1 Alicia R. Kennon (State Bar No. 240569) Kristin A. Smith (State Bar No. 242643) 2 WOOD, SMITH, HENNING & BERMAN LLP 1401 Willow Pass Road, Suite 700 3 Concord, California 94520-7982 Phone: 925 222 3400 ♦ Fax: 925 356 8250 4 Attorneys for Defendants LIBERTY IT SOLUTIONS 5

6

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 9 10 KERI KUBOKAWA VOGTMANN, Case No. 2:21-CV-01912-TLN-KJN

11 Plaintiff, STIPULATION AND PROTECTIVE ORDER FOR PROTECTION OF 12 v. CONFIDENTIAL DOCUMENTS AND CONFIDENTIAL INFORMATION 13 LIBERTY IT SOLUTIONS, LLC.; INSPERITY PEO SERVICES, L.P.; and The Hon. Kendall J. Newman 14 DOES 1 through 50, inclusive, Action Filed: October 13, 2021 15 Defendants. Trial Date: None Set 16

17 1. PURPOSES AND LIMITATIONS 18 WHEREAS, discovery, both formal and voluntary, in the above-entitled Action may involve 19 the disclosure of Plaintiff Keri Kubokawa Vogtmann's (“Plaintiff”) personal information, including 20 but not limited to Plaintiff’s private health, medical or employment information, confidential 21 financial information, and other personal, sensitive, or private information that otherwise may be 22 protected from disclosure; 23 WHEREAS, discovery, from both formal and voluntary sources, in the above-entitled 24 Action may involve the disclosure of Defendant Liberty IT Solutions LLC's (“Defendant”) private 25 and/or proprietary business information; 26 WHEREAS, Plaintiff and Defendant (the “Parties,” or individually, a “Party”) also desire to 27 protect the privacy and other rights of third-party current and former employees of Defendant; 1 confidential, and for which special protection from both public disclosure and use for any purpose 2 other than this litigation is warranted; 3 WHEREAS, the Parties have agreed that it is necessary to establish common procedures to 4 limit the necessity for objections or subsequent motions seeking to limit discovery and to help 5 facilitate the disposition of any disputes or problems that may arise in connection with discovery or 6 other use of this information; 7 WHEREAS, the Parties desire to cooperate with requests that appear reasonably calculated 8 to lead to the discovery of admissible evidence, including requests for CONFIDENTIAL 9 INFORMATION and CONFIDENTIAL DOCUMENTS in this Action; 10 THEREFORE, the Parties stipulate to the terms of the following Protective Order: 11 2. DEFINITIONS 12 2.1 CONFIDENTIAL DOCUMENTS: As used in this Protective Order, 13 CONFIDENTIAL DOCUMENTS mean every “writing” as defined in Federal Rules of Evidence, 14 rule 1001 and California Evidence Code section 250, whether produced by one of the Parties or by 15 a person or entity who is not a named party to this Action (“non-party”), that contains 16 CONFIDENTIAL INFORMATION as herein defined, infra. CONFIDENTIAL DOCUMENTS 17 do not include writings that are already available to the general public. 18 2.2 CONFIDENTIAL INFORMATION: CONFIDENTIAL INFORMATION means 19 information that qualifies for protection under Federal Rule of Civil Procedure 26(c) and all 20 information contained in CONFIDENTIAL DOCUMENTS which is not available to the general 21 public, including but not limited to non-party private information, proprietary business information, 22 confidential medical information (e.g., information supplied in any form, or identifies an individual 23 or subscriber by name and is regarding past, present, or future care, services, or supplies relating to 24 the physical or mental health or condition of Plaintiff, the provision of health care to Plaintiff, or the 25 past, present, or future payment for the provision of health care to Plaintiff, including but not limited 26 to medical bills, claims forms, charge sheets, medical records, medical charts, test results, notes, 27 dictation, invoices, itemized billing statements, remittance advice forms, explanations of benefits, 1 or items that are extremely sensitive/confidential information, or items whose disclosure to 2 Defendant, Plaintiff, or a non-party would create a significant risk of injury to the non-party, 3 Defendant, or Plaintiff; or whose disclosure invades the privacy of the non-party, Plaintiff, or 4 Defendant. 5 2.3 PROTECTED MATERIAL: As used in this Protective Order, PROTECTED 6 MATERIAL means all CONFIDENTIAL DOCUMENTS and CONFIDENTIAL 7 INFORMATION. 