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Lenden F. Webb (SBN 236377)
1 Christian B. Clark (SBN 330380)
WEBB LAW GROUP, APC
2 466 W. Fallbrook Ave. Suite 102
Fresno, CA 93711
3 Telephone: (559) 431-4888
Facsimile: (559) 821-4500
4 Email: LWebb@WebbLawGroup.com
Email: CClark@WebbLawGroup.com
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Attorney for Defendants and Cross Complainants
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7 Stephen P. Farkas (SBN 234060)
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CALLAHAN & BLAINE RECEIVED
3 Hutton Centre Drive, Ninth Floor 12/8/2020 1:00 PM
9 Santa Ana, California 92707 FRESNO COUNTY SUPERIOR COURT
Telephone: (714) 241-4444 By: K. Daves, Deputy
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Facsimile: (714) 241-4445
11 Email: SFarkas@Callahan-Law.com
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
Attorney for Plaintiff and Cross-Defendant Sanger Pumps and Supply, Inc.
Fresno, California 93711
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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15 COUNTY OF FRESNO
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SANGER PUMPS AND SUPPLY, INC., Case No. 19CECG04335
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Plaintiff, STIPULATION AND
18 PROTECTIVE ORDER
vs.
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SHAKTI PUMPS USA, LLC, a Florida
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Limited Liability Company; ASHISH RATHI
individually; and DOES 1 through 50,
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inclusive
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Defendants.
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SHAKTI PUMPS USA, LLC, a Florida
25 Limited Liability Company; ASHISH RATHI
individually.
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Cross-Complainant,
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vs.
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SANGER PUMPS AND SUPPLY, INC., a
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California Corporation; and ROES 1 through
50, inclusive
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Cross-Defendants.
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IT IS HEREBY STIPULATED by and between the Parties to Sanger Pumps and
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Supply, Inc. v. Shakti Pumps USA, LLC, et al. (Sanger Pumps and Supply, Inc. a California
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Corporation, Shakti Pumps USA, LLC, a Florida Limited Liability Company; Ashish Rathi, an
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individual), by and through their respective counsel of record, that in order to facilitate the
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exchange of information and documents which may be subject to confidentiality limitations on
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466 West Fallbrook Avenue, Suite 102
disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
WEBB LAW GROUP, APC
Fresno, California 93711
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1. In this Stipulation and Protective Order, the words set forth below shall have the
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following meanings:
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a. P ceed g ea the above-entitled proceeding (specify case
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number).
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b. C ea eH . Rosemary McGuire, or any other judge to which
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this Proceeding may be assigned, including Court staff participating in
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such proceedings.
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c. C f de a ea a f a n which is in the possession of
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a Designating Party who believes in good faith that such information
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is entitled to confidential treatment under applicable law.
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d. C f de a Ma e a ea a D c e , Te
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Information as def ed be de g a ed a C f de a a
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to the provisions of this Stipulation and Protective Order.
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e. De g a g Pa means the Party that designates Materials
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as C f de a.
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1 f. D c e D c ed D c e means to reveal, divulge,
2 give, or make available Materials, or any part thereof, or any information
3 contained therein.
4 g. D c e ea ()a W g, O g a, a d D ca e a
5 those terms are defined by California Evidence Code Sections 250, 255,
6 and 260, which have been produced in discovery in this Proceeding by
7 any person, and (ii) any copies, reproductions, or summaries of all or any
8 part of the foregoing.
9 h. I f a ea ec e fD c e Te .
10 i. Te ea s all depositions, declarations or other
11 testimony taken or used in this Proceeding.
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WEBB LAW GROUP, APC
2. T e De g a g Pa a a e e g de g ae a C f de a
Fresno, California 93711
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13 any Documents, Testimony or Information that the Designating Party in good faith believes to
14 contain non-public information that is entitled to confidential treatment under applicable law.
15 3. The entry of this Stipulation and Protective Order does not alter, waive, modify,
16 or abridge any right, privilege or protection otherwise available to any Party with respect to the
17 d c e f a e , c d gb ed a Pa g a e ea e -client
18 ege, ea e d c d c e, e ege , a Pa g
19 contest any such assertion.
