Miguel Gutierrez v. New Hope Harvesting, LLC

Opinion

1 Marco A. Palau, State Bar No. 242340 Joseph D. Sutton, State Bar No. 269951 2 Eric S. Trabucco, State Bar No. 295473 212 9th Street, Suite 314 4 Oakland, CA 94607 5 Telephone: (510) 269-4200 Facsimile: (310) 268-0790 6 Attorneys for MIGUEL GUTIERREZ 7 Keith A. Fink, Bar No. 146841 8 Sarah E. Hernandez, Bar No. 206305 Rosalyn P. Vasquez, Bar No. 217281 9 KEITH A. FINK & ASSOCIATES 10 1990 Bundy Drive, Suite 620 Los Angeles, California 90024 11 Telephone: (310) 268-0780 12 Facsimile: (310) 268-0790 13 Attorneys for Defendants NEW HOPE HARVESTING, LLC; GUADALUPE GASPAR; EUGENIA GASPAR MARTINEZ; ARACELI GASPAR MARTINEZ 14 16 CENTRAL DISTRICT OF CALIFORNIA 17 18 MIGUEL GUTIERREZ, Case No.: 2:19-cv-07077-FMO-AFM 19 STIPULATED PROTECTIVE 20 Plaintiff, ORDER1 vs. 21 22 NEW HOPE HARVESTING, LLC.; GUADALUPE GASPAR; EUGENIA 23 GASPAR MARTINEZ; ARACELI GASPAR GASPAR MARTINEZ; and 24 DOES 1-20; Inclusive, 25 Defendants. 26 27 1 This Stipulated Protective Order is based substantially on the model protective order provided 28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting the claims in this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery 8 and that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 13 This action is likely to involve trade secrets, customer and pricing lists and 14 other valuable research, development, commercial, financial, technical and/or 15 proprietary information for which special protection from public disclosure and from 16 use for any purpose other than prosecution of this action is warranted. Such 17 confidential and proprietary materials and information consist of, among other things, 18 confidential business or financial information, information regarding confidential 19 business practices, or other confidential research, development, or commercial 20 information (including information implicating privacy rights of third parties), 21 information otherwise generally unavailable to the public, or which may be privileged 22 or otherwise protected from disclosure under state or federal statutes, court rules, case 23 decisions, or common law. Accordingly, to expedite the flow of information, to 24 facilitate the prompt resolution of disputes over confidentiality of discovery 25 materials, to adequately protect information the parties are entitled to keep 26 confidential, to ensure that the parties are permitted reasonable necessary uses of such 27 material in preparation for and in the conduct of trial, to address their handling at the 28 end of the litigation, and serve the ends of justice, a protective order for such 1 information is justified in this matter. It is the intent of the parties that information 2 will not be designated as confidential for tactical reasons and that nothing be so 3 designated without a good faith belief that it has been maintained in a confidential, 4 non-public manner, and there is good cause why it should not be part of the public 5 record of this case. 6 9 The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information 11 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file 13 material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City and 17 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 18 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 19 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 20 cause showing), and a specific showing of good cause or compelling reasons with 21 proper evidentiary support and legal justification, must be made with respect to 22 Protected Material that a party seeks to file under seal. The parties’ mere designation 23 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 24 submission of competent evidence by declaration, establishing that the material 25 sought to be filed under seal qualifies as confidential, privileged, or otherwise 26 protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 compelling reasons, not only good cause, for the sealing must be shown, and the 1 relief sought shall be narrowly tailored to serve the specific interest to be protected. 2 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 3 item or type of information, document, or thing sought to be filed or introduced under 4 seal in connection with a dispositive motion or trial, the party seeking protection must 5 articulate compelling reasons, supported by specific facts and legal justification, for 6 the requested sealing order. Again, competent evidence supporting the application to 7 file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting only 11 the confidential, privileged, or otherwise protectable portions of the document, shall 12 be filed. Any application that seeks to file documents under seal in their entirety 13 should include an explanation of why redaction is not feasible. 14 15 2. DEFINITIONS 16 2.1 Action: Shall mean the above-entitled action, 2:19-cv-07077-FMO- 18 2.2 Challenging Party: a Party or Non-Party that challenges the designation 19 of information or items under this Order. 20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for protection 22 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 23 Cause Statement. 24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 25 support staff). 26 2.5 Designating Party: a Party or Non-Party that designates information or 27 items that it produces in disclosures or in responses to discovery as 28 “CONFIDENTIAL.” 1 2.6 Disclosure or Discovery Material: all items or information, regardless of 2 the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery in this matter. 5 2.