8 2.4 FINAL DISPOSITION: As used in this Protective Order, FINAL DISPOSITION 9 shall be deemed to be the later of: 10 a. Dismissal of all claims and defenses in this Action, with or without prejudice; or 11 b. Final judgment herein after the completion and exhaustion of all appeals, 12 rehearings, remands, trials, or reviews of this Action, including the time limits for filing any 13 motions or applications for extension of time pursuant to applicable law. 14 3. SCOPE 15 All PROTECTED MATERIAL (i.e., CONFIDENTIAL INFORMATION and/or 16 CONFIDENTIAL DOCUMENTS) is subject to the provisions of this Protective Order and shall 17 be used by the Party to whom the information is produced solely for the purpose of this case. 18 PROTECTED MATERIAL shall not be used for any other purpose. 19 4. DURATION 20 Even after FINAL DISPOSITION of this litigation, the confidentiality obligations imposed 21 by this Protective Order shall remain in effect until the Parties otherwise agree in writing or a court 22 order otherwise directs. 23 5. DESIGNATING PROTECTED MATERIAL 24 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 25 Non-Party that designates information or items for protection under this Protective Order must take 26 care to limit any such designation to specific material that qualifies under the appropriate standards. 27 By designating a document or testimony as “CONFIDENTIAL” under the terms of this Protective 1 for making that designation. This Protective Order shall be without prejudice to the right of the 2 Designating Party to bring before the court the question of whether any particular document or 3 information is confidential or whether or not its use should be restricted. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Protective 5 Order (see, e.g., sections 5.2(a) and 5.4 below), or as otherwise stipulated or ordered, Disclosure or 6 Discovery Material that qualifies for protection under this Protective Order must be clearly so 7 designated at or before the time where the material is disclosed or produced. 8 Designation in conformity with this Protective Order requires: 9 a. for information in documentary form, if a Party claims that a writing it is producing is a 10 CONFIDENTIAL DOCUMENT or contains CONFIDENTIAL INFORMATION, and is therefore 11 subject to the terms and provisions of this Protective Order, that Party shall identify the document 12 by stamping it “CONFIDENTIAL” before it is produced to the other Party. Where a document 13 consists of more than one page, the first page and each page on which confidential information 14 appears shall be so designated. With respect to confidential information provided on electronic 15 media, the documents or discovery responses so provided may be designated by including on the 16 electronic media a label or marking with the word “CONFIDENTIAL.” With respect to 17 CONFIDENTIAL INFORMATION contained in response to written discovery the Designating 18 Party shall indicate it as containing such by so indicating in said responses. 19 If a Party claims that a document or discovery material produced by a non-party is a 20 CONFIDENTIAL DOCUMENT or contains CONFIDENTIAL INFORMATION, and is therefore 21 subject to the terms and provisions of this Protective Order, that Party shall provide written notice 22 to all Parties of the relevant document numbers or other identification within thirty (30) days after 23 such documents or discovery materials are produced – and such written notice shall function as a 24 confidential designation. Any Party or non-party may voluntarily disclose to others without 25 restriction any information designated by that Party or non-party as PROTECTED MATERIAL, 26 although a document may lose its confidential status if it is made public. If a Party produces 27 materials designated as CONFIDENTIAL in compliance with this Protective Order, that 1 requirements mandated by local, state, or federal laws. 2 b. for testimony given in deposition or in other pretrial or trial proceedings, that the 3 Designating Party identify on the record, before the close of the deposition, hearing, or other 4 proceeding, all testimony containing CONFIDENTIAL INFORMATION. Further, Either Party’s 5 attorney shall have the right to exclude from oral depositions any person, other than the deponent 6 and the reporter, who is not authorized by or under this Protective Order to receive or view the 7 CONFIDENTIAL DOCUMENTS and/or the CONFIDENTIAL INFORMATION. However, 8 such right of exclusion shall be applicable only during periods of examination or testimony 9 directed to or referring to the CONFIDENTIAL DOCUMENTS and/or the CONFIDENTIAL 10 INFORMATION. Any court reporter who transcribes testimony in this Action at a deposition 11 shall agree, before transcribing such testimony, that copies of any transcript, reporter’s notes, or 12 any other transcription records of any such testimony will be retained in absolute confidentiality 13 and safekeeping by such shorthand reporter, or be delivered to attorneys of record, or filed under 14 seal with the Court. 