20 4. A D c e , Te I f a be de g a ed a C f de a
21 must be clearly so designated before the Document, Testimony or Information is Disclosed or
22 produced. However, with respect to documents produced prior to entry of this Protective Order,
23 the parties may retroactively designate such documents until January 17, 2021. The parties
24 a ag ee a e ca e a e a d be ae be a f e C f de a
25 de g a . T e C f de a de g a d b c e e fe e e eg b
26 of the designated Information.
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1 a. For Documents (apart from transcripts of depositions or other pretrial or
2 trial proceedings), the Designating Party must affix the legend
3 C f de a eac age fa Document containing such
4 designated Confidential Material.
5 b. For Testimony given in depositions the Designating Party may either:
6 i. identify on the record, before the close of the deposition,
7 all C f de a Te ,b ec f ga f e
8 Testimony that qualify as C f de a;
9 ii. designate the entirety of the Testimony at the
10 deposition as C f de a (bef e e de
11 concluded) with the right to identify more
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
specific portions of the Testimony as to which protection is
Fresno, California 93711
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13 sought within 30 days following receipt of the deposition
14 transcript. In circumstances where portions of the deposition
15 Testimony are designated for protection, the transcript pages
16 containing C f de a I f a a be e a ae b d
17 by the court reporter, who must affix to the top of each page
18 e ege d C f de a, a c ed b e Designating
19 Party.
20 c. For Information produced in some form other than Documents, and for
21 any other tangible items, including, without limitation, compact discs or
22 DVDs, the Designating Party must affix in a prominent place on the
23 exterior of the container or containers in which the Information or
24 e ed e ege d C f de a. If f e
25 Information or item warrant protection, the Designating Party, to the
26 e e ac cab e, a de f e C f de a portions.
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1 5. The inadvertent production by any of the undersigned Parties or non-Parties to
2 the Proceedings of any Document, Testimony or Information during discovery in this
3 Proceeding a C f de a de g a , a be e d ce a ca a
4 such item is C f de a a d such Party shall not be held to have waived any rights by such
5 inadvertent production. In the event that any Document, Testimony or Information that is
6 subject to a C f de a de g a ad e e d ced c
7 designation, the Party that inadvertently produced the document shall give written notice of
8 such inadvertent production within twenty (20) days of discovery of the inadvertent production,
9 together with a further copy of the subject Document, Testimony or Information designated
10 a C f de a ( e I ad e e P d c N ce ). U ece f c I ad e e
11 Production Notice, the Party that received the inadvertently produced Document, Testimony
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WEBB LAW GROUP, APC
or Information shall promptly destroy the inadvertently produced Document, Testimony or
Fresno, California 93711
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13 Information and all copies thereof, or, at the expense of the producing Party, return such
14 together with all copies of such Document, Testimony or Information to counsel for the
15 producing Party and a ea e C f de a de g a ed Materials. Should the
16 receiving Party choose to destroy such inadvertently produced Document, Testimony or
17 Information, the receiving Party shall notify the producing Party in writing of such destruction
18 within ten (10) days of receipt of written notice of the inadvertent production. This provision is
19 not intended to apply to any inadvertent production of any Information protected by attorney-
20 client or work product privileges. In the event that this provision conflicts with any applicable
21 law regarding waiver of confidentiality through the inadvertent production of Documents
22 Testimony or Information, such law shall govern.
23 6. In the event that counsel for a Party receiving Documents, Testimony or
24 Information d c e de g a ed a C f de a b ec c de g a e ec
25 to any or all of such items, said counsel shall advise counsel for the Designating Party,
26 in writing, of such objections, the specific Documents, Testimony or Information to which
27 each objection pertains, and the specific reasons and support for such objections (the
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1 De g a Ob ec ). C e f e Designating Party shall have thirty (30) days from
2 receipt of the written Designation Objections to either (a) agree in writing to de-designate
3 Documents, Testimony or Information pursuant to any or all of the Designation Objections
4 and/or (b) file a motion with the Court seeking to uphold any or all designations on Documents,
5 Testimony or Information addressed by the Designation Objections ( e De g a
6 M ). Pe d ga e f e De g a M b eC ,a a d all existing
7 designations on the Documents, Testimony or Information at issue in such Motion shall remain
8 in place. The Designating Party shall have the burden on any Designation Motion of
9 e ab g ea cab f C f de a de g a . I ee e a e
10 Designation Objections are neither timely agreed to nor timely addressed in the Designation
11 Motion, then such Documents, Testimony or Information shall be de-designated in accordance
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
with the Designation Objection applicable to such material.
