1 David J. Jordan (UT #1751, admitted pro hac vice) Email: david.jordan@stoel.com 2 R. Chad Pugh (UT #14035, admitted pro hac vice) Email: chad.pugh@stoel.com 3 Tanner B. Camp (CA #321716) Email: tanner.camp@stoel.com 201 S. Main Street, Suite 1100 5 Salt Lake City, UT 84111 Telephone: (801) 328-3131 6 Bryan L. Hawkins (CA #238346) 7 Email: bryan.hawkins@stoel.com STOEL RIVES LLP 8 500 Capitol Mall, Suite 1600 Sacramento, CA 95814 9 Telephone: (916) 447-0700 10 Attorneys for Defendant Bonneville International Corporation 11 14 GRANT NAPEAR, 15 No. 2:21-cv-01956-KJM-DB Plaintiff, 16 STIPULATED PROTECTIVE ORDER V. 17 BONNEVILLE INTERNATIONAL 18 CORPORATION, a Utah corporation; and DOES 1 through 50, inclusive, 19 Defendants. 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER -l- 2:21-CV-01956-KJM-D.
1 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and for good cause, 2 IT IS HEREBY ORDERED THAT: 3 1. Scope of Protection 4 This Stipulated Protective Order (“Protective Order”) shall govern any record of 5 || information produced in this action and designated pursuant to this Protective Order, including all 6 || designated deposition testimony, all designated testimony taken at a hearing or other proceeding, 7 || all designated deposition exhibits, interrogatory answers, admissions, documents and other 8 || discovery materials, whether produced informally or in response to interrogatories, requests for 9 || admissions, requests for production of documents or other formal methods of discovery. 10 This Protective Order shall also govern any designated record of information produced in 11 || this action pursuant to required disclosures under any federal procedural rule or local rule of the 12 || Court and any supplementary disclosures thereto. 13 This Protective Order shall apply to the parties and to any nonparty from whom discovery 14 || may be sought who desires the protection of this Protective Order. 15 Nonparties may challenge the confidentiality of the protected information by filing a motion 16 || to intervene and a motion to de-designate. 17 2. Definitions 18 (a) The term PROTECTED INFORMATION shall mean confidential or 19 || proprietary technical, scientific, financial, business, health, or medical information designated as 20 || such by the producing party. 21 (b) The term CONFIDENTIAL INFORMATION — ATTORNEYS EYES 22 || ONLY, shall mean PROTECTED INFORMATION that is so designated by the producing party. 23 || The designation CONFIDENTIAL — ATTORNEYS EYES ONLY may be used only for the 24 || following types of past, current, or future PROTECTED INFORMATION: (1) sensitive 25 || technical information, including current research, development and manufacturing information 26 || and patent prosecution information, (2) sensitive business information, including highly sensitive 27 || financial or marketing information and the identity of suppliers, distributors and potential or 28 || actual customers, (3) competitive technical information, including technical analyses or STIPULATED PROTECTIVE ORDER -2- 2:21-CV-01956-KJM-D
1 || comparisons of competitor’s products, (4) competitive business information, including non-public 2 || financial or marketing analyses or comparisons of competitor’s products and strategic product 3 || planning, or (5) any other PROTECTED INFORMATION the disclosure of which to non- 4 || qualified people subject to this Protective Order the producing party reasonably and in good faith 5 || believes would likely cause harm. 6 (c) The term CONFIDENTIAL INFORMATION shall mean all 7 || PROTECTED INFORMATION that is not designated as “CONFIDENTIAL —- ATTORNEYS 8 || EYES ONLY” information. 9 (d) For entities covered by the Health Insurance Portability and Accountability 10 || Act of 1996 (“HIPAA”), the term CONFIDENTIAL INFORMATION shall include Confidential 11 || Health Information. Confidential Health Information shall mean information supplied in any 12 || form, or any portion thereof, that identifies an individual or subscriber in any manner and relates 13 || to the past, present, or future care, services, or supplies relating to the physical or mental health or 14 || condition of such individual or subscriber, the provision of health care to such individual or 15 || subscriber, or the past, present, or future payment for the provision of health care to such 16 || individual or subscriber. Confidential Health Information includes claim data, claim forms, 17 || grievances, appeals, or other documents or records that contain any patient health information 18 || required to be kept confidential under any state or federal law, including 45 C.F.R. Parts 160 and 19 || 164 promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (see 20 || 45 C.F.R. §§ 164.501 & 160.103), and the following subscriber, patient, or member identifiers: 21 (1) names; 22 (2) all geographic subdivisions smaller than a State, including street 23 address, city, county, precinct, and zip code; 24 (3) all elements of dates (except year) for dates directly related to an 25 individual, including birth date, admission date, discharge date, age, 26 and date of death; 27 (4) telephone numbers; 28 (5) fax numbers; STIPULATED PROTECTIVE ORDER -3- 2:21-CV-01956-KJM-D
