 24th Floor Attorneys for Plaintiff and Los Angeles, California 90017-2566 7 Counter-Defendant Telephone: (213) 633-6800 RAQUEL MEIRA DAVIS Fax: (213) 633-6899 8 Attorneys for Defendant and 9 Counter-Claimant MACUHEALTH DISTRIBUTION, 10 INC. and Defendant FREDERIC JOUHET 11 12 IN THE UNITED STATES DISTRICT COURT

13 EASTERN DISTRICT OF CALIFORNIA

14 SACRAMENTO DIVISION

15 RAQUEL MEIRA DAVIS, an individual, Case No. 2:19-cv-01947-WBS-KJN Assigned to the Hon. William B. Shubb 16 Plaintiff, STIPULATED PROTECTIVE 17 vs. ORDER

18 MACUHEALTH DISTRIBUTION, INC.; FREDERIC JOUHET, an individual; and Action Filed: September 24, 2019 19 DOES 1-10, inclusive,

20 Defendants.

21 MACUHEALTH DISTRIBUTION, INC., 22 a corporation,

23 Counter-Claimant

24 v.

25 RAQUEL MEIRA DAVIS, an individual, and DOES 1-10, inclusive, 26 Counterclaim Defendants 27 28 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of confidential, 3 4 proprietary, or private information for which special protection from public 5 disclosure and from use for any purpose other than prosecuting this litigation may 6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 7 8 enter the following Stipulated Protective Order. The parties acknowledge that this 9 Order does not confer blanket protections on all disclosures or responses to 10 discovery and that the protection it affords from public disclosure and use extends 11 12 only to the limited information or items that are entitled to confidential treatment 13 under the applicable legal principles. The parties further acknowledge, as set forth 14 in Section XIII(C), below, that this Stipulated Protective Order does not entitle them 15 16 to file confidential information under seal; Civil Local Rule 141 sets forth the 17 procedures that must be followed and the standards that will be applied when a 18 party seeks permission from the Court to file material under seal. 19 20 II. GOOD CAUSE STATEMENT 21 A. This action is likely to involve trade secrets, customer and pricing lists 22 and other valuable research, development, commercial, financial, technical and/or 23 24 proprietary information for which special protection from public disclosure and 25 from use for any purpose other than prosecution of this action is warranted. Such 26 confidential and proprietary materials and information consist of, among other 27 28 things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or 2 commercial information (including information implicating privacy rights of third 3 4 parties), information otherwise generally unavailable to the public, or which may be 5 privileged or otherwise protected from disclosure under state or federal statutes, 6 court rules, case decisions, or common law. Accordingly, to expedite the flow of 7 8 information, to facilitate the prompt resolution of disputes over confidentiality of 9 discovery materials, to adequately protect information the parties are entitled to 10 keep confidential, to ensure that the parties are permitted reasonable necessary uses 11 12 of such material in preparation for and in the conduct of trial, to address their 13 handling at the end of the litigation, and serve the ends of justice, a protective order 14 for such information is justified in this matter. It is the intent of the parties that 15 16 information will not be designated as confidential for tactical reasons and that 17 nothing be so designated without a good faith belief that it has been maintained in a 18 confidential, non-public manner, and there is good cause why it should not be part 19 20 of the public record of this case. 21 III. DEFINITIONS 22 A. Action: This pending federal lawsuit and any consolidated or related 23 24 actions. 25 B. Challenging Party: A Party or Non-Party that challenges the 26 designation of information or items under this Order. 27 28 C. “CONFIDENTIAL” Information or Items: Information (regardless of 2 how it is generated, stored or maintained) or tangible things that qualify for 3 4 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 5 the Good Cause Statement. 6 D. “HIGHLY CONFIDENTIAL” means any information which belongs 7 8 to a Designating Party who believes in good faith that the Disclosure of such 9 information to another Party or non-Party would create a substantial risk of serious 10 financial or other injury that cannot be avoided by less restrictive means. 11 12 E. Designating Party: A Party or Non-Party that designates information 13 or items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 15 16 F. Counsel: Outside Counsel of Record and House Counsel (as well as 17 their support staff). 