15 5.3 Erroneous/Improper Designation Contention. If a Party contends that any document 16 had been erroneously or improperly designated “CONFIDENTIAL,” it shall nevertheless treat the 17 document as a CONFIDENTIAL DOCUMENT, and as a document that contains CONFIDENTIAL 18 INFORMATION, until either (a) that Party obtains from the Designating Party written permission 19 to do otherwise; (b) the Party who claims that the material is PROTECTED MATERIAL fails to 20 apply to the Court for an order designating the material confidential within the time period specified 21 in Section 10.2(a). below, after receipt of a written challenge notice to such designation; or (c) this 22 Court enters an order stating that the document shall not be treated as CONFIDENTIAL and/or 23 containing CONFIDENTIAL INFORMATION. 24 5.4 Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to 25 designate qualified information or items does not, standing alone, waive a Party’s right to secure 26 protection under this Protective Order for such material. Upon timely correction of a designation, 27 the Party receiving the documents, testimony or other tangible item designated CONFIDENTIAL 1 must make reasonable efforts to assure that the material is treated in accordance with the provisions 2 of this Protective Order. 3 5.5 Withdrawing Mistaken Designation. If it comes to a Designating Party’s attention 4 that information or items that it designated for protection do not qualify for protection at all or do 5 not qualify for the level of protection initially asserted, that Designating Party must promptly 6 notify all other Parties that it is withdrawing the mistaken designation. 7 5.6 Retention of Confidential Status. Notwithstanding any challenge to the designation 8 of material as CONFIDENTIAL, all documents so marked shall be treated as such and shall be 9 subject to the provisions hereof unless and until one of the following occurs: 10 a. the Party who claims that the material is PROTECTED MATERIAL withdraws 11 such designation in writing; 12 b. the Party who claims that the material is PROTECTED MATERIAL fails to apply 13 to the Court for an order designating the material confidential within the time period specified in 14 Section 9 below, after receipt of a written challenge notice to such designation; or 15 c. the Court rules the material is not PROTECTED MATERIAL. 16 6. ACCESS TO AND USE OF PROTECTED MATERIAL 17 6.1 Basic Principles. Unless otherwise ordered by the Court obtained upon notice to 18 opposing counsel, or permitted in writing by the Party producing the CONFIDENTIAL 19 DOCUMENTS, CONFIDENTIAL DOCUMENTS and the CONFIDENTIAL INFORMATION 20 contained therein shall only be shown, given, communicated and/or made available to “Qualified 21 Persons” as defined herein. 22 Upon production, PROTECTED MATERIAL must be stored and maintained by Receiving 23 Party and Receiving Party’s counsel at a location and in a secure manner1 that ensures that access 24 is limited to the persons authorized under this Protective Order. 25 6.2 Qualified Persons. Such Qualified Persons are defined as: 26 27 1 It may be appropriate under certain circumstances to require the Receiving Party to store 1 a. Any Party; 2 b. Any officer, director, or employee of Defendant, to the extent deemed 3 reasonably necessary by Defendant’s counsel to aid in the prosecution, defense, 4 or settlement of this Action; 5 c. Counsel for the respective Parties to this litigation, including attorneys, 6 partners, associate attorneys, of counsel, in-house counsel and co-counsel 7 retained for this litigation, paralegals, and stenographic and clerical employees 8 employed by or assisting such counsel to the extent deemed necessary by 9 counsel for the prosecution or defense of this Action; 10 d. Retained experts or paid consultants and their staff that have been retained to 11 assist in the prosecution or defense of the instant matter, or analyzing the facts 12 of this matter, but only after execution of Exhibit “A” hereto by that person; 13 e. Any person who authored or previously received the CONFIDENTIAL 14 DOCUMENT(S) or CONFIDENTIAL INFORMATION contained therein; 15 f. Court reporters and other persons involved in recording deposition testimony in 16 this Action by any means to whom disclosure is reasonably necessary for this 17 litigation, but only after execution of Exhibit “A” hereto by that person; 18 g. Any mediators engaged by the Parties to assist in resolving this litigation, but 19 only after execution of Exhibit “A” hereto by that person; 20 h. The personnel of the United States District Court for the Eastern District of 21 California in their official roles; and 22 i. Any other person to whom the producing Party agrees to in writing, but only 23 after execution of Exhibit “A” hereto by that person. 