1 (6) electronic mail addresses; 2 (7) social security numbers; 3 (8) medical record numbers; 4 (9) health plan beneficiary numbers; 5 (10) account numbers; 6 (11) _ certificate/license numbers; 7 (12) vehicle identifiers and serial numbers, including license plate 8 numbers; 9 (13) device identifiers and serial numbers; 10 (14) web universal resource locators (“URLs”); 11 (15) internet protocol (“IP”) address numbers; 12 (16) biometric identifiers, including finger and voice prints; 13 (17) full face photographic images and any comparable images; 14 and/or any other unique identifying number, characteristic, 15 or code. 16 (e) The term TECHNICAL ADVISOR shall refer to any person who is not a 17 || party to this action and/or not presently employed by the receiving party or a company affiliated 18 || through common ownership, who has been designated by the receiving party to receive another 19 || party’s PROTECTED INFORMATION, including CONFIDENTIAL INFORMATION — 20 || ATTORNEYS EYES ONLY, and CONFIDENTIAL INFORMATION. Each party’s 21 || TECHNICAL ADVISORS shall be limited to such person as, in the judgment of that party’s 22 || counsel, are reasonably necessary for development and presentation of that party’s case. These 23 || persons include outside experts or consultants retained to provide technical or other expert 24 || services such as expert testimony or otherwise assist in trial preparation. 25 3. Disclosure Agreements 26 (a) Each receiving party’s TECHNICAL ADVISOR shall sign a disclosure 27 || agreement in the form attached hereto as Exhibit A (“Disclosure Agreement”). Copies of the 28 || Disclosure Agreement signed by any person or entity to whom PROTECTED INFORMATION is STIPULATED PROTECTIVE ORDER -4- 2:21-CV-01956-KJM-D
1 || disclosed shall be provided to the other party promptly after execution by email. No disclosures 2 || shall be made to a TECHNICAL ADVISOR until seven (7) days after the executed Disclosure 3 || Agreement is served on the other party. 4 (b) Before any PROTECTED INFORMATION is disclosed to outside 5 || TECHNICAL ADVISORS, the following information must be provided in writing to the 6 || producing party and received no less than seven (7) days before the intended date of disclosure to 7 || that outside TECHNICAL ADVISOR: the identity of that outside TECHNICAL ADVISOR, 8 || business address and/or affiliation and a current curriculum vitae of the TECHNICAL 9 || ADVISOR, and, if not contained in the TECHNICAL ADVISOR’s curriculum vitae, a brief 10 || description, including education, present and past employment and general areas of expertise of 11 || the TECHNICAL ADVISOR. If the producing party objects to disclosure of PROTECTED 12 || INFORMATION to an outside TECHNICAL ADVISOR, the producing party shall within seven 13 || (7) days of receipt serve written objections identifying the specific basis for the objection, and 14 || particularly identifying all information to which disclosure is objected. Failure to object within 15 || seven (7) days shall authorize the disclosure of PROTECTED INFORMATION to the 16 || TECHNICAL ADVISOR. As to any objections, the parties shall attempt in good faith to 17 || promptly resolve any objections informally. If the objections cannot be resolved, the party 18 || seeking to prevent disclosure of the PROTECTED INFORMATION to the expert shall move 19 || within seven (7) days for an Order of the Court preventing the disclosure. The burden of proving 20 || that the designation is proper shall be upon the producing party. If no such motion is made within 21 || seven (7) days, disclosure to the TECHNICAL ADVISOR shall be permitted. In the event that 22 || objections are made and not resolved informally and a motion is filed, disclosure of 23 || PROTECTED INFORMATION to the TECHNICAL ADVISOR shall not be made except by 24 || Order of the Court. 25 (c) Any disclosure agreement executed by any person affiliated with a party 26 || shall be provided to any other party who, based upon a good faith belief that there has been a 27 || violation of this order, requests a copy. 28 STIPULATED PROTECTIVE ORDER -5- 2:21-CV-01956-KJM-D