18 G. Disclosure or Discovery Material: All items or information, regardless 19 20 of the medium or manner in which it is generated, stored, or maintained (including, 21 among other things, testimony, transcripts, and tangible things), that are produced 22 or generated in disclosures or responses to discovery in this matter. 23 24 H. Expert: A person with specialized knowledge or experience in a matter 25 pertinent to the litigation who has been retained by a Party or its counsel to serve as 26 an expert witness or as a consultant in this Action. 27 28 I. House Counsel: Attorneys who are employees of a party to this 2 Action. House Counsel does not include Outside Counsel of Record or any other 3 4 outside counsel. 5 J. Non-Party: Any natural person, partnership, corporation, association, 6 or other legal entity not named as a Party to this action. 7 8 K. Outside Counsel of Record: Attorneys who are not employees of a 9 party to this Action but are retained to represent or advise a party to this Action and 10 have appeared in this Action on behalf of that party or are affiliated with a law firm 11 12 which has appeared on behalf of that party, and includes support staff. 13 L. Party: Any party to this Action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 16 support staffs). 17 M. Producing Party: A Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 20 N. Professional Vendors: Persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 24 and their employees and subcontractors. 25 O. Protected Material: Any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL.” 27 28 P. Receiving Party: A Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 4 IV. SCOPE 5 A. The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. 11 12 B. Any use of Protected Material at trial shall be governed by the orders 13 of the trial judge. This Order does not govern the use of Protected Material at trial. 14 V. DURATION 15 16 A. Even after final disposition of this litigation, the confidentiality 17 obligations imposed by this Order shall remain in effect until a Designating Party 18 agrees otherwise in writing or a court order otherwise directs. Final disposition 19 20 shall be deemed to be the later of (1) dismissal of all claims and defenses in this 21 Action, with or without prejudice; and (2) final judgment herein after the 22 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of 23 24 this Action, including the time limits for filing any motions or applications for 25 extension of time pursuant to applicable law. 26 VI. DESIGNATING PROTECTED MATERIAL 27 28 A. Exercise of Restraint and Care in Designating Material for Protection 1. Each Party or Non-Party that designates information or items for 2 protection under this Order must take care to limit any such designation to 3 4 specific material that qualifies under the appropriate standards. The 5 Designating Party must designate for protection only those parts of material, 6 documents, items, or oral or written communications that qualify so that other 7 8 portions of the material, documents, items, or communications for which 9 protection is not warranted are not swept unjustifiably within the ambit of this 10 Order. 11 12 2. Mass, indiscriminate, or routinized designations are prohibited. 13 Designations that are shown to be clearly unjustified or that have been made 14 for an improper purpose (e.g., to unnecessarily encumber the case 15 16 development process or to impose unnecessary expenses and burdens on 17 other parties) may expose the Designating Party to sanctions. 18 3. If it comes to a Designating Party’s attention that information or 19 20 items that it designated for protection do not qualify for protection, that 21 Designating Party must promptly notify all other Parties that it is 22 withdrawing the inapplicable designation. 23 24 B. Manner and Timing of Designations 25 1. Except as otherwise provided in this Order (see, e.g., Section 26 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 27 28 Discovery Material that qualifies for protection under this Order must be 2 clearly so designated before the material is disclosed or produced. 