Working v. Black & Decker (U.S.) INC.

3:05-cv-01398 | N.D. Cal. | Nov 21, 2005

Wmstou & Strawn LL? 333 S€N.¥th Grtmd Aw:mlc` 38{11 kar Los Ange¥es. CA 966?1-1543 \C'CQ-.!O\Uz-P-WN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 1 of 14 Case 3:05-c:v-01398-JSW Document24 Filed11/17/2005 WINSTON &. STRAWN LLP LEE T. PATERSON (SBN: 41004) AMANDA C. SOMMBRPELD (SBN: 185052) NICOLE M. DENOW (SBN: 231'722) 333 South Grand Avenue, 38th F]oor Los Angeles, CA 90071»1.543 Tel,: (213) 615-1700; Pax: (213) 615-1750 E~mail: Ip_aterso@Winston.com asmrnnerf@winston.com Attomeys For Defendants BLACK & DECKER (U.S.) lNC. and PORTER-CABLB CORPORATION LAW OFFICES OF LUCI'US A. COOPER BETH W. MORA (SBN: 208859) 18 Crow Canyon Court, Suite 145 San Ramon, CA 94583 'I`el.: (925) 820-»8949; Fax: (925) 820~0273 E~mail: bmora@cooperlawoffice.com Attomeys for Plaintiff ROGER WORKING UN'ITED STA'I`ES DISTR.ICT COURT Page 1 of 15 NORTHERN I)ISTRICT OF CALIFORNTA ROGER WORKING, ) Case No. CO$-OIBQB JSW - ) I~ION. JEFFREY S. WI-IITE Plaintit`f, ) ) STIPULATED PROTECTIVE vs. ) ORDER ) BLACK & DECKER. (`U.S.) INC.; ) POR’I`ER-CABLE CORPORATION; ) and PENTAIR TOOL AND ) EQUIPMENT SALES CO., ) Def`endants. § STIPULA'I`ED PROTECTIVE OR.DER Winston & Strawn LLI’ 333 South Grami Avenue, 3801 Floor has Angeles, CA 90071-1543 \ODG'-~JO\\J¢-l=~i-HN 10 ll 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 2 of 14 Case 3:05-cv»01398-JSW Document 24 Filad 11/17/2005 Page 2 of 15 l. PUR.POSES ANI) LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of contidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential The parties further acknowledge, as set forth in Section 10, beiow, that this Stipulated Protective Order creates no entitlement to tile confidential information under seal; Civil Local Rule 79»~5 sets forth the procedures that must he followed and reflects the standards that will be applied when a party seeks permission from the court to file material under seal. 2. DEFINITIONS 2.1 E§.Lty_:_ any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff). 2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter. 2.3 “Confidential" Infonnation or lterns: information (rega.rdless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(0). 2.4 'Highly Coniidential -- Attorneys' Eyes Onlv" Information or Lten;s_: extremely sensitive "Confidential lnformation or Items" whose disclosure to another Party or non~palty would create a substantial risk of serious injury that l _ S’I'IPULATED PROTECTI_VE ORDER Winston & Strawn LLP 333 South Gr:nd A\'ecme1 38¥!2 Floer Los Angefes, CA 909'71-1543 ‘~OOQ\IO\LA-D-b-tt\.}'r-s NNNNNNNNNI-‘HH+_&H)-JHHHH DU*~}G\Lh-PKLNN’_‘CF\DO°`JG\LH-PLWN’_‘O Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 3 of 14 Case 3:05-cv-01398-JSW Document 24 Filad 11/17/2005 F’age 3 of 15 could not be avoided by less restrictive means 2,.‘5 _I§e_p_e_iyii_i_g_l`-‘_z_i_i_ty:_ a Party that receives Disclosure or Discovery Material from a Producing Party. 2.6 Producing Partyf: a Party or non-party that produces Disclosure or Discovery Material in this action 2.7 Desig_nating Part_'y: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Contidential" or "Highly Confidential Attorneys‘ Eyes Only." 2.8 Protected Material: any Disclosure or Discovery Material that is designated as "Contidcntial" or as "Highly Contidenti.al ~ Attorneys' Eyes Only." 2.9 Outside Counsel: attorneys Who are not employees of a Party but who are retained to represent or advise a Party in this actionl 2. 10 House Counsel: attorneys Who are employees of a Party. 2.11 Attorneys: Outside Counsel and House Counsel (as well as their support staffs), 2. 12 133pr a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and Who is not a past or a current employee of a Party or of a competitor cfa Party's and who, at the time ot` retention, is not anticipated to become an employee of a Party or a competitor cfa Party's. This definition includes a professional jury or trial consultant retained in connection with this litigationn 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or mediurn; etc.) and their employees and subcontractors 3. SCOPE 2 srirutarso anorsc'rrva orman Winston & Strawn LLP 333 South Grand Avenue, 38th Floor has angeles CA 900?1-1543 C)‘~D(X¥"-~.}G\U'l-L‘~wl\]'--“ NNNNNNNNN#-#»-lw-‘\-H»-\H»-»»-¢-¢ w\JC¢WV\-h-WNJ-‘O\DOO*-JO\U!