1 JILL P. TELFER, State Bar No. 145450

LAW OFFICES OF JILL P. TELFER

2 A Professional Corporation 331 J Street, Suite 200 3 Sacramento, California 95814 Telephone: (916) 446-1916 4 Facsimile: (916) 446-1726 E-mail: jtelfer@telferlaw.com 5 Attorneys for Plaintiff

JAMES DENTON

6 7 LEWIS BRISBOIS BISGAARD & SMITH LLP

MARCUS LEE, SB# 281886

8 E-Mail: Marcus.Lee@lewisbrisbois.com

MANA ETTEFAGH, SB# 304381

9 E-Mail: Mana.Ettefagh@lewisbrisbois.com 333 Bush Street, Suite 1100 10 San Francisco, California 94104-2872 Telephone: 415.362.2580 11 Facsimile: 415.434.0882 12 Attorneys for Defendant

JENSEN ENTERPRISES, INC.

13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16

17 JAMES DENTON, Case No. 2:20-CV-01555-KJM-KJN 18 Plaintiff, STIPULATED PROTECTIVE

ORDER

19 v. 20 JENSEN ENTERPRISES, INC., dba Trial Date: None Set JENSEN PRECAST, and DOES 1 through 21 20, inclusive, 22 Defendants, 23

24 25 I. INTRODUCTION 26 WHEREAS, Plaintiff James Denton (Plaintiff) and Defendant Jensen Enterprises, Inc., 27 dba Jensen Precast ("Defendant"), and Plaintiff and Defendant referred to jointly as the "Parties", 28 in good faith believe that certain discoverable documents and deposition testimony in the above- 1 referenced case contains information that is (a) confidential, sensitive, or potentially invasive of an 2 individual's privacy interests; (b) not generally known; and/or (c) not normally revealed to the 3 public or third parties or, if disclosed to third parties, would require such third parties to maintain 4 the information in confidence. 5 1. PURPOSES, LIMITATIONS, AND GOOD CAUSE STATEMENT 6 Disclosure and discovery activity in this action are likely to involve production of private 7 information for which special protection from public disclosure and from use for any purpose 8 other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate 9 to and petition the court to enter the following Stipulate Protective Order. 10 The parties acknowledge that this Stipulated Protective Order does not confer blanket 11 protections on all disclosures or responses to discovery and that the protection it affords from 12 public disclosure and use extends only to the limited information or items that are entitled to 13 confidential treatment under the applicable legal principles. The parties further acknowledge that 14 this Stipulated Protective Order does not entitle them to file confidential information under seal; 15 Civil Local Rule 141 sets forth procedures that must be followed and the standards that will be 16 applied when a party seeks permission from the court to file material under seal. 17 This action may involve private personnel information regarding non-parties, as well as 18 trade secrets or competitively sensitive confidential and/or proprietary information regarding 19 Defendant's business and operations, including but not limited to, confidential business or 20 financial information; information regarding confidential business practices, or other confidential 21 research, development, or commercial information (including information implicating privacy 22 rights of third parties); and proprietary information that would otherwise not generally be 23 available to the public, or which may be privileged or otherwise protected from disclosure under 24 applicable laws. 25 Accordingly, to expedite the flow of information, facilitate the prompt resolution of 26 disputes over confidentiality of discovery materials, to adequately protect information the parties 27 are entitled to keep confidential, to address their handling at the end of litigation, and serve the 28 ends of justice, a protective order for such information is justified. It is the intent of the parties 1 that information will not be designated confidential for tactical reasons and that nothing be so 2 designated without a good faith belief that it has been maintained in a confidential, non-public 3 manner and there is good cause why it should not be part of the public record in this case. 4 II. STIPULATION 5 1. Agreement to Be Bound. The Parties stipulate and agree that access to and use of 6 Confidential Information, as defined herein, shall be governed by the provisions of this 7 Stipulated Protective Order and shall apply to all copies, extracts, and summaries of such 8 designated information. The Parties stipulate and agree that, by entering into this Stipulated 9 Protective Order, they are not waiving any privileges or objections to the admissibility or 10 discoverability of information produced hereunder. 11 2. Confidential Information Defined. For purposes of this Stipulated Protective Order, 12 "Confidential Information" shall mean information which is (a) confidential, sensitive, or 13 potentially invasive of an individual's privacy interests; (b) not generally known; and/or (c) not 14 normally revealed to the public or third parties. Confidential Information may include 15 documents, things, or information produced pursuant to Rules 34 and 45 of the Federal Rules of 16 Civil Procedure, responses to requests for admissions and interrogatories, deposition testimony, 17 and all other such information that may be disclosed in the course of discovery in this action, and 18 any copies, extracts, compilations, or summaries thereof. 