24 6.3 Disclosure to Qualified Persons. Such Qualified Persons to whom the 25 CONFIDENTIAL DOCUMENTS and/or CONFIDENTIAL INFORMATION are given, shown, 26 communicated, or made available shall not reveal, discuss, disclose or copy, and shall be ordered 27 not to reveal, discuss, disclose or copy, the documents or information to anyone. Where a Qualified 1 PROTECTED MATERIAL and made available for inspection by opposing counsel during the 2 pendency or after the termination of the Action only upon good cause shown or upon order of the 3 Court. 4 7. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 5 MATERIAL/DISCOVERY OF UNAUTHORIZED DISCLOSURE OR USE OF 6 PROTECTED MATERIAL 7 7.1 Inadvertent Disclosure. Should these CONFIDENTIAL DOCUMENTS and/or this 8 CONFIDENTIAL INFORMATION be disclosed, through inadvertence or otherwise, to any 9 person or party not entitled to receive the same hereunder, then the Parties hereby agree to use 10 their best efforts to bind such person to the terms of this Protective Order and that such person: 11 a. Shall be informed promptly of all the provisions of this Protective Order by 12 the receiving Party; 13 b. Shall be identified immediately, via written notice, to the other Party’s 14 attorney; and 15 c. Shall be required to execute Exhibit “A” hereto. 16 7.2 Learning of Inadvertent Disclosure(s). If a Party learns that, by inadvertence or 17 otherwise, it has disclosed CONFIDENTIAL DOCUMENTS and/or CONFIDENTIAL 18 INFORMATION to any person or in any circumstance not authorized under this Protective Order, 19 the Party must immediately (a) notify in writing the Designating Party of the unauthorized 20 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the CONFIDENTIAL 21 DOCUMENTS and/or CONFIDENTIAL INFORMATION, (c) inform the person or persons to 22 whom unauthorized disclosures were made of all the terms of this Protective Order, and (d) request 23 such person or persons to execute Exhibit “A” attached hereto. 24 7.3 Actual Knowledge of Unauthorized Use. If a Party has actual knowledge that 25 PROTECTED MATERIAL is being used or is possessed by a person not authorized to use or 26 possess that material, regardless of how the material was disclosed or obtained by such person, the 27 Party shall provide immediate written notice of the unauthorized use or possession to the Party 1 itself regarding such possible use or possession 2 8. FILING DOCUMENTS FOR USE IN DISCOVERY MOTIONS OR TRIAL 3 a. Nothing contained in this Protective Order shall be construed to prejudice any 4 Party’s right to use at trial or in any hearing before the court any CONFIDENTIAL 5 INFORMATION, provided that reasonable notice of the intended use of such material shall be given to all counsel of record, the Parties arrange for appropriate safeguards, and provided that the 6 rules applicable to sealing records, as further addressed below, are followed. Likewise, nothing in 7 this Protective Order shall be dispositive of any issues of relevance, discoverability, or 8 admissibility. 9 b. Without written permission from the Designating Party or a court order secured 10 after appropriate notice to all interested persons, a Party may not file in the public record in this 11 Action any PROTECTED MATERIAL. A Party that seeks to file under seal any PROTECTED 12 MATERIAL must comply with appropriate Local Rules, Court Rules and/or applicable rules of 13 Civil Procedure. The submission of any materials designated as “CONFIDENTIAL” pursuant to 14 this Protective Order to the Court in the Litigation must comply with Federal Rules of Civil 15 Procedure Rule 5.2 to the extent applicable. 16 i. If the materials are required to be kept confidential by law or are submitted 17 in connection with discovery motions or proceedings, no Court order is required to seal the 18 materials. Federal Rule of Civil Procedure Rule 5.2(b).) However, all documents and chamber 19 copies containing PROTECTED MATERIAL which are submitted to the Court shall be filed with 20 the Court in sealed envelopes or other appropriate sealed containers, per Local Rules and or the 21 Court's orders. On the outside of the envelopes, a copy of the first page of the document shall be 22 attached. If Confidential Information is included in the first page attached to the outside of the 23 envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be 24 stamped on the envelope and a statement substantially in the following form shall also be printed 25 on the envelope: 26 “This envelope is sealed pursuant to Order of the 27 Court, contains Confidential Information and is not 1 Order of the Court or agreement by the Parties.” 