-FLUJN‘_‘ Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 4 of 14 Case 3:05-cv-01398-JSW Document 24 Filad 11/17/2005 Page 4 of 15 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted there from, as well as all copies, excerpts, summaries or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reveal Protected Material. 4. DURATION Even after the termination of this litigation, the confidentiality obligations imposed by this Order - shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs 5. DESIGNATING PRQTECTED MATER]AL 5.1 Exercise of Restraint and Care in Desiant'ljina Material for Protection. Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualities under the appropriate standards A Designating Party must take care to designate for protection only those parts of material, documents items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate or routinized designations are prohibited Designations that are shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process, or to impose umiecessary expenses and burdens on other parties), expose the Designating Party to sanctions If it comes to a Party's or a non-party`s attention that information or items that it designated for protection do not qualify for protection at all, or do not qualify for the level of protection initially asserted, that Party or non-party must promptly notify all other parties that it is withdrawing the mistaken designation 3 srtruLAr"Eo l'aorsc'rtvs christi Wins(on & Strawu LLP 333 Snnfh Grand Avenue, 38th Floor Lus Angeles., CA 90071-1543 \OOO‘--.IO\U'\-h. 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2`1' 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 5 of 14 Case 3:05~cv-01396-JSW Document 24 Fi|od 11/17/2005 Page 5 of 15 5.2 Manner and 'l`iming of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material that qualifies i`or protection under this Order must be clearly so designated before the material is disclosed or produced Designation in conformity With this Order requires: tel fol'irlf<)m___nn__wafi.€minssemnerna_rr_f_cnn taped fme transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affth the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" at the top of each page that contains protected material If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must speeify, for each portion, the level ot` protection being asserted (either "CONFIDENTIAL“ or "HIGI-ILY CONFIDENTIAL - A'I‘TORNEYS‘ EYES ONLY"). A Party or non»party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced During the inspection and before the designation all of the material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documentr~il or portions thereof, qualify for protection under this Order, then, before producing the specified documents, the Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ~ ATTORNEYS' EYES ONLY") at the top of each page that contains Protected Material. If only a portion or portions of the material on a page qualities for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level of'protection being 4 STIPULATED PROTECI`TVE ORDER Winston & Stra“¢n LLI’ 333 Snuth Grand Avenae., 38th. Fioor bus Ange!es, CA 906?1-1543 \\) \DOO---IO\UI-h- 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 6 of 14 Case 3:05-cv-01398-JSW Dooument 24 Filed '|1/17/2005 Page 6 of 15 asserted (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - AT'I`ORNEYS' EYES ONLY"). (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Party or non-party designating the testimony as either “CONFIDENTIAL” or “HIGI-ILY CONFIDENTIAL,” identify on the record, before the close of the deposition hearing, or other proceeding, all protected testimony, and further specify any portions of`tbe testimony that qualify as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY." thhen it is impractical to identify separately each portion of testimony that is entitled to protection, and when it appears that substantial portions of the testimony may qualify for protection, the Party seeking protection may invoke on the record (before the deposition or proceeding is concluded) a right to have up to 20 days to identify the specific portions of the testimony as to which protection is sought and to specify the level of protection being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY"). Only