Fresno, California 93711
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13 7. Access to and/or Disclosure of Confidential Materials designated as
14 C f de a shall be permitted only to the following persons
15 a. the Court;
16 b. (1) Attorneys of record in the Proceedings and their affiliated
17 attorneys, paralegals, clerical and secretarial staff employed by such
18 attorneys who are actively involved in the Proceedings and are not
19 employees of any Party. (2) In-house counsel to the undersigned Parties
20 and the paralegal, clerical and secretarial staff employed by such
21 counsel. Provided, however, that each non-lawyer given access to
22 Confidential Materials shall be advised that such Materials are being
23 Disclosed pursuant to, and are subject to, the terms of this Stipulation
24 and Protective Order and that they may not be Disclosed other than
25 pursuant to its terms;
26 c. those officers, directors, partners, members, employees and agents of all
27 non designating Parties that counsel for such Parties deems necessary to
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1 aid counsel in the prosecution and defense of this Proceeding; provided,
2 however, that prior to the Disclosure of Confidential Materials to any
3 such officer, director, partner, member, employee or agent, counsel for
4 the Party making the Disclosure shall deliver a copy of this Stipulation
5 and Protective Order to such person, shall explain that such person is
6 bound to follow the terms of such Order, and shall secure the signature
7 of such person on a statement in the form attached hereto as Exhibit A
8 d. court reporters in this Proceeding (whether at depositions, hearings, or
9 any other proceeding);
10 e. any deposition, trial or hearing witness in the Proceeding who previously
11 has had access to the Confidential Materials, or who is currently or was
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
previously an officer, director, partner, member, employee or agent of an
Fresno, California 93711
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13 entity that has had access to the Confidential Materials;
14 f. any deposition or non-trial hearing witness in the Proceeding who
15 previously did not have access to the Confidential Materials; provided,
16 however, that each such witness given access to Confidential Materials
17 shall be advised that such Materials are being Disclosed pursuant to, and
18 are subject to, the terms of this Stipulation and Protective Order and that
19 they may not be Disclosed other than pursuant to its terms;
20 g. mock jury participants, provided, however, that prior to the Disclosure of
21 Confidential Materials to any such mock jury participant, counsel
22 for the Party making the Disclosure shall deliver a copy of this
23 Stipulation and Protective Order to such person, shall explain that such
24 person is bound to follow the terms of such Order, and shall secure the
25 signature of such person on a statement in the form attached hereto as
26 Exhibit A.
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1 h. outside experts or expert consultants consulted by the undersigned
2 Parties or their counsel in connection with the Proceeding, whether or
3 not retained to testify at any oral hearing; provided, however, that prior
4 to the Disclosure of Confidential Materials to any such expert or expert
5 consultant, counsel for the Party making the Disclosure shall deliver a
6 copy of this Stipulation and Protective Order to such person, shall
7 explain its terms to such person, and shall secure the signature of such
8 person on a statement in the form attached hereto as Exhibit A. It shall
9 be the obligation of counsel, upon learning of any breach or threatened
10 breach of this Stipulation and Protective Order by any such expert or
11 expert consultant, to promptly notify counsel for the Designating Party
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WEBB LAW GROUP, APC
of such breach or threatened breach; and
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13 i. any other person that the Designating Party agrees to in
14 writing.
15 8. Confidential Materials shall be used by the persons receiving them only for the
16 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting
17 and/or defending the Proceeding, and not for any business or other purpose whatsoever.