19 3. Designation of Confidential Information. Documents or writings which contain Confidential 20 Information shall have the legend "CONFIDENTIAL— SUBJECT TO PROTECTIVE ORDER" 21 affixed to each page that contains Confidential Information at the time the material is disclosed or 22 produced. Testimony given at a deposition or other pretrial proceeding that contains Confidential 23 Information must be identified as "CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER" 24 on the record, before the close of the deposition or hearing. Within 30 calendar days of receipt of 25 the transcript of such deposition or hearing, the designating party must specify those page and line 26 numbers that contain the designated Confidential Information and notify all other parties in writing 27 of such specific designation. Upon being informed of the specific portions of a transcript 28 designated as Confidential Information, each party shall promptly stamp "CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER" on each designated page of 2 each transcript copy in their custody or control. If any party intends to publicly file and/or use 3 portions of a transcript for which the 30 day period has not yet expired, the parties shall attempt 4 in good faith to reach agreement on shortening the deadline. 5 4. Any party may designate a document as "CONFIDENTIAL—SUBJECT TO 6 PROTECTIVE ORDER" upon a good faith determination by a party that the document 7 contains information that is (a) confidential, sensitive, or potentially invasive of an individual's 8 privacy interests; (b) not generally known; and/or (c) not normally revealed to the public or 9 third parties and by stamping or affixing the words "CONFIDENTIAL—SUBJECT TO 10 PROTECTIVE ORDER" on the face of the document. Tangible things other than documents 11 (e.g., audio tapes, products, computer disks, etc.) may be designated by stamping or affixing 12 the designation to the item or its container, as appropriate, 13 5. The Parties may designate material as "CONFIDENTIAL—SUBJECT TO 14 PROTECTIVE ORDER" after production under the following circumstances: 15 a. Advise the party who received such documents in writing of the new designation; 16 b. The new designation applies only as of the date and time of receipt of notice by the 17 party notified; 18 c. The party who received the non-designated documents must return the documents 19 to the producing party, and the producing party must provide the other party with 20 another copy of the documents that bears the new and correct designation; 21 d. The party who received the non-designated documents must make a good faith 22 effort to immediately retrieve any information disclosed to persons not authorized 23 by this Protective Order to receive such information, and obtain an agreement 24 from the persons to whom such disclosure was made to be bound by this 25 Protective Order. 26 6. Challenging a Confidential Designation, If a party believes that a document or other 27 information which designated as Confidential Information should not have such designation, that 28 party must notify the designating party of its disagreement and the basis therefore. Counsel for the 1 Parties shall then meet and confer within 14 days of such notice and endeavor to reach an 2 agreement concerning the protected status of the document or information. If the Parties cannot 3 resolve a challenge without court intervention, the party seeking to designate the information as 4 confidential shall file a motion for designation with the Court. Until the Court resolves the 5 motion, the document or information shall be treated as Confidential Information subject to this 6 Stipulated Protective Order. 7 7. Access to and Use of Confidential Information. A party receiving Confidential 8 Information under this Stipulated Protective Order may use such information only in the 9 prosecution, defense or attempted settlement of this litigation. A party receiving Confidential 10 Information may only disclose such information to the following persons: 11 a. The receiving party's attorneys of record, as well as the attorneys' support staff to 12 whom disclosure is reasonably necessary for this litigation; 13 b. The receiving party to whom disclosure is reasonably necessary for this litigation; 14 c, Retained experts and consulting experts of the receiving party to whom 15 disclosure is reasonably necessary for this litigation; 16 d. The Court and its personnel; 17 e. Court reporters and their staff and other professional vendors to whom disclosure 18 is reasonably necessary for this litigation and whom have signed the 19 "Acknowledgement and Agreement to Be Bound" (Exhibit A); 20 f. Witnesses testifying in deposition to whom disclosure is reasonably necessary and 21 who have signed the "Acknowledgement and Agreement to Be Bound" (Exhibit 22 A). 23 8. Unauthorized Disclosure of Confidential Information. If a receiving party learns that, by 24 inadvertence or otherwise, it has disclosed Confidential Information to any person or in any 25 circumstance not authorized under this Stipulated Protective Order, the receiving party must 26 immediately: (1) notify in writing the designating party of the unauthorized disclosures; (b) use its 27 best efforts to retrieve all unauthorized copies of Confidential Information; (c) inform the person 28 or persons to whom unauthorized disclosures were made of all the terms of this Stipulated eee OI IRI II EI IEE OI OS IER IIE EE