1 (d) No party shall attempt to depose any TECHNICAL ADVISOR until such 2 || time as the TECHNICAL ADVISOR 1s designated by the party engaging the TECHNICAL 3 || ADVISOR as a testifying expert. Notwithstanding the preceding sentence, any party may depose 4 || a TECHNICAL ADVISOR as a fact witness provided that the party seeking such deposition has a 5 || good faith, demonstrable basis independent of the Disclosure Agreement or the information 6 || provided under subparagraph (a) above that such person possesses facts relevant to this action, or 7 || facts likely to lead to the discovery of admissible evidence; however, such deposition, if it 8 || precedes the designation of such person by the engaging party as a testifying expert, shall not 9 || include any questions regarding the scope or subject matter of the engagement. In addition, if the 10 || engaging party chooses not to designate the TECHNICAL ADVISOR as a testifying expert, the 11 || non-engaging party shall be barred from seeking discovery or trial testimony as to the scope or 12 || subject matter of the engagement. 13 4. Designation of Information 14 (a) Documents and things produced or furnished during the course of this 15 || action shall be designated as containing CONFIDENTIAL INFORMATION, by placing on each 16 || page, each document (whether in paper or electronic form), or each thing a legend substantially as 17 || follows: 19 (b) Documents and things produced or furnished during the course of this 20 || action shall be designated as containing information which is CONFIDENTIAL INFORMATION 21 || -ATTORNEYS EYES ONLY by placing on each page, each document (whether in paper or 22 || electronic form), or each thing a legend substantially as follows: 23 CONFIDENTIAL INFORMATION —- ATTORNEYS EYES ONLY 24 (c) During discovery, a producing party shall have the option to require that all 25 || or batches of materials be treated as containing CONFIDENTIAL INFORMATION — 26 || ATTORNEYS EYES ONLY during inspection and to make its designation as to particular 27 || documents and things at the time copies of documents and things are furnished. 28 STIPULATED PROTECTIVE ORDER -6- 2:21-CV-01956-KJM-D
1 (d) A party may designate information disclosed at a deposition as 2 || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 3 || EYES ONLY by requesting the reporter to so designate the transcript at the time of the 4 || deposition. 5 (e) A producing party shall designate its discovery responses, responses to 6 || requests for admission, briefs, memoranda, and all other papers sent to the court or to opposing 7 || counsel as containng CONFIDENTIAL INFORMATION or CONFIDENTIAL 8 || INFORMATION — ATTORNEYS EYES ONLY when such papers are served or sent. 9 (f) A party shall designate information disclosed at a hearing or trial as 10 || CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION — ATTORNEYS 11 || EYES ONLY by requesting the court, at the time the information is proffered or adduced, to 12 || receive the information only in the presence of those persons designated to receive such 13 || information and court personnel, and to designate the transcript appropriately. 14 (g) The parties will use reasonable care to avoid designating any documents or 15 || information as CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION — 16 || ATTORNEYS EYES ONLY that is not entitled to such designation or which is generally 17 || available to the public. The parties shall designate only that part of a document or deposition that 18 || is CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 19 || EYES ONLY, rather than the entire document or deposition. For example, if a party claims that a 20 || document contains pricing information that is CONFIDENTIAL — ATTORNEYS EYES ONLY, 21 || the party will designate only that part of the document setting forth the specific pricing 22 || information as ATTORNEYS EYES ONLY, rather than the entire document. 23 (h) In multi-party cases, Plaintiffs and/or Defendants shall further be able to 24 || designate documents as CONFIDENTIAL INFORMATION — NOT TO BE DISCLOSED TO 25 || OTHER PLAINTIFFS or CONFIDENTIAL INFORMATION — NOT TO BE DISCLOSED TO 26 || OTHER DEFENDANTS for documents that shall not be disclosed to other parties. 27 28 STIPULATED PROTECTIVE ORDER -7- 2:21-CV-01956-KJM-D