3 4 2. Designation in conformity with this Order requires the 5 following: 6 a. For information in documentary form (e.g., paper or 7 8 electronic documents, but excluding transcripts of depositions or other 9 pretrial or trial proceedings), that the Producing Party affix at a 10 minimum, the legend “CONFIDENTIAL” and/or “HIGHLY 11 12 CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each 13 page that contains protected material. If only a portion or portions of 14 the material on a page qualifies for protection, the Producing Party also 15 16 must clearly identify the protected portion(s) (e.g., by making 17 appropriate markings in the margins). 18 b. A Party or Non-Party that makes original documents 19 20 available for inspection need not designate them for protection until 21 after the inspecting Party has indicated which documents it would like 22 copied and produced. During the inspection and before the 23 24 designation, all of the material made available for inspection shall be 25 deemed “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL.” 26 After the inspecting Party has identified the documents it wants copied 27 28 and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, 2 before producing the specified documents, the Producing Party must 3 4 affix the “CONFIDENTIAL legend” to each page that contains 5 Protected Material. If only a portion or portions of the material on a 6 page qualifies for protection, the Producing Party also must clearly 7 8 identify the protected portion(s) (e.g., by making appropriate markings 9 in the margins). 10 c. For testimony given in depositions, that the Designating 11 12 Party identify the Disclosure or Discovery Material on the record, 13 before the close of the deposition and all protected testimony. 14 d. For information produced in form other than document 15 16 and for any other tangible items, that the Producing Party affix in a 17 prominent place on the exterior of the container or containers in which 18 the information is stored the legend “CONFIDENTIAL” and/or 19 20 “HIGHLY CONFIDENTIAL.” If only a portion or portions of the 21 information warrants protection, the Producing Party, to the extent 22 practicable, shall identify the protected portion(s). 23 24 C. Inadvertent Failure to Designate 25 1. If timely corrected, an inadvertent failure to designate qualified 26 information or items does not, standing alone, waive the Designating Party’s 27 28 right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts 2 to assure that the material is treated in accordance with the provisions of this 3 4 Order. 5 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6 A. Timing of Challenges 7 8 1. Any party or Non-Party may challenge a designation of 9 confidentiality at any time that is consistent with the Court’s Scheduling 10 Order. 11 12 B. Meet and Confer 13 1. The Challenging Party shall initiate the dispute resolution 14 process. 15 16 C. The burden of persuasion in any such challenge proceeding shall be on 17 the Designating Party. Frivolous challenges, and those made for an improper 18 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 19 20 parties) may expose the Challenging Party to sanctions. Unless the Designating 21 Party has waived or withdrawn the confidentiality designation, all parties shall 22 continue to afford the material in question the level of protection to which it is 23 24 entitled under the Producing Party’s designation until the Court rules on the 25 challenge. 26 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 27 28 A. Basic Principles 1. A Receiving Party may use Protected Material that is disclosed 2 or produced by another Party or by a Non-Party in connection with this 3 4 Action only for prosecuting, defending, or attempting to settle this Action. 5 Such Protected Material may be disclosed only to the categories of persons 6 and under the conditions described in this Order. When the Action has been 7 8 terminated, a Receiving Party must comply with the provisions of Section 9 XIV below. 10 2. Protected Material must be stored and maintained by a 11 12 Receiving Party at a location and in a secure manner that ensures that access 13 is limited to the persons authorized under this Order. 14 B. Disclosure of “CONFIDENTIAL” and/or “HIGHLY 15 16 CONFIDENTIAL” Information or Items 17 1. Unless otherwise ordered by the Court or permitted in writing by 18 the Designating Party, a Receiving Party may disclose any information or 19 20 item designated “CONFIDENTIAL” only to: 21 a. The Receiving Party’s Outside Counsel of Record in this 22 Action, as well as employees of said Outside Counsel of Record to 23 24 whom it is reasonably necessary to disclose the information for this 25 Action; 26