those portions of the testimony that are appropriately designated for protection within the 20 days shall be covered by the provisions of this Stipulated Protective Order. Transcript pages containing Protected Material must be separately bound by the court reporter, who must affix to the top of each such page the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY," as instructed by the Party or non~party offering or sponsoring the witness or presenting the testimony (e) for information produced in some form other than documenta;y, and for any other tangl:)le iten'i,§.ma that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY." If only portions of the 5 s`i‘H»oi./wso Pso'rsc'rrva cuban Winsten & Stra\vn LLP 333 Snuth Grand Aveuue. 3811\ F!oor ms negates CA senn-1543 .b. \000-.10\¢.)\ 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 7 of 14 Case 3:05-cv~01398-JSW Document 24 Filed 11/17/2005 Page 7 of 15 information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portions, specifying whether they qualify as "CONF[DENTIAL" or as "HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYBS ONLY." 5.3 Inadvertent Failures to Designate. Ii` timely corrected, an inadvertent failure to designate qualified information or items as "CONFIDENTIAL" or ”HIGHL`Y CONFIDENTIAL ~ A'TTORNE`YS’ EYES ONLY" does not, standing alone, waive the Designating Party's right to secure protection under this Order for such material If` material is appropriately designated as "CONFIDENTIAL” or “HiGI~lLY CONPIDENTIAL -- ATTORNEYS’ EYES ONLY“ after the material was initially produced, the Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's confidentiality designation is necessary to avoid foreseeable substantial unfaimess, unnecessary economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its right to challenge a conndentiality designation by electing not to mount a challenge promptly after the original designation is disclosed 6.2 Meet and Cont`er. A Party that elects to initiate a challenge to a Designating Party*s confidentiality designation must do so in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of` conununication are not sufficient) with counsel for the Designating Party. In conferring the challenging Party must explain the basis for its belief that the confidentiality designation was not proper and must give the Designating Party an opportunity to review the designated material, to reconsider the circumstances, and, if 6 sriPuLATse raorscrrvs emma Wanston & Strawn LLP 333 Sotlth Grand Avenne, 38£§1 Flonr Los Ang¢lt$. CA 9&971-1543 wichth 00 10 11 12 13 14 15 is 17 is 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 8 of 14 Case 3:05-cv-01398-JSW Document 24 Filed 11/17/2005 Page 8 of 15 no change in designation is offered, to explain the basis for the chosen designation A challenging Party may proceed to the next stage of the challenge process only ii` it has engaged in this meet and confer process iirst. 6.3 Judicial Intervention, A Party that elects to press a challenge to a confidentiality designation after considering the justification offered by the Designating Party may file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local R.ule 79-5,, if applicable) that identities the challenged material and sets forth in detail the basis for the challenge Each such motion must be accompanied by a competent declaration that affirms that the movant has complied with the meet and confer requirements imposed in the preceding paragraph and that sets forth with specificity the justification for the confidentiality designation that was given by the Designating Party in the meet and confer dialogue The burden of persuasion in any such challenge proceeding shall be on the Desi.gnating Party. Until the court rules on the challenge, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party's designation 7. ACCBSS TO AND USE OF PROTECTE__D MATM 7,1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a non-party in connection with this case only for prosecuting defending or attempting to settle this litigation Such Protected Material maybe disclosed only to the categories of persons and under the conditions described in this Order. 