2 ii. If the materials are submitted for use at trial or as the basis for adjudication 3 of matters other than discovery motions or proceedings, a Court order sealing the materials is 4 required and may only be obtained by careful compliance with the procedures set forth in Federal 5 Rule of Civil Procedure Rule 5.2. A party that files with the Court, or seeks to use at trial, 6 materials designated as CONFIDENTIAL by anyone other than itself, and who does not seek to 7 have the record containing such information sealed, shall comply with either of the following 8 requirements: 9 (1) At least ten (10) business days prior to the filing or use of the PROTECTED 10 MATERIAL, the Submitting Party shall give written notice to any Party that designated the 11 materials as CONFIDENTIAL pursuant to this Protective Order, of the Submitting Party’s 12 intention to file or use the PROTECTED MATERIAL, including specific identification of the 13 PROTECTED MATERIAL. Any affected Party may then file a motion to seal, pursuant to the 14 Federal Rules of Civil Procedure, Local Rules and Court order; or 15 (2) At the time of filing or desiring to use the PROTECTED MATERIAL, the 16 Submitting Party shall submit the materials pursuant to the lodging-under-seal provision of 17 Federal Rules of Civil Procedure, Local Rules and Court order. Any affected party may then file a 18 motion to seal, pursuant to the Federal Rules of Civil Procedure, Local Rules and Court order, 19 within ten (10) business days after such lodging. Documents lodged shall bear a legend stating 20 that such materials shall be unsealed upon expiration of ten (10) business days, absent the filing of 21 a motion to seal. 22 c. If either Party seeks to file PROTECTED MATERIAL or disclose the contents of 23 CONFIDENTIAL DOCUMENTS designated as such by the opposing Party as a basis for 24 adjudication other than discovery motions or proceedings, the filing Party must meet and confer with the designating Party at least 10 calendar days prior to the intended filing date to offer the 25 designating Party the opportunity to evaluate whether the designated materials fall within the 26 parameters of the Federal Rules of Civil Procedure, the Local Rules, or a Court order, and to either 27 (i) remove the Confidential designation, or (ii) prepare a motion or application pursuant to the 1 Federal Rules of Civil Procedure, the Local Rules, or any Court order. 2 d. The Parties understand that failure to comply with the procedural requirements of 3 Federal Rules of Civil Procedure, the Local Rules, or a Court order, may result in the placement of 4 PROTECTED MATERIAL in the public file. The Parties further understand that no sealing order 5 will be issued solely on the basis of the existence and applicability of this Protective Order. 6 9. CONFIDENTIAL DOCUMENTS AND/OR CONFIDENTIAL INFORMATION 7 SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 8 9.1 Duties When Served With a Subpoena or Order. If a Party is served with a 9 subpoena or a court order issued in other litigation that compels disclosure of any information or 10 items designated in this Action as “CONFIDENTIAL” that Party must: 11 a. Promptly notify in writing the Designating Party. Such notification shall 12 include a copy of the subpoena or court order; 13 b. Promptly notify in writing the party who caused the subpoena or order to 14 issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification shall 16 include a copy of this Protective Order; and 17 c. Cooperate with respect to all reasonable procedures sought to be pursued by 18 the Designating Party whose CONFIDENTIAL DOCUMENTS and/or 19 CONFIDENTIAL INFORMATION may be affected. 20 9.2 Protective Order for Designating Party. If the Designating Party timely seeks a 21 protective order, the Party served with the subpoena or court order shall not produce any information 22 designated in this action as “CONFIDENTIAL” before a determination by the court from which the 23 subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The 24 Designating Party shall bear the burden and expense of seeking protection in that court of its 25 confidential material – and nothing in these provisions should be construed as authorizing or 26 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 27 10. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1 challenge the designation of a document or other material as “CONFIDENTIAL” or containing 2 “CONFIDENTIAL INFORMATION” only as follows: 3 10.1 Timing of Challenges and Meet and Confer. If a Party believes that material 4 designated by another as “CONFIDENTIAL” has not been properly so designated or should be 5 reclassified or revealed to an individual not otherwise authorized to have access to that material 6 under this Protective Order, that Party (the “Challenging Party”) shall provide to the Designating 7 Party written notice of that disagreement, stating the reason(s) for the challenge, within 60 days of 8 the document or information’s designation. During the 60-day period following service of the 9 written challenge, Counsel shall meet and confer in good faith, and shall try to dispose of such 10 challenge on an informal basis. 11 10.2 Judicial Intervention Related to Designations. The following is the procedure for 12 judicial intervention: 13 a. If neither the designation nor the objection is withdrawn during this 20-day 14 meet and confer period, the Designating Party shall have ten (10) days from the receipt of the written 15 challenge notice to apply to the Court for an order designating the material as “CONFIDENTIAL.” 16 The Designating Party bears the burden of establishing that the material is entitled to protection as 17 a CONFIDENTIAL DOCUMENT and/or a document containing CONFIDENTIAL 18 INFORMATION. Any material that is designated as “CONFIDENTIAL,” that is the subject of a 19 challenge, shall remain subject to this Protective Order and be held as CONFIDENTIAL and/or 20 containing CONFIDENTIAL INFORMATION until the Court rules on the Designating Party’s 21 motion or, if no motion is made, until the time for the Designating Party to bring a motion has 22 expired. 23 b. All documents filed with the Court that contain information or documents 24 designated as “CONFIDENTIAL” and subject to challenge shall be filed under seal pursuant to the 25 Federal Rules of Civil Procedure, and, if applicable, the Local Rules for the United States District 26 Court for the Eastern District of California and the Standing Orders of the Court. 27 1 c. All CONFIDENTIAL DOCUMENTS or CONFIDENTIAL INFORM- 2 ATION lodged with the Court in support of such a motion shall be submitted in accordance with 3 the requirements of the applicable local rules, statutes, and/or orders. 4 d. Court proceedings or filings involving CONFIDENTIAL DOCUMENTS 5 and/or CONFIDENTIAL INFORMATION shall follow Federal Rules of Civil Procedure, the Local 6 Rules and any Court orders. 7 11. FINAL DISPOSITION 8 Within 60 days after the FINAL DISPOSITION of this Action, each Party to whom 9 CONFIDENTIAL DOCUMENTS have been produced must destroy or give to the Producing 10 Party all CONFIDENTIAL DOCUMENTS (including copies) it received as well as all abstracts, 11 compilations, summaries, and any other format reproduction or capture of any CONFIDENTIAL 12 DOCUMENT or CONFIDENTIAL INFORMATION. Notwithstanding this provision, the 13 attorneys for any Party are entitled to retain an archival copy of all pleadings; motion papers; 14 trial, deposition, and hearing transcripts; legal memoranda; correspondence; deposition and trial 15 exhibits; expert reports; attorney work product; documents produced in discovery; and consultant 16 and expert work product, even if such materials contain CONFIDENTIAL DOCUMENTS and/or 17 CONFIDENTIAL INFORMATION, provided that such material be maintained by said attorneys 18 in a manner designed to preserve its confidentiality. Any such archival copies that contain or 19 constitute CONFIDENTIAL DOCUMENTS and/or CONFIDENTIAL INFORMATION remain 20 subject to this Protective Order as set forth in the preceding paragraph. After FINAL 21 DISPOSITION of this Action, this Court will retain jurisdiction to enforce the terms if this 22 Protective Order. 23 /// 24 /// 25 /// 26 /// 27 /// 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Protective Order shall be construed or 3 interpreted as a waiver of any rights or privileges, and voluntary production of any documents in 4 this proceeding shall not constitute a waiver of any privacy rights or privileges which may be 5 applicable. 6 12.2 Counterparts. This Protective Order may be signed in counterparts. 7 8 IT IS SO STIPULATED 9 10 DATED: March 7, 2022 WOOD, SMITH, HENNING & BERMAN LLP