1 || Protective Order; and (d) request such person or persons to execute the "Acknowledgement and 2 || Agreement to Be Bound." (Exhibit A.) 3 1 9. Filing Confidential Information. The Parties agree to follow the procedure outlined in 4 |} Local Rule 141 for lodging and filing documents under seal with regard to any item containing 5 || information designated as Confidential under this Stipulated Protective Order. The Parties agree 6 || that an election not to seek an order placing specific documents under seal does not constitute a 7 || waiver of this Stipulated Protective Order. Furthermore, any documents which the Court declines g || to order sealed do not lose their status as Confidential Information under this Stipulated g || Protective Order as a result thereof 10 | 10. Return of Confidential Information. Within 60 days after the final disposition of this action 11 || Gncluding any appeal, writ, review or rehearing), the receiving party must return all Confidential 12 || Information, including any copies, extracts, or any other format reproducing or capturing 13 || Confidential Information, to the designating party. The receiving party must also submit a written 14 || certification to the designating party by the 60-day deadline that (1) identifies by category all of 15 || the Confidential Information that was returned and (2) affirms that the receiving party has not 16 || retained any copies, abstracts, compilations, summaries or other format reproducing or capturing 17 || any of the Confidential Information. Notwithstanding this provision, counsel for the Parties are 18 |} entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 19 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, 20 |} attorney work product, and consultant and expert work product, even if such materials contain 21 || Confidential Information. Any such archival copies that contain or constitute Confidential 22 | Information shall remain subject to the confidentiality obligations of this Stipulated Protective 23 |) Order. 24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 25 26 p..-110\ Date Perel fer 27 ‘ttorney for Plaintiff

JAMES DENTON

28

eee em OI EERIE III I I III IE OIE OOS IIE IO ES

1 || Date: December 10, 2020 ee

3 Marcus Lee 4 Mana Ettefagh Attorney for Defendant 5 JENSEN PRECAST 6

ORDER

7 8 The court has reviewed the parties’ stipulated protective order, which comports with 9 || the relevant authorities and the court’s applicable local rule. See L.R. 141.1(c); see also 10 Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) I (“Generally, the public can gain access to litigation documents and information produced 12 during discovery unless the party opposing disclosure shows ‘good cause’ why a protective 13 order is necessary.”) Therefore, the court GRANTS the request subject to the following 14 clarification. 15 This court’s Local Rules indicate that once this action is closed, “unless otherwise 16 | ordered, the court will not retain jurisdiction over enforcement of the terms of any protective 17 |) order filed in that action.” L.R. 141.1(f). Courts in the district generally do not agree to retain 18 jurisdiction after closure of the case. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 19 || WL 495778 (E.D. Cal., Feb. 03, 2017). Based on this rationale, the court will not retain 20 jurisdiction over this protective order once the action is closed. 21 Dated: December 16, 2020 22 □□□

EKENDALLJ. WEA

24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 _____________________________ [print or type full name], of ____________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety 5 and understand the Stipulated Protective Order that was issued by the United States District 6 Court for the Eastern District of California on [date] in the case of James Denton v. Jensen 7 Enterprises, Inc., dba Jensen Precast, Case: 2:20-CV-01555-KJM-KJN. I agree to comply with 8 and to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the 10 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 11 item that is subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 15 even if such enforcement proceedings occur after termination of this action. I hereby appoint 16 ___________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 21 Date: 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: ________________________________ 25 26 Signature: _________________________________ 27 28