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 an expert witness or as a consultant in this Action. 8 2.8 House Counsel: attorneys who are employees of a party to this Action. 9 House Counsel does not include Outside Counsel of Record or any other outside 10 counsel. 11 2.9 Non-Party: any natural person, partnership, corporation, association or 12 other legal entity not named as a Party to this action. 13 2.10 Outside Counsel of Record: attorneys who are not employees of a party 14 to this Action but are retained to represent or advise a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 2.11 Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 2.13 Professional Vendors: persons or entities that provide litigation support 23 services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 2.14 Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 1 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 2 from a Producing Party. 3 4 3. SCOPE 5 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 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. 10 Any use of Protected Material at trial shall be governed by the orders of the 11 trial judge. This Order does not govern the use of Protected Material at trial. 12 13 4. DURATION 14 Once a case proceeds to trial, information that was designated as 15 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 16 as an exhibit at trial becomes public and will be presumptively available to all 17 members of the public, including the press, unless compelling reasons supported by 18 specific factual findings to proceed otherwise are made to the trial judge in advance 19 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 20 showing for sealing documents produced in discovery from “compelling reasons” 21 standard when merits-related documents are part of court record). Accordingly, the 22 terms of this protective order do not extend beyond the commencement of the trial. 23 24 5. DESIGNATING PROTECTED MATERIAL 25 5.1 Exercise of Restraint and Care in Designating Material for Protection. 26 Each Party or Non-Party that designates information or items for protection under this 27 Order must take care to limit any such designation to specific material that qualifies 28 under the appropriate standards. The Designating Party must designate for protection 1 only those parts of material, documents, items or oral or written communications that 2 qualify so that other portions of the material, documents, items or communications 3 for which protection is not warranted are not swept unjustifiably within the ambit of 4 this Order. 5 Mass, indiscriminate or routinized designations are prohibited. Designations 6 that are shown to be clearly unjustified or that have been made for an improper 7 purpose (e.g., to unnecessarily encumber the case development process or to impose 8 unnecessary expenses and burdens on other parties) may expose the Designating 9 Party to sanctions. 10 If it comes to a Designating Party’s attention that information or items that it 11 designated for protection do not qualify for protection, that Designating Party must 12 promptly notify all other Parties that it is withdrawing the inapplicable designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) 25 (e.g., by making appropriate markings in the margins). 26 A Party or Non-Party that makes original documents available for inspection 27 need not designate them for protection until after the inspecting Party has indicated 28 which documents it would like copied and produced. During the inspection and 1 before the designation, all of the material made available for inspection shall be 2 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 3 it wants copied and produced, the Producing Party must determine which documents, 4 or portions thereof, qualify for protection under this Order. Then, before producing 5 the specified documents, the Producing Party must affix the “CONFIDENTIAL 6 legend” to each page that contains Protected Material. If only a portion of the 7 material on a page qualifies for protection, the Producing Party also must clearly 8 identify the protected portion(s) (e.g., by making appropriate markings in the 9 margins). 10 (b) for testimony given in depositions that the Designating Party 11 identifies the Disclosure or Discovery Material on the record, before the close of the 12 deposition all protected testimony. 13 (c) for information produced in some form other than documentary 14 and for any other tangible items, that the Producing Party affix in a prominent place 15 on the exterior of the container or containers in which the information is stored the 16 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 17 protection, the Producing Party, to the extent practicable, shall identify the protected 18 portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items does not, standing alone, waive the 21 Designating Party’s right to secure protection under this Order for such material. 22 Upon timely correction of a designation, the Receiving Party must make reasonable 23 efforts to assure that the material is treated in accordance with the provisions of this 24 Order. 25 26 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 27 28 1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 2 designation of confidentiality at any time that is consistent with the Court’s 3 Scheduling Order. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 5 resolution process under Local Rule 37-1 et seq. 6 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 7 joint stipulation pursuant to Local Rule 37-2. 