18 9. Any Party to the Proceeding (or other person subject to the terms of this
19 Stipulation and Protective Order) may ask the Court, after appropriate notice to the
20 other Parties to the Proceeding, to modify or grant relief from any provision of this
21 Stipulation and Protective Order.
22 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation
23 and Protective Order shall not:
24 a. operate as an admission by any person that any particular
25 Document, Te I f a a ed C f de a
26 contains or reflects trade secrets, proprietary confidential or
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1 competitively sensitive business, commercial, financial or
2 personal information; or
3 b. prejudice in any way the right of any Party (or any other person
4 subject to the terms of this Stipulation and Protective Order):
5 i. to seek a determination by the Court of whether any
6 particular Confidential Material should be subject to
7 ec a C f de a de e terms of this
8 Stipulation and Protective Order; or
9 ii. to seek relief from the Court on appropriate notice to all
10 other Parties to the Proceeding from any provision(s) of
11 this Stipulation and Protective Order, either generally or
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
as to any particular Document, Material or Information.
Fresno, California 93711
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13 11. Any Party to the Proceeding who has not executed this Stipulation and
14 Protective Order as of the time it is presented to the Court for signature may thereafter become
15 a Party to this S a a dP ec eO de b c e g ga d da gac
16 thereof and filing the same with the Court, and serving copies of such signed and dated copy
17 upon the other Parties to this Stipulation and Protective Order.
18 12. Any Information that may be produced by a non-Party witness in discovery in
19 the Proceeding pursuant to subpoena or otherwise may be designated by such non-Party
20 as C f de a de e e f S a a dP ec eO de , a da c
21 designation by a non-Party shall have the same force and effect, and create the same duties and
22 obligations, as if made by one of the undersigned Parties hereto. Any such designation shall
23 also function as a consent by such producing Party to the authority of the Court in the
24 Proceeding to resolve and conclusively determine any motion or other application made by any
25 person or Party with respect to such designation, or any other matter otherwise arising under
26 this Stipulation and Protective Order.
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1 13. If any person subject to this Stipulation and Protective Order who has custody of
2 any C f de a Ma e a ece e a b e a e ce ( S b e a ) from any
3 government or other person or entity demanding production of Confidential Materials, the
4 recipient of the Subpoena shall promptly give notice of the same by electronic mail
5 transmission, followed by either express mail or overnight delivery to counsel of record for the
6 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt
7 of this notice, the Designating Party may, in its sole discretion and at its own cost, move to
8 quash or limit the Subpoena, otherwise oppose production of the Confidential Materials,
9 and/or seek to obtain confidential treatment of such Confidential Materials from the
10 subpoenaing person or entity to the fullest extent available under law. The recipient of the
11 Subpoena may not produce any Documents, Testimony or Information pursuant to the
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
Subpoena prior to the date specified for production on the Subpoena.
Fresno, California 93711
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13 14. Nothing in this Stipulation and Protective Order shall be construed to preclude
14 either Party from asserting in good faith that certain Confidential Materials require additional
15 protection. The Parties shall meet and confer to agree upon the terms of such additional
16 protection.
17 15. If, after execution of this Stipulation and Protective Order, any
18 Confidential Materials submitted by a Designating Party under the terms of this Stipulation and
19 Protective Order is Disclosed by a non-Designating Party to any person other than in the
20 manner authorized by this Stipulation and Protective Order, the non-Designating Party
21 responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure of such
22 Confidential Materials to the immediate attention of the Designating Party
23 16. This Stipulation and Protective Order is entered into without prejudice to the
24 right of any Party to knowingly waive the applicability of this Stipulation and Protective Order
25 to any Confidential Materials designated by that Party. If the Designating Party uses
26 Confidential Materials in a non-Confidential manner, then the Designating Party shall advise
27 that the designation no longer applies.
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1 17. Where any Confidential Materials, or Information derived from
2 Confidential Materials, is included in any motion or other proceeding governed by California
3 Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to
4 discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550
5 and 2.551, the following shall apply: If Confidential Materials or Information derived from
6 Confidential Materials are submitted to or otherwise disclosed to the Court in connection
7 with discovery motions and proceedings, the same shall be separately filed under seal with
8 the clerk of the Court in an envelope a ed: CONFIDENTIAL FILED UNDER SEAL
9 PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING
10 ORDER REQUIRED.
11 18. The Parties shall meet and confer regarding the procedures for use of
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
Confidential Materials at trial and shall move the Court for entry of an appropriate order.