1 5. Disclosure and Use of Confidential Information 2 Information that has been designated CONFIDENTIAL INFORMATION or as 3 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY shall be disclosed by the 4 || receiving party only to Qualified Recipients. All Qualified Recipients shall hold such 5 || information received from the disclosing party in confidence, shall use the information only for 6 || purposes of this action and for no other action, and shall not use it for any business or other 7 || commercial purpose, and shall not use it for filing or prosecuting any patent application (of any 8 || type) or patent reissue or reexamination request, and shall not disclose it to any person, except as 9 || hereinafter provided. All information that has been designated CONFIDENTIAL 10 || INFORMATION or as CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY shall 11 || be carefully maintained so as to preclude access by persons who are not qualified to receive such 12 || information under the terms of this Order. 13 In multi-party cases, documents designated as CONFIDENTIAL INFORMATION — NOT 14 || TO BE DISCLOSED TO OTHER PLAINTIFFS or CONFIDENTIAL INFORMATION — NOT 15 || TO BE DISCLOSED TO OTHER DEFENDANTS shall not be disclosed to other plaintiffs 16 || and/or defendants. 17 6. Qualified Recipients 18 For purposes of this Order, “Qualified Recipient” means 19 (a) For CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY: 20 (1) Outside counsel of record for the parties in this action, and the 21 || partners, associates, secretaries, paralegal assistants, and employees of such counsel to the extent 22 || reasonably necessary to render professional services in the action, outside copying services, 23 || document management services and graphic services; 24 (2) Court officials involved in this action (including court reporters, 25 || persons operating video recording equipment at depositions, and any special master appointed by 26 || the Court); 27 (3) Any person designated by the Court in the interest of justice, upon 28 || such terms as the Court may deem proper; STIPULATED PROTECTIVE ORDER -8- 2:21-CV-01956-KJM-D
1 (4) Any outside TECHNICAL ADVISOR employed by the outside 2 || counsel of record, subject to the requirements in Paragraph 3 above; 3 (5) Any witness during the course of discovery, so long as it is stated 4 || on the face of each document designated CONFIDENTIAL INFORMATION — ATTORNEYS 5 || EYES ONLY being disclosed that the witness to whom a party is seeking to disclose the 6 || document was either an author, recipient, or otherwise involved in the creation of the document. 7 || Where it is not stated on the face of the confidential document being disclosed that the witness to 8 || whom a party is seeking to disclose the document was either an author, recipient, or otherwise 9 || involved in the creation of the document, the party seeking disclosure may nonetheless disclose 10 || the confidential document to the witness, provided that: (i) the party seeking disclosure has a 11 || reasonable basis for believing that the witness in fact received or reviewed the document, (11) the 12 || party seeking disclosure provides advance notice to the party that produced the document, and 13 || (ai) the party that produced the document does not inform the party seeking disclosure that the 14 || person to whom the party intends to disclose the document did not in fact receive or review the 15 || documents. Nothing herein shall prevent disclosure at a deposition of a document designated 16 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY to the officers, directors, and 17 || managerial level employees of the party producing such CONFIDENTIAL INFORMATION — 18 || ATTORNEYS EYES ONLY, or to any employee of such party who has access to such 19 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY in the ordinary course of 20 || such employee’s employment; and 21 (6) Any designated arbitrator or mediator who is assigned to hear this 22 || matter, or who has been selected by the parties, and his or her staff, provided that such individuals 23 || agree in writing, pursuant to the Disclosure Agreement, to be bound by the terms of this Order. 24 (b) FOR CONFIDENTIAL INFORMATION: 25 (1) Those persons listed in paragraph 6(a); 26 (2) In-house counsel for a party to this action who are acting in a legal 27 || capacity and who are actively engaged in the conduct of this action, and the secretary and 28 || paralegal assistants of such counsel to the extent reasonably necessary; STIPULATED PROTECTIVE ORDER -9- 2:21-CV-01956-KJM-D
1 (3) The insurer of a party to litigation and employees of such insurer to 2 || the extent reasonably necessary to assist the party’s counsel to afford the insurer an opportunity to 3 || investigate and evaluate the claim for purposes of determining coverage and for settlement 4 || purposes; and 5 (4) A party to this action and representatives, officers, or employees of 6 || a party as necessary to assist outside counsel with this litigation. 7 7. Use of Protected Information 8 (a) In the event that any receiving party’s briefs, memoranda, discovery 9 || requests, requests for admission, or other papers of any kind that are served or filed include 10 || another party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — 11 || ATTORNEYS EYES ONLY, the papers must be appropriately designated pursuant to paragraphs 12 || 4(a) and (b) and governed by Local Rules 140 and 141. 