'When the litigation has been terrninated., a Receiving Party must comply with the provisions of section l l, below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of "CONFIDENTIAL" Information or items Unless 7 srn-ui-Aran Pno'rscrrvs orman Winst¢m & Strawn LLF 333 Sou¢h Gcand Avenue. 38£1! F§oor’ Los Angefes. CA 900?1-1543 \DOG‘--IO\M-P»ba{\.)»-h NNNNN[\}MNN»_-r-¢)-Ms-Io-hg~lp-¢HHH GO*QO\LALWN!_‘O\DOG‘-\O\M~bl-HN*"‘O Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 9 of 14 Case 3:05-cv-01398-JSW Document 24 Fi|ad 11/17/2005 Page 9 0f15 otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated CONFIDENTIAL only to: (a) the Receiving Party's Outside Counsel of record in this action, as well as employees of said Counsel to whom it is reasonably necessary to disclose the information for this litigation and who have signed the "Agreetnent to Be Bound by Protective Order" that is attached hereto as Exhibit A; {b) the officers, directors and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and Who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A); (c) experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and Who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A); (d) the Conrt and its personnel; (e) court reporters, their staffs, and professional Vendors to whom disclosure is reasonably necessary fir this litigation and Who have signed the "Agreeinent to Be Bound by Protective Order" (Exhibit A); (t) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipnlated Protective Order. (g) the author of the document or the original source of the information 8 s'rlPuL-Arsn morach onn`t”:n Wmston & Strawn LLP 333 Soath Graad Avemue_. 38th Floor Los Angetes. CA 99071-1543 \DOO~'-..[G\U\-lh 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 10 of 14 Caso 3105-cv~01398-JSW Document 24 Filed 11/17/2005 Page 10 of 15 7.3 Disclosure of "HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY" Int`orrnation or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated "HIGI~ILY CONFIDENTIAL ~ ATTORNEYS’ EYES ONLY“ only to: (a) the Receiving Party's Outside Counsel of record in this action, as well as employees of said Counsel to whom it is reasonably necessary to disclose the information for this litigation and who have signed the "Agreernent to Be Bound by Protective Order" that is attached hereto as E)thibit A; (b) Experts (as defined in this Order) (l) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the "Agreement to Be Bound by Protective Order" (_Exhibit A); (c) the Court and its personnel; (d) court reporters, their staffs, and professional vendors to whom disclosure is reasonably necessary for this litigation and who have signed the "Agreernent to Be Bound by Protective Order" (Exhibit A); and (e) the author of the document or the original source of the information 8 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION Ii` a Receiving Palty is served with a subpoena or an order issued in other litigation that would compel disclosure of any information or items designated in this action as "CONFIDENTIAL" or "HIGI-ILY CONFIDENTIAL ~ ATTORNEYS' EYES ONLY," the R.eceiving Party must so notify the Designating Party, in writing (by i`ax, ifpossible) immediately and in no event more than three court days after receiving the subpoena or order. Such notification must include a copy of` the subpoena or court order. The Receiving Party also must immediately inform in writing the Party who 9 s‘i'IPuLATED rnor`s`:c'rwc cause Wmston & Strawn LLP 333 South Gmnd Avenne` 3801 Floor Los Angelei. CA 900?1-1543 NGOO\lC\Lh~I>~b-'N’_‘ NNNMNK\}MNNs-¢HH~_I~»-¢»-As_»a_~r-l OO“JO§LALWMHO\OOQ`IU\U\LWNHO Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/O5 Page 11 of 14 Casa 3:05~cv-O'I398-JSW Document24 Filed 11/17/2005 Page 11 of 15 caused the subpoena or order to issue in the other litigation that some or all the material covered by the subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that caused the subpoena or order to issue The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the subpoena or order issued The Designating Party shall bear the burdens and the expenses of seeking protection in that court of its confidential material - and nothing in these provisions should be construed as authorizing or encouraging a Recciving Party in this action to disobey a lawful directive from another court. 