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13 19. Nothing in this Stipulation and Protective Order shall affect the admissibility
14 into evidence of Confidential Materials, or abridge the rights of any person to seek judicial
15 review or to pursue other appropriate judicial action with respect to any ruling made by the
16 Court concerning the issue of the status of Protected Material.
17 20. This Stipulation and Protective Order shall continue to be binding after
18 the conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding,
19 except that a Party may seek the written permission of the Designating Party or may move the
20 Court for relief from the provisions of this Stipulation and Protective Order. To the extent
21 permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this
22 Stipulation and Protective Order, even after the Proceeding is terminated.
23 21. Upon written request made within thirty (30) days after the settlement or other
24 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
25 promptly return to counsel for each Designating Party all Confidential Materials and all copies
26 thereof (except that counsel for each Party may maintain in its files, in continuing compliance
27 with the terms of this Stipulation and Protective Order, all work product, and one copy of each
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By-
Attorf~e1 sf()r Plaintiffs
1
2 ORDER
3 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and
4 Protective Order.
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6 IT IS SO ORDERED.
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10 Dated: ___________________ __________________________________
11 The Hon. Judge______________________
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
Fresno, California 93711
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EXHIBIT A
1
CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
2
I hereby acknowledge that I, ____________________[NAME],
3
________________________________ [POSITION AND EMPLOYER], am about to
4 receive Confidential Materials supplied in connection with the Proceeding, (Sanger Pumps and
5 Supply Inc. vs. Shakti Pumps, USA, LLC, et al. [Superior Court of California, County of
6
Fresno Case No. 19CECG04335]). I certify that I understand that the Confidential Materials are
provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed
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in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have
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read it, and I agree to be bound by its terms.
9 I understand that Confidential Materials, as defined in the Stipulation and Protective
10 Order, including any notes or other records that may be made regarding any such materials,
11 shall not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective
466 West Fallbrook Avenue, Suite 102
WEBB LAW GROUP, APC
Order. I will not copy or use, except solely for the purposes of this Proceeding, any
Fresno, California 93711
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Confidential Materials obtained pursuant to this Protective Order, except as provided therein or
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otherwise ordered by the Court in the Proceeding.
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I further understand that I am to retain all copies of all Confidential Materials provided
15 to me in the Proceeding in a secure manner, and that all copies of such Materials are to remain
16 in my personal custody until termination of my participation in this Proceeding, whereupon the
17 copies of such Materials will be returned to counsel who provided me with such Materials. I
declare under penalty of perjury, under the laws of the State of California, that the foregoing is
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true and correct. Executed this __________day of _______________, 20_______, at
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____________________.
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21 DATED:_____________________ BY: ____________________________
Signature
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____________________________
23 Title
____________________________
24 Address
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____________________________
City, State, Zip
26 ____________________________
Telephone Number
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1 PROOF OF SERVICE
2
STATE OF CALIFORNIA, COUNTY OF FRESNO
3
I am employed in the County of San Diego, State of California. I am over the age of 18
4 and not a party to the within action; my primary business address is: 466 West Fallbrook
5
Avenue, Suite 102, Fresno, California 93711. My e-mail address is
Office@WebbLawGroup.com.
6
On December 8, 2020 I caused the service of document(s) described as:
7
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1. [PROPOSED] STIPULATION AND PROTECTIVE ORDER
9 on the interested parties in this action by placing a true copy thereof enclosed in a sealed
envelope at: San Diego, California, addressed as follows:
10
11 Stephen P. Farkas
CALLAHAN & BLAINE
12 3 Hutton Centre Drive, Ninth Floor
466 West Fallbrook Avenue, Suite 102
Santa Ana, California 92707
WEBB LAW GROUP, APC
13
Telephone: (714) 241-4444
Fresno, California 93711
14 Facsimile: (714) 241-4445
Email: SFarkas@Callahan-Law.com
15 Email: MWalters@Callahan-Law.com
Attorney for Plaintiff and Cross-Defendant
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Sanger Pumps and Supply, Inc.