13 (b) All documents, including attorney notes and abstracts, that contain another 14 || party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — 15 || ATTORNEYS EYES ONLY, shall be handled as if they were designated pursuant to paragraph 16 || 4(a) or (b). 17 (c) Documents, papers, and transcripts that are filed with the court and contain 18 || any other party’s CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — 19 || ATTORNEYS EYES ONLY shall be filed in accordance with Local Rules 140 and 141. 20 (d) To the extent that documents are reviewed by a receiving party prior to 21 || production, any knowledge learned during the review process will be treated by the receiving 22 || party as CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY until such time as 23 || the documents have been produced, at which time any stamped classification will control. No 24 || photograph or any other means of duplication, including but not limited to electronic means, of 25 || materials provided for review prior to production is permitted before the documents are produced 26 || with the appropriate stamped classification. 27 (e) In the event that any question is asked at a deposition with respect to which 28 || a party asserts that the answer requires the disclosure of CONFIDENTIAL INFORMATION or STIPULATED PROTECTIVE ORDER -10- 2:21-CV-01956-KJM-D
1 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY, such question shall 2 || nonetheless be answered by the witness fully and completely. Prior to answering, however, all 3 || persons present shall be advised of this Order by the party making the confidentiality assertion 4 || and, in the case of information designated as CONFIDENTIAL INFORMATION — 5 || ATTORNEYS EYES ONLY at the request of such party, all persons who are not allowed to 6 || obtain such information pursuant to this Order, other than the witness, shall leave the room during 7 || the time in which this information is disclosed or discussed. 8 (f) Nothing in this Protective Order shall bar or otherwise restrict outside 9 || counsel from rendering advice to his or her client who 1s a party in this action and, in the course 10 || thereof, from relying in a general way upon his or her examination of materials designated 11 || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 12 || EYES ONLY, provided, however, that in rendering such advice and in otherwise communicating 13 || with his or her client, such counsel shall not disclose the specific contents of any materials 14 || designated CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY. 15 8. Inadvertent Failure to Designate 16 (a) In the event that a producing party inadvertently fails to designate any of its 17 || information pursuant to paragraph 4, it may later designate by notifying the receiving parties in 18 || writing. The receiving parties shall take reasonable steps to see that the information is thereafter 19 || treated in accordance with the designation. 20 (b) It shall be understood however, that no person or party shall incur any 21 || liability hereunder with respect to disclosure that occurred prior to receipt of written notice of a 22 || belated designation. 23 9, Challenge to Designation 24 (a) Any receiving party may challenge a producing party’s designation at any 25 || time. A failure of any party to expressly challenge a claim of confidentiality or any document 26 || designation shall not constitute a waiver of the right to assert at any subsequent time that the same 27 || 1s not in-fact confidential or not an appropriate designation for any reason. 28 STIPULATED PROTECTIVE ORDER -11- 2:21-CV-01956-KJM-D
1 (b) Any receiving party may disagree with the designation of any information 2 || received from the producing party as CONFIDENTIAL INFORMATION or CONFIDENTIAL 3 || INFORMATION — ATTORNEYS EYES ONLY. In that case, any receiving party desiring to 4 || disclose or to permit inspection of the same otherwise than is permitted in this Order, may request 5 || the producing party in writing to change the designation of a document or documents, stating with 6 || particularity the reasons for that request, and specifying the category to which the challenged 7 || document(s) should be de-designated The producing party shall then have seven (7) days from 8 || the date of service of the request to: 9 (1) advise the receiving parties whether or not it persists in such 10 designation; and 11 (11) if it persists in the designation, to explain the reason for the 12 particular designation and to state its intent to seek a protective 13 order or any other order to maintain the designation. 