8 6.4 The burden of persuasion in any such challenge proceeding shall be on 9 the Designating Party. Frivolous challenges, and those made for an improper purpose 10 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 11 expose the Challenging Party to sanctions. Unless the Designating Party has waived 12 or withdrawn the confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under the Producing 14 Party’s designation until the Court rules on the challenge. 15 16 7. ACCESS TO AND USE OF PROTECTED MATERIAL 17 7.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 Action only for prosecuting, defending or attempting to settle this Action. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the Action has been terminated, a Receiving 22 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 otherwise ordered by the court or permitted in writing by the Designating Party, a 28 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, 4 as well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) the officers, directors, and employees (including House Counsel) 7 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 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 for this Action and 15 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information 17 or a custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, witnesses, and attorneys for witnesses, in 19 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 20 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 21 will not be permitted to keep any confidential information unless they sign the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 23 agreed by the Designating Party or ordered by the court. Pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material may be 25 separately bound by the court reporter and may not be disclosed to anyone except as 26 permitted under this Stipulated Protective Order; 27 (i) any mediator or settlement officer, and their supporting personnel, 28 mutually agreed upon by any of the parties engaged in settlement discussions; and 1 (j) the employee or worker to whom the Confidential Materials 2 pertain, including wages statements, time and/or punch cards, or any paper record 3 documenting hours worked or pieces produced by that worker, documents relating to 4 that employee’s reimbursement or payment of expenses and/or costs, payroll 5 summaries specific to that employee, training records of the employee, employment 6 agreements between employee and New Hope Harvesting and the employee, and any 7 performance evaluations of that employee. 8 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such 15 notification shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or 17 order to issue in the other litigation that some or all of the material covered by the 18 subpoena or order is subject to this Protective Order. Such notification shall include a 19 copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served 23 with the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena, discovery request, or order issued, unless the Party has obtained the 26 Designating Party’s permission. The Designating Party shall bear the burden and 27 expense of seeking protection in that court of its confidential material and nothing in 28 1 these provisions should be construed as authorizing or encouraging a Receiving Party 2 in this Action to disobey a lawful directive from another court. 3 4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 (a) The terms of this Order are applicable to information produced by 7 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 8 produced by Non-Parties in connection with this litigation is protected by the 9 remedies and relief provided by this Order. Nothing in these provisions should be 10 construed as prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, 12 to produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non- 16 Party that some or all of the information requested is subject to a confidentiality 17 agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (3) make the information requested available for inspection by the 22 Non-Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court 24 within 14 days of receiving the notice and accompanying information, the Receiving 25 Party may produce the Non-Party’s confidential information responsive to the 26 discovery request. If the Non-Party timely seeks a protective order, the Receiving 27 Party shall not produce any information in its possession or control that is subject to 28 the confidentiality agreement with the Non-Party before a determination by the court. 1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 2 of seeking protection in this court of its Protected Material. 3 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 6 Protected Material to any person or in any circumstance not authorized under this 7 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 8 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 9 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 10 persons to whom unauthorized disclosures were made of all the terms of this Order, 11 and (d) request such person or persons to execute the “Acknowledgment and 12 Agreement to Be Bound” that is attached hereto as Exhibit A. 13 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 16 When a Producing Party gives notice to Receiving Parties that certain 17 inadvertently produced material is subject to a claim of privilege or other protection, 18 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 19 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 20 may be established in an e-discovery order that provides for production without prior 21 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 22 parties reach an agreement on the effect of disclosure of a communication or 23 information covered by the attorney-client privilege or work product protection, the 24 parties may incorporate their agreement in the stipulated protective order submitted to 25 the court. 