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(BY MAIL) I am readil familiar ih his b siness prac ice for collec ion and
I
18 processing of correspondence for mailing, and that correspondence, with postage thereon
fully prepaid, will be deposited with the U.S. Postal Service on the date hereinabove in
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the ordinary course of business, at San Diego, California.
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XX (BY E-MAIL) I caused the above-referenced document(s) to be electronically mailed to
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21 the offices of the addressee(s) as a courtesy, pursuant to an applicable code or a valid
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stipulation. (Stipulation for service via email as if served via U.S. Mail on Stephen P.
Farkas entered into on August 18, 2020.) I did not receive, within a reasonable time
23 after the transmission, any electronic message or other indication that the transmission
was unsuccessful.
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Executed on December 8, 2020, at San Diego, California.
26 XX (STATE) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
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28 __________________________________
WILLIAM C. STANINGER
Preview
Lenden F. Webb (SBN 236377) 1 Christian B. Clark (SBN 330380) WEBB LAW GROUP, APC 2 466 W. Fallbrook Ave. Suite 102 Fresno, CA 93711 3 Telephone: (559) 431-4888 Facsimile: (559) 821-4500 4 Email: LWebb@WebbLawGroup.com Email: CClark@WebbLawGroup.com 5 Attorney for Defendants and Cross Complainants 6 7 Stephen P. Farkas (SBN 234060) 8 CALLAHAN & BLAINE RECEIVED 3 Hutton Centre Drive, Ninth Floor 12/8/2020 1:00 PM 9 Santa Ana, California 92707 FRESNO COUNTY SUPERIOR COURT Telephone: (714) 241-4444 By: K. Daves, Deputy 10 Facsimile: (714) 241-4445 11 Email: SFarkas@Callahan-Law.com 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC Attorney for Plaintiff and Cross-Defendant Sanger Pumps and Supply, Inc. Fresno, California 93711 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 15 COUNTY OF FRESNO 16 SANGER PUMPS AND SUPPLY, INC., Case No. 19CECG04335 17 Plaintiff, STIPULATION AND 18 PROTECTIVE ORDER vs. 19 SHAKTI PUMPS USA, LLC, a Florida 20 Limited Liability Company; ASHISH RATHI individually; and DOES 1 through 50, 21 inclusive 22 Defendants. 23 24 SHAKTI PUMPS USA, LLC, a Florida 25 Limited Liability Company; ASHISH RATHI individually. 26 Cross-Complainant, 27 28 -1- vs. 1 SANGER PUMPS AND SUPPLY, INC., a 2 California Corporation; and ROES 1 through 50, inclusive 3 4 Cross-Defendants. 5 6 IT IS HEREBY STIPULATED by and between the Parties to Sanger Pumps and 7 Supply, Inc. v. Shakti Pumps USA, LLC, et al. (Sanger Pumps and Supply, Inc. a California 8 Corporation, Shakti Pumps USA, LLC, a Florida Limited Liability Company; Ashish Rathi, an 9 individual), by and through their respective counsel of record, that in order to facilitate the 10 exchange of information and documents which may be subject to confidentiality limitations on 11 466 West Fallbrook Avenue, Suite 102 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows: WEBB LAW GROUP, APC Fresno, California 93711 12 1. In this Stipulation and Protective Order, the words set forth below shall have the 13 following meanings: 14 a. P ceed g ea the above-entitled proceeding (specify case 15 number). 16 b. C ea eH . Rosemary McGuire, or any other judge to which 17 this Proceeding may be assigned, including Court staff participating in 18 such proceedings. 19 c. C f de a ea a f a n which is in the possession of 20 a Designating Party who believes in good faith that such information 21 is entitled to confidential treatment under applicable law. 22 d. C f de a Ma e a ea a D c e , Te 23 Information as def ed be de g a ed a C f de a a 24 to the provisions of this Stipulation and Protective Order. 25 e. De g a g Pa means the Party that designates Materials 26 as C f de a. 27 28 -2- 1 f. D c e D c ed D c e means to reveal, divulge, 2 give, or make available Materials, or any part thereof, or any information 3 contained therein. 4 g. D c e ea ()a W g, O g a, a d D ca e a 5 those terms are defined by California Evidence Code Sections 250, 255, 6 and 260, which have been produced in discovery in this Proceeding by 7 any person, and (ii) any copies, reproductions, or summaries of all or any 8 part of the foregoing. 