14 (c) If no response is made within seven (7) days after service of the request 15 || under subparagraph (b), the information will be de-designated to the category requested by the 16 || receiving party. If, however, the request under subparagraph (b) above is responded to under 17 || subparagraph (b)(1) and (11), within seven (7) days the producing party may then move the court 18 || for a protective order or any other order to maintain the designation. The burden of proving that 19 || the designation is proper shall be upon the producing party. such motion is made within 20 || seven (7) days after the statement to seek an order under subparagraph (b)(i1), the information 21 || will be de-designated to the category requested by the receiving party. In the event objections are 22 || made and not resolved informally and a motion is filed, disclosure of information shall not be 23 || made until the issue has been resolved by the Court (or to any limited extent upon which the 24 || parties may agree). 25 No party shall be obligated to challenge the propriety of any designation when made, and 26 || failure to do so shall not preclude a subsequent challenge to the propriety of such designation. 27 28 STIPULATED PROTECTIVE ORDER -12- 2:21-CV-01956-KJM-D
1 (d) With respect to requests and applications to remove or change a 2 || designation, information shall not be considered confidential or proprietary to the producing party 3 if: 4 (1) the information in question has become available to the public 5 through no violation of this Order; or 6 (1) the information was known to any receiving party prior to its 7 receipt from the producing party; or 8 (ii) information was received by any receiving party without 9 restrictions on disclosure from a third party having the right to 10 make such a disclosure. 11 10. Production of Privileged Documents, Inadvertent or Otherwise 12 (a) The production or disclosure of an attorney-client, work-product, or other 13 || privileged or protected document shall not be deemed a waiver of the attorney-client privilege, 14 || work-product protection, or other protection or immunity from discovery by the producing or 15 || protected party in this or any subsequent state or federal proceeding pursuant to Federal Rule of 16 || Evidence 502 regardless of the circumstances of disclosure, whether inadvertent or otherwise. 17 (b) If a party produces or provides discovery that it believes is subject to a 18 || claim of attorney-client privilege, attorney work product, or other privilege the producing party 19 || may give written notice to the receiving party that the document or thing is subject to a claim of 20 || attorney-client privilege, attorney work product, or other privilege and request that the document 21 || or thing be returned to the producing party. The receiving party shall return to the producing party 22 || such document or thing. Return of the document or thing shall not constitute an admission or 23 || concession, or permit any inference, that the returned document or thing is, in fact, properly 24 || subject to a claim of attorney-client privilege, attorney work product, or other privilege, nor shall 25 || it foreclose any party from moving the Court pursuant to Fed. R. Civ. P. 26(b)(5) and Fed. R. 26 || Evid. 502 for an Order that such document or thing has been properly designated or should be 27 || produced. 28 STIPULATED PROTECTIVE ORDER -]3- 2:21-CV-01956-KJM-D
1 (c) Moreover, if any party becomes aware of the production or disclosure of 2 || privileged or protected documents by any other party, that party shall provide written notice of 3 || such production or disclosure within thirty (30) days of learning of the production or disclosure. 4 (d) This Order shall be interpreted to provide the maximum protection allowed 5 || by Federal Rule of Evidence 502(d). 6 11. Inadvertent Disclosure of Protected Information 7 In the event of an inadvertent disclosure of another party’s CONFIDENTIAL 8 || INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY to a 9 || non-Qualified Recipient, the party making the inadvertent disclosure shall promptly upon 10 || learning of the disclosure: (1) notify the person to whom the disclosure was made that it contains 11 || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 12 || EYES ONLY subject to this Order; (11) make all reasonable efforts to preclude dissemination or 13 || use of the CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — 14 || ATTORNEYS EYES ONLY by the person to whom disclosure was inadvertently made 15 || including, but not limited to, obtaining all copies of such materials from the non-Qualified 16 || Recipient; and (111) notify the producing party of the identity of the person to whom the disclosure 17 || was made, the circumstances surrounding the disclosure, and the steps taken to ensure against the 18 || dissemination or use of the information. 19 12. Limitation 20 This Order shall be without prejudice to any party’s right to assert at any time that any 21 || particular information or document is or 1s not subject to discovery, production or admissibility 22 || on the grounds other than confidentiality. 23 13. Conclusion of Action 24 (a) At the conclusion of this action, including through all appeals, each party 25 || or other person subject to the terms hereof shall be under an obligation to destroy or return to the 26 || producing party all materials and documents containing CONFIDENTIAL INFORMATION or 27 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY and to certify to the 28 STIPULATED PROTECTIVE ORDER -14- 2:21-CV-01956-KJM-D