9. UNAUTHORlZE_D DISCLOSURE OF PROTECTED MATERIAL lf a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Desiguating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected l\/Iaterial, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the "Aclmowledgment and Agreernent to Be Bound" that is attached hereto as Exhibit A. 10. FILING PROTECTED MATERIAL Without written permission nom the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not tile in the public record in this action any Protected Material. A Party that seeks to tile under seal any Protected Material must comply with Civil Local Rule 79-5. 1 0 srtrm.nsn Pno“rsc'rrvs cuban Winston & Strawn LLP 333 Sou!!l Graud Avenue. 38£!: F£oor Los Ange¥e& CA 900? 1-1543 \DOO‘-JG‘\{J\LWN 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/05 Page 12 of 14 Case 3:05-cv-01398-JSW Document 24 Filed 11/17/2005 Page 12 of 15 11. FINAL DISPQM Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after the final termination of this action, each Receiving Party must return all Protected Material to the Producing Party. As used in this subdivision, "all Protected l\/Iaterial" includes all copies, abstracts, compilations, summaries or any other form of reproducing or capturng any of the Protected Material. With permission in writing from the Designating Party, the Receiving Party may destroy some or all of the Protected Material instead of returning it. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Paity) by the sixty day deadline that identities (by category, where appropriate) all the Protected Material that was returned or destroyed and that affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms of reproducing or capturing any of the Protected Material. Notwithstanding this provi.sion, Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda correspondence or attorney work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right ot` any person to seek its modification by the Court in the future 12.2 Right to Assert 0thcr Objections. By stipulating to the entry of this Protective Order no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protcctive Ordcri Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. l 1 srn>uLA¥H) rnort~:crrva o%sn Wmstou & Strawo LLP 333 Snut¥i Gr:md Aveutie. 38th Floor Los Angeles, CA 9007§-1543 \DOG'-.|CI'\Ul-h 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/O5 Page 13 of 14 Case 3:05-cv-01398~JSW Documant 24 Fi|od 11/17/2005 Page 13 of 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. fla Daree: Nevember,a, 2005 wms'roN a sTRAWN LLP LEE T. PATERSON AMANDA C. SOMMERFELD NICOLB M. DENOW mg {\) By: c "Hiii?n"ila . ommer e Attome s for Defendants BLACI¥& DECKER U.S. INC. and PORTER CABLE CO 0 TION ll Dated: ENovernber,Z, 2005 LAW OFFICES OF LUCIUS A. COOP BETH W. MORA By: ` " e . ora Attorne s for Plaintiff ROGE WORKING ORDER PUR.SUANT TO STIPULATION, I'I` IS SO ORDERED. Dated: November 21, 2005 12 srrrui.arso raorscrtvs catrett Winston & Stratvn LLP 333 Snuth Crnnd Avcnue, 38th Flcor Lns Aug¢l£$, CA 9657{»1543 ‘\ODG‘-JO\U'\-h-LHN'-‘ NNNNNNNNNMHHs-¢o-sw;_¢_»»_¢p» OG\I'O\V\LL»JN|-*C\OQD`-JQ\LA-R\WN'_‘C Case 3:05-cv-01398-.]SW Document 25 Filed 11/21/O5 Page 14 of 14 Case 3:05-cv*01398-JSW Document 24 Filed 11/17/2005 F’age 14 of 15 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I [print or type full name], of [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protcctive Order that was issued by the United States District Court for the Northern District of California on in the case of Working v. Blacl<: & Decker (U.S.) Inc., et al, Case No. CGS~OISQB JSW. l agree to comply with and to be bound by all the terms of this Stipulated Protective Order and l understand and acknowledge that failure to so comply could expose nieto sanctions and punishment in the nature of contempt I solemnly promise that l will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. l further agree to submit to the jurisdiction of the United States District Court for the Northern District of Calit`ornia for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or type full name] of [pn'nt or type full address and telephone number] as my Calit`ornia agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protcctive Order. Date: W_ --.-............ City and State where sworn and signed: Printed namer Signature: J.A=isms.z 13 s'rirnt.arso rno‘rscrrvr-: canon