26 27 12. MISCELLANEOUS 28 1 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 2 person to seek its modification by the Court in the future. 3 12.2 Right to Assert Other Objections. By stipulating to the entry of this 4 Protective Order, no Party waives any right it otherwise would have to object to 5 disclosing or producing any information or item on any ground not addressed in this 6 Stipulated Protective Order. Similarly, no Party waives any right to object on any 7 ground to use in evidence of any of the material covered by this Protective Order. 8 12.3 Filing Protected Material. A Party that seeks to file under seal any 9 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 10 only be filed under seal pursuant to a court order authorizing the sealing of the 11 specific Protected Material at issue. If a Party’s request to file Protected Material 12 under seal is denied by the court, then the Receiving Party may file the information in 13 the public record unless otherwise instructed by the court. 14 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material, if requested. 19 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 20 compilations, summaries, and any other format reproducing or capturing any of the 21 Protected Material. Whether the Protected Material is returned or destroyed, the 22 Receiving Party must submit a written certification to the Producing Party (and, if not 23 the same person or entity, to the Designating Party) by the 60 day deadline that (1) 24 identifies (by category, where appropriate) all the Protected Material that was 25 returned or destroyed and (2) affirms that the Receiving Party has not retained any 26 copies, abstracts, compilations, summaries or any other format reproducing or 27 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 28 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 1 and hearing transcripts, legal memoranda, correspondence, deposition and trial 2 exhibits, expert reports, attorney work product, and consultant and expert work 3 product, even if such materials contain Protected Material. Any such archival copies 4 that contain or constitute Protected Material remain subject to this Protective Order as 5 set forth in Section 4 (DURATION). 6 7 14. VIOLATION 8 Any violation of this Order may be punished by appropriate measures 9 including, without limitation, contempt proceedings and/or monetary sanctions. 10 \ 11 \ 12 \ 13 \ 14 \ 15 \ 16 \ 17 \ 19 20 21 Dated: April 9, 2020 KEITH A. FINK & ASSOCIATES 22 23 By: /s/ Rosalyn P. Vasquez Keith A. Fink 24 Sarah E. Hernandez Rosalyn P. Vasquez 25 Attorneys for Defendants 26 NEW HOPE HARVESTING, LLC; GUADALUPE GASPAR; EUGENIA 27 GASPAR MARTINEZ; ARACELI GASPAR Dated: April 9, 2020 ADVOCATES FOR WORKER RIGHTS LLP By: /s/ Joseph D. Sutton Marco A. Palau 4 Joseph D. Sutton Eric S. Trabucco 5 Attorneys for Plaintiff 6 7 g FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9 10 DATED: 4/13/2020 11 ™ 12 (dy Wi 13 || 14 HON. ALEXANDER F. MacKINNON 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

3 I, _____________________________, declare that: 4 I am currently employed by __________________ located at 5 ____________________and my current job title is __________________. My 6 personal residence is located at________________________________. I have read 7 and believe I understand the terms of the Protective Order filed in MIGUEL 8 GUTIERREZ v. NEW HOPE HARVESTING, LLC; GUADALUPE GASPAR; 9 EUGENIA GASPAR MARTINEZ; ARACELI GASPAR MARTINEZ, United States 10 District Court Central District of California, Case No. 2-19-CV-07077-FMO-AFM. 11 I agree to comply with and be bound by the provisions of the Protective Order. I 12 understand that any violation of the Protective Order may subject me to sanctions by 13 the Court, civil liability, criminal liability, or any combination of the above. I submit 14 myself to the jurisdiction of the United States District Court Central District of 15 California for the purpose of enforcing or otherwise providing relief relating to the 16 Protective Order. I agree to abide by the terms set forth as follows: 17 I have been designated in accordance with Paragraphs 7(c), (g) or (h) of the 18 Protective Order to receive information designated as “CONFIDENTIAL.” I shall not 19 divulge any materials, or copies of materials, which are designated 20 “CONFIDENTIAL” obtained in accordance with the Protective Order, or the 21 contents of such materials, to any person other than those specifically authorized by 22 the Protective Order. I shall not copy or use such materials except for the purposes of 23 this Litigation and in accordance with the terms of the Protective Order. As soon as is 24 practical, but no later than thirty (30) days after final termination of this litigation, I 25 shall return any materials in my possession designated “CONFIDENTIAL” to the 26 attorney from whom I received such materials. I shall also return to that attorney, at 27 that time, all copies, excerpts, summaries, notes, digests, abstracts, and indices 28 relating to such materials. 1 I declare under penalty of perjury under the laws of the State of California that 2 the foregoing is true and correct. 3 Dated: Signature:_____________________ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28