1 || producing party such destruction or return. Such return or destruction shall not relieve said 2 || parties or persons from any of the continuing obligations imposed upon them by this Order. 3 (b) After this action, trial counsel for each party may retain one archive copy 4 || of all documents and discovery material even if they contain or reflect another party’s 5 || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 6 || EYES ONLY. Trial counsel’s archive copy shall remain subject to all obligations of this Order. 7 (c) The provisions of this paragraph shall not be binding on the United States, 8 || any insurance company, or any other party to the extent that such provisions conflict with 9 || applicable Federal or State law. The Department of Justice, any insurance company, or any other 10 || party shall notify the producing party in writing of any such conflict it identifies in connection 11 || with a particular matter so that such matter can be resolved either by the parties or by the Court. 12 14. — Production by Third Parties Pursuant to Subpoena 13 Any third party producing documents or things or giving testimony in this action pursuant 14 || to asubpoena, notice or request may designate said documents, things, or testimony as 15 || CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — ATTORNEYS 16 || EYES ONLY. The parties agree that they will treat CONFIDENTIAL INFORMATION or 17 || CONFIDENTIAL INFORMATION — ATTORNEYS EYES ONLY produced by third parties 18 || according to the terms of this Order. 19 15. Compulsory Disclosure to Third Parties 20 If any receiving party is subpoenaed in another action or proceeding or served with a 21 || document or testimony demand or a court order, and such subpoena or demand or court order 22 || seeks CONFIDENTIAL INFORMATION or CONFIDENTIAL INFORMATION — 23 || ATTORNEYS EYES ONLY of a producing party, the receiving party shall give prompt written 24 || notice to counsel for the producing party and allow the producing party an opportunity to oppose 25 || such subpoena or demand or court order prior to the deadline for complying with the subpoena or 26 || demand or court order. No compulsory disclosure to third parties of information or material 27 || exchanged under this Order shall be deemed a waiver of any claim of confidentiality, except as 28 || expressly found by a court or judicial authority of competent jurisdiction. STIPULATED PROTECTIVE ORDER -15- 2:21-CV-01956-KJM-D
1 16. Jurisdiction to Enforce Protective Order 2 After the termination of this action, the Court will continue to have jurisdiction to enforce 3 || this Order. 4 17. Modification of Protective Order 5 This Order is without prejudice to the right of any person or entity to seek a modification 6 || of this Order at any time either through stipulation or Order of the Court. 7 18. Confidentiality of Party’s Own Documents 8 Nothing herein shall affect the right of the designating party to disclose to its officers, 9 || directors, employees, attorneys, consultants or experts, or to any other person, its own 10 || information. Such disclosure shall not waive the protections of this Protective Order and shall not 11 || entitle other parties or their attorneys to disclose such information in violation of it, unless by 12 || such disclosure of the designating party the information becomes public knowledge. Similarly, 13 || the Protective Order shall not preclude a party from showing its own information, including its 14 || own information that is filed under seal by a party, to its officers, directors, employees, attorneys, 15 || consultants or experts, or to any other person. 16 17 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 DATED: February 9, 2022. STOEL RIVES LLP /s/ Tanner B. Camp 20 David J. Jordan R. Chad Pugh 21 Bryan L. Hawkins Tanner B. Camp 22 Attorneys for Defendant Bonneville International 23 Corporation 24 DATED: February 9, 2022. RUGGLES LAW FIRM 25 /s/ Matthew J. Ruggles (as authorized on 2/8/2022) 26 Matthew J. Ruggles 27 Attorneys Plaintiff Grant Napear 28 STIPULATED PROTECTIVE ORDER -16- 2:21-CV-01956-KJM-D)