27 28 b. The officers, directors, and employees (including House 2 Counsel) of the Receiving Party to whom disclosure is reasonably 3 4 necessary for this Action; 5 c. Experts (as defined in this Order) of the Receiving Party 6 to whom disclosure is reasonably necessary for this Action and who 7 8 have signed the “Acknowledgment and Agreement to Be Bound” 9 (Exhibit A); 10 d. The Court and its personnel; 11 12 e. Court reporters and their staff; 13 f. Professional jury or trial consultants, mock jurors, and 14 Professional Vendors to whom disclosure is reasonably necessary or 15 16 this Action and who have signed the “Acknowledgment and 17 Agreement to be Bound” attached as Exhibit A hereto; 18 g. The author or recipient of a document containing the 19 20 information or a custodian or other person who otherwise possessed or 21 knew the information; 22 h. During their depositions, witnesses, and attorneys for 23 24 witnesses, in the Action to whom disclosure is reasonably necessary 25 provided: (i) the deposing party requests that the witness sign the 26 “Acknowledgment and Agreement to Be Bound;” and (ii) they will not 27 28 be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound,” unless otherwise 2 agreed by the Designating Party or ordered by the Court. Pages of 3 4 transcribed deposition testimony or exhibits to depositions that reveal 5 Protected Material may be separately bound by the court reporter and 6 may not be disclosed to anyone except as permitted under this 7 8 Stipulated Protective Order; and 9 i. Any mediator or settlement officer, and their supporting 10 personnel, mutually agreed upon by any of the parties engaged in 11 12 settlement discussions. 13 2. Access to and/or Disclosure of HIGHLY CONFIDENTIAL 14 MATERIALS shall be permitted only to the following persons or entities: 15 16 a. Trial Counsel for the Parties, their partners and associates, 17 and staff and supporting personnel of such attorneys, such as paralegal 18 assistants, secretarial, stenographic and clerical employees and 19 20 contractors, and outside copying services, who are working on this 21 Proceeding (or any further proceedings herein) under the direction of 22 such attorneys and to whom it is necessary that the Highly Confidential 23 24 Materials be Disclosed for purposes of this Proceeding. Such 25 employees, assistants, contractors and agents to whom such access is 26 permitted and/or Disclosure is made shall, prior to such access or 27 28 Disclosure, be advised of, and become subject to, the provisions of this Protective Order. “Trial Counsel,” for purposes of this Paragraph, shall 2 mean outside retained counsel and shall not include in-house counsel 3 4 to the undersigned Parties and the paralegal, clerical and secretarial 5 staff employed by such in-house counsel; 6 b. outside experts or expert consultants consulted by the 7 8 undersigned Parties or their counsel in connection with the Proceeding, 9 whether or not retained to testify at any oral hearing; provided, 10 however, that prior to the Disclosure of Highly Confidential Materials 11 12 to any such expert or expert consultant, counsel for the Party making 13 the Disclosure shall deliver a copy of this Stipulation and Protective 14 Order to such person, shall explain its terms to such person, and shall 15 16 secure the signature of such person on a statement in the form attached 17 hereto as Exhibit A prior to the Disclosure of Highly Confidential 18 Materials. It shall be the obligation of Trial Counsel, upon learning of 19 20 any breach or threatened breach of this Stipulation and Protective 21 Order by any such expert or expert consultant, to promptly notify Trial 22 Counsel for the Designating Party of such breach or threatened breach; 23 24 c. any person who authored, received, saw or was otherwise 25 familiar with Documents, Testimony, or Information or thing 26 designated “Highly Confidential,” including any person otherwise 27 28 familiar with the Highly Confidential Information contained therein, but only to the extent of that person’s prior familiarity with the Highly 2 Confidential Information; 3 4 d. court reporters in this Proceeding (whether at depositions, 5 hearings, or any other proceeding); and 6 e. the Court. 7 8 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED 9 PRODUCED IN OTHER LITIGATION 10 A. If a Party is served with a subpoena or a court order issued in other 11 12 litigation that compels disclosure of any information or items designated in this 13 Action as “CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL” that Party 14 must: 15 16 1. Promptly notify in writing the Designating Party. Such 17 notification shall include a copy of the subpoena or court order; 18 2. Promptly notify in writing the party who caused the subpoena or 19 20 order to issue in the other litigation that some or all of the material covered 21 by the subpoena or order is subject to this Protective Order. Such notification 22 shall include a copy of this Stipulated Protective Order; and 23 24 3. Cooperate with respect to all reasonable procedures sought to be 25 pursued by the Designating Party whose Protected Material may be affected. 26 B. If the Designating Party timely seeks a protective order, the Party 27 28 served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” and/or “HIGHLY 2 CONFIDENTIAL” before a determination by the Court from which the subpoena 3 4 or order issued, unless the Party has obtained the Designating Party’s permission. 