11

12 By: 13 ALICIA R. KENNON KRISTIN A. SMITH 14 Attorneys for Defendant, LIBERTY IT SOLUTIONS LLC 15

DATED: March 7, 2022 RUGGLES LAW FIRM 16

17

18 By: MATTHEW RUGGLES 19 Attorneys for Plaintiff, KERI KUBOKAWA 20 VOGTMANN

21 ORDER 22 The court has reviewed the parties’ stipulated protective order. (See ECF No. 19). The 23 stipulation lists categories of information sought to be protected, and otherwise comports with the 24 relevant authorities and the court’s applicable local rule. See L.R. 141.1(c);2 see also Phillips ex 25 2 The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission: 26 (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 nature of the information (e.g., 27 customer list, formula for soda, diary of a troubled child); (2) A showing of particularized need for protection as to each category of information proposed to 1 || rel. Estates of Byrd v. Gen. Motors Corp.,

(9th Cir. 2002) (requiring a 2 || showing of good cause for protective orders). The court APPROVES IN PART the protective 3 || order, subject to the following clarification. The Local Rules state that once an action is closed, 4 || “unless otherwise ordered, the court will not retain jurisdiction over enforcement of the terms of 5 || any protective order filed in that action.” L.R. 141.1(f). Courts in the district generally do not 6 || agree to retain jurisdiction for disputes concerning protective orders after closure of the case. See, 7 || e.g., MD Helicopters, Inc. v. Aerometals, Inc.,

(E.D. Cal., Feb. 03, 2017). Thus, 8 || the court will not retain jurisdiction over this protective order once the case is closed, and rejects 9 || the portion of par. 11 related thereto. 10 || Dated: March 25, 2022

o 7 A Norm Sas 42 el fn wl 5 8 vogt.1912 UNITED STATES MAGISTRATE JUDGE 228 13

eee 14

16°

P17 18 19 20 21 22 23 24 25 26 27 28 (3) A showing as to why the need for protection should be addressed by a court order, as opposed to a private agreement between or among the parties. 23863121.1:11438-0098 -]5- Case No. 2:21-CV-01912-TLN-KJN

1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 1. I hereby acknowledge that I, ________________________________________, am 4 about to receive PROTECTED MATERIAL supplied in connection with the case of Keri 5 Kubakawa Vogtmann v. Liberty IT Solutions LLC, et. al., United States District Court for the 6 Eastern District of California case number 2:21-CV-01912-TLN-KJN (“Proceeding”). I certify 7 that I understand that the PROTECTED MATERIAL provided to me is subject to the terms and 8 restrictions of the Stipulation and Protective Order (“Stipulation” or “Order”) filed in this 9 Proceeding. I have been given a copy of the Order; I have read it; and I agree to be bound by its 10 terms, including not disclosing in any manner, any information or item that is subject to 11 Stipulation and Protective Order, except in compliance with said Order. 12 I understand that PROTECTED MATERIAL, as defined in the Order, including any notes 13 or other records that may be made regarding any such materials, shall not be Disclosed to anyone 14 except as expressly permitted by the Order. I will not copy or use, except solely for the purposes 15 of this Proceeding, any PROTECTED MATERIAL obtained pursuant to this Order, except as 16 provided therein or otherwise ordered by the Court in the Proceeding. 17 I further understand that I am to retain all copies of all PROTECTED MATERIAL 18 provided to me in the Proceeding in a secure manner, and that all copies of such Materials are to 19 remain in my personal custody until termination of my participation in this Proceeding, whereupon 20 the copies of such PROTECTED MATERIAL will be returned to counsel who provided me with 21 such PROTECTED MATERIAL. 22 I understand that if I violate the Order, my violation is punishable by contempt of Court, 23 and/or a claim for damages, and I hereby agree to submit to the jurisdiction of the United States 24 District Court for the Eastern District of California, for the purpose of enforcing the terms and 25 restrictions of the Order, even if such enforcement proceedings occur after termination of this 26 Action. 27 Date: ______________ Printed Name:_________________________________ 1 Signature: ___________________________________________________ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27