2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 || decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 || pursuant to this order does not automatically entitle the parties to file such a document with the 8 || court under seal. Parties are advised that any request to seal documents in this district is governed 9 || by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 || written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 || mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 || that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 || the requested duration, the identity, by name or category, of persons to be permitted access to the 14 || document, and all relevant information.” L.R. 141(b). 15 3. A request to seal material must normally meet the high threshold of showing that 16 || “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 || related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 || Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); 19 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 21 || certain documents, at any court hearing or trial — such determinations will only be made by the 22 || court at the hearing or trial, or upon an appropriate motion. 23 5. With respect to motions regarding any disputes concerning this protective order which 24 || the parties cannot informally resolve, the parties shall follow the procedures outlined in Local 25 || Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex 26 || parte basis or on shortened time. 27 28 STIPULATED PROTECTIVE ORDER -|7- 2:21-CV-01956-KJM-D
1 6. The parties may not modify the terms of this Protective Order without the court’s 2 || approval. Ifthe parties agree to a potential modification, they shall submit a stipulation and 3 || proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 || of the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 || hereby DISAPPROVED. 8 || DATED: February 9, 2022 /s| DEBORAH BARNES 9 UNITED STATES MAGISTRATE JUDGE
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EASTERN DISTRICT OF CALIFORNIA
3 GRANT NAPEAR, Case No. 2:21-cv-01956-KJM-DB 4 Plaintiff, DISCLOSURE AGREEMENT 5 Vv. Judge Kimberly J. Mueller CORPORATION, a Utah corporation; and 7 DOES 1 through 50, inclusive, g Defendants. 9 10 1 I, , am employed by . Inconnection 12 with this action, I am: 13 a director, officer or employee of who 1s directly 14 assisting 1n this action; 15 have been retained to furnish technical or other expert services or to give 16 testimony (a "TECHNICAL ADVISOR"); 17 Other Qualified Recipient (as defined in the Protective Order) 18 (Describe: ). 19 I have read, understand and agree to comply with and be bound by the terms of the 99 || Stipulated Protective Order (“Protective Order”) in the matter of 1 , Civil Action No. , pending in 97 || the United States District Court for the Eastern District of California. I further state that the 93 || Protective Order entered by the Court, a copy of which has been given to me and which I have 94 || read, prohibits me from using any PROTECTED INFORMATION, including documents, for any 5 || purpose not appropriate or necessary to my participation in this action or disclosing such 6 || documents or information to any person not entitled to receive them under the terms of the 97 || Protective Order. To the extent I have been given access to PROTECTED INFORMATION, I g || will not in any way disclose, discuss, or exhibit such information except to those persons whom I STIPULATED PROTECTIVE ORDER -20- 2:21-CV-01956-KJM-D
1 || know (a) are authorized under the Protective Order to have access to such information, and (b) 2 || have executed a Disclosure Agreement. I will return, on request, all materials containing 3 || PROTECTED INFORMATION, copies thereof and notes that I have prepared relating thereto, to 4 || counsel for the party with whom I am associated. I agree to be bound by the Protective Order in 5 || every aspect and to be subject to the jurisdiction of the United States District Court for the 6 || Eastern District of California for purposes of its enforcement and the enforcement of my 7 || obligations under this Disclosure Agreement. I declare under penalty of perjury that the 8 || foregoing ts true and correct. 9 10 Signed by Recipient 12 Name (pnnted) SO 13 Date: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER -21- 2:21-CV-01956-KJM-D
2 I hereby certify that on February 9, 2022, a copy of the foregoing was served via ECF 3 || Court Filing upon the following: 4 Matthew J. Ruggles RUGGLES LAW FIRM 5 7940 California Avenue Fair Oaks, CA 95628 6 mruggles@ruggleslawfirm.com 7 Attorneys for Plaintiff Grant Napear 8 9 /s/ Nedra Wright Loyola □□□ 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER -22- 2:21-CV-01956-KJM-D)