5 The Designating Party shall bear the burden and expense of seeking protection in 6 that court of its confidential and/or highly confidential material and nothing in these 7 8 provisions should be construed as authorizing or encouraging a Receiving Party in 9 this Action to disobey a lawful directive from another court. 10 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 12 PRODUCED IN THIS LITIGATION 13 A. The terms of this Order are applicable to information produced by a 14 Non-Party in this Action and designated as “CONFIDENTIAL” and/or “HIGHLY 15 16 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 17 this litigation is protected by the remedies and relief provided by this Order. 18 Nothing in these provisions should be construed as prohibiting a Non-Party from 19 20 seeking additional protections. 21 B. In the event that a Party is required, by a valid discovery request, to 22 produce a Non-Party’s confidential and/or highly confidential information in its 23 24 possession, and the Party is subject to an agreement with the Non-Party not to 25 produce the Non-Party’s confidential and/or highly confidential information, then 26 the Party shall: 27 28 1. Promptly notify in writing the Requesting Party and the Non- 2 Party that some or all of the information requested is subject to a 3 4 confidentiality agreement with a Non-Party; 5 2. Promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this Action, the relevant discovery request(s), and a 7 8 reasonably specific description of the information requested; and 9 3. Make the information requested available for inspection by the 10 Non-Party, if requested. 11 12 C. If the Non-Party fails to seek a protective order from this court within 13 14 days of receiving the notice and accompanying information, the Receiving Party 14 may produce the Non-Party’s confidential and/or highly confidential information 15 16 responsive to the discovery request. If the Non-Party timely seeks a protective 17 order, the Receiving Party shall not produce any information in its possession or 18 control that is subject to the confidentiality agreement with the Non-Party before a 19 20 determination by the court. Absent a court order to the contrary, the Non-Party 21 shall bear the burden and expense of seeking protection in this court of its Protected 22 Material. 23 24 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 26 disclosed Protected Material to any person or in any circumstance not authorized 27 28 under this Stipulated Protective Order, the Receiving Party must immediately (1) notify in writing the Designating Party of the unauthorized disclosures, (2) use its 2 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 3 4 the person or persons to whom unauthorized disclosures were made of all the terms 5 of this Order, and (4) request such person or persons to execute the 6 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit 7 8 A. 9 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 12 A. When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other 14 protection, the obligations of the Receiving Parties are those set forth in Federal 15 16 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 17 whatever procedure may be established in an e-discovery order that provides for 18 production without prior privilege review. Pursuant to Federal Rule of Evidence 19 20 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 21 of a communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the Stipulated 23 24 Protective Order submitted to the Court. 25 XIII. MISCELLANEOUS 26 A. Right to Further Relief 27 28 1. Nothing in this Order abridges the right of any person to seek its 2 modification by the Court in the future. 3 4 B. Right to Assert Other Objections 5 1. By stipulating to the entry of this Protective Order, no Party 6 waives any right it otherwise would have to object to disclosing or producing 7 8 any information or item on any ground not addressed in this Stipulated 9 Protective Order. Similarly, no Party waives any right to object on any 10 ground to use in evidence of any of the material covered by this Protective 11 12 Order. 13 C. Filing Protected Material 14 1. A Party that seeks to file under seal any Protected Material must 15 16 comply with Civil Local Rule 141. Protected Material may only be filed 17 under seal pursuant to a court order authorizing the sealing of the specific 18 Protected Material at issue. If a Party's request to file Protected Material 19 20 under seal is denied by the Court, then the Receiving Party may file the 21 information in the public record unless otherwise instructed by the Court. 22 XIV. FINAL DISPOSITION 23 24 A. After the final disposition of this Action, as defined in Section V, 25 within sixty (60) days of a written request by the Designating Party, each Receiving 26 Party must return all Protected Material to the Producing Party or destroy such 27 28 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing 2 any of the Protected Material. Notwithstanding this provision, Counsel are entitled 3 4 to retain an archival copy of all pleadings, motion papers, trial, deposition, and 5 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 6 expert reports, attorney work product, and consultant and expert work product, even 7 8 if such materials contain Protected Material. Any such archival copies that contain 9 or constitute Protected Material remain subject to this Protective Order as set forth 10 in Section V. 11 12 B. Any violation of this Order may be punished by any and all appropriate 13 measures including, without limitation, contempt proceedings and/or monetary 14 sanctions. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 I T IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