9 h. I f a ea ec e fD c e Te . 10 i. Te ea s all depositions, declarations or other 11 testimony taken or used in this Proceeding. 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC 2. T e De g a g Pa a a e e g de g ae a C f de a Fresno, California 93711 12 13 any Documents, Testimony or Information that the Designating Party in good faith believes to 14 contain non-public information that is entitled to confidential treatment under applicable law. 15 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, 16 or abridge any right, privilege or protection otherwise available to any Party with respect to the 17 d c e f a e , c d gb ed a Pa g a e ea e -client 18 ege, ea e d c d c e, e ege , a Pa g 19 contest any such assertion. 20 4. A D c e , Te I f a be de g a ed a C f de a 21 must be clearly so designated before the Document, Testimony or Information is Disclosed or 22 produced. However, with respect to documents produced prior to entry of this Protective Order, 23 the parties may retroactively designate such documents until January 17, 2021. The parties 24 a ag ee a e ca e a e a d be ae be a f e C f de a 25 de g a . T e C f de a de g a d b c e e fe e e eg b 26 of the designated Information. 27 28 -3- 1 a. For Documents (apart from transcripts of depositions or other pretrial or 2 trial proceedings), the Designating Party must affix the legend 3 C f de a eac age fa Document containing such 4 designated Confidential Material. 5 b. For Testimony given in depositions the Designating Party may either: 6 i. identify on the record, before the close of the deposition, 7 all C f de a Te ,b ec f ga f e 8 Testimony that qualify as C f de a; 9 ii. designate the entirety of the Testimony at the 10 deposition as C f de a (bef e e de 11 concluded) with the right to identify more 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC specific portions of the Testimony as to which protection is Fresno, California 93711 12 13 sought within 30 days following receipt of the deposition 14 transcript. In circumstances where portions of the deposition 15 Testimony are designated for protection, the transcript pages 16 containing C f de a I f a a be e a ae b d 17 by the court reporter, who must affix to the top of each page 18 e ege d C f de a, a c ed b e Designating 19 Party. 20 c. For Information produced in some form other than Documents, and for 21 any other tangible items, including, without limitation, compact discs or 22 DVDs, the Designating Party must affix in a prominent place on the 23 exterior of the container or containers in which the Information or 24 e ed e ege d C f de a. If f e 25 Information or item warrant protection, the Designating Party, to the 26 e e ac cab e, a de f e C f de a portions. 27 28 -4- 1 5. The inadvertent production by any of the undersigned Parties or non-Parties to 2 the Proceedings of any Document, Testimony or Information during discovery in this 3 Proceeding a C f de a de g a , a be e d ce a ca a 4 such item is C f de a a d such Party shall not be held to have waived any rights by such 5 inadvertent production. In the event that any Document, Testimony or Information that is 6 subject to a C f de a de g a ad e e d ced c 7 designation, the Party that inadvertently produced the document shall give written notice of 8 such inadvertent production within twenty (20) days of discovery of the inadvertent production, 9 together with a further copy of the subject Document, Testimony or Information designated 10 a C f de a ( e I ad e e P d c N ce ). U ece f c I ad e e 11 Production Notice, the Party that received the inadvertently produced Document, Testimony 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC or Information shall promptly destroy the inadvertently produced Document, Testimony or Fresno, California 93711 12 13 Information and all copies thereof, or, at the expense of the producing Party, return such 14 together with all copies of such Document, Testimony or Information to counsel for the 15 producing Party and a ea e C f de a de g a ed Materials. Should the 16 receiving Party choose to destroy such inadvertently produced Document, Testimony or 17 Information, the receiving Party shall notify the producing Party in writing of such destruction 18 within ten (10) days of receipt of written notice of the inadvertent production. This provision