3 Dated: January 30, 2020 /s/ Zainah Alfi 4 EXCELSIS LAW, PC ZAINAH ALFI 5 C. GENEVIEVE JENKINS 6 Attorneys for Plaintiff and Counter- Defendant 7

8 Dated: January 30, 2020 /s/ Scott Commerson 9 DAVIS WRIGHT TREMAINE, LLP 10 Scott D. Commerson Rochelle L. Wilcox 11 Valerie N. Gallo 12 Attorneys for Defendants and Counter- Claimant 13 ATTESTATION 14 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby certify that the content of 15 this document is acceptable to Zainah Alfi, counsel for Plaintiff/Counter-Defendant, 16 and that I have obtained their authorization to affix their electronic signatures to this 17 document. 18

19 DATED: February 4, 2020 DAVIS WRIGHT TREMAINE, LLP 20

21 By: /s/Scott Commerson Scott R. Commerson 22

23 24 25 26 27 28 1 ORDER 2 The Court has reviewed the parties’ stipulated protective order, which comports with the relevant authorities and the Court’s applicable local rule. See L.R. 141.1(c);! see also Phillips ex Al) rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (““Generally, the 5|| public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.”) Therefore, the Court GRANTS the request subject to the following clarification. 8 It is unclear as to the parties’ intent concerning the duration of the Court’s jurisdiction over this protective order. (See, e.g., 9 9 of the stipulation, supra.) This Court’s Local Rules indicate that once this action is closed, “unless otherwise ordered, the Court will not retain jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f). Courts in the district generally do not agree to retain jurisdiction after closure of the 13]) case, and the Court will not do so here. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February 03, 2017). Based on this rationale, the Court will not retain 15}| jurisdiction over this protective order once the action is closed. Dated: February 4, 2020 17 00 AO 18 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 19 20 ' The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: 79 (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 23 nature of the information (e.g., customer list, formula for soda, diary of a troubled child); 24 (2) A showing of particularized need for protection as to each category of 25 information proposed to be covered by the order; and (3) A showing as to why the need for protection should be addressed by a court 26 order, as opposed to a private agreement between or among the parties. 27 Local Rule 141.1(c). 28 21 STIPULATED PROTECTIVE ORDER DAVIS WRIGHT TREMAINE LLP Cace No □□□□□□□□□□□□□□□□□□□□□ TOS ANGELES CALIBORNTA 90017.9566

2 SD, davi.1947 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4

5 I, [print or type full name], of 6 [print or type full address], declare under penalty of perjury that I have 7 8 read in its entirety and understand the Stipulated Protective Order that was issued 9 by the United States District Court for the Central District of California on 10 _____[DATE] in the case of Davis v. Macuhealth Distribution, Inc. Case No. 2:19- 11 12 cv-01947-WBS-KJN. I agree to comply with and to be bound by all the terms of 13 this Stipulated Protective Order and I understand and acknowledge that failure to so 14 comply could expose me to sanctions and punishment in the nature of contempt. I 15 16 solemnly promise that I will not disclose in any manner any information or item that 17 is subject to this Stipulated Protective Order to any person or entity except in strict 18 19 compliance with the provisions of this Order. 20 I further agree to submit to the jurisdiction of the United States District Court 21 for the Eastern District of California for the purpose of enforcing the terms of this 22 23 Stipulated Protective Order, even if such enforcement proceedings occur after 24 termination of this action. I hereby appoint [print or 25 type full name] of [print or type full address and 26 27 telephone number] as my California agent for service of process in connection with 28 this action or any proceedings related to enforcement of this Stipulated Protective 2 Order. 3 4 Date: 5 City and State where sworn and signed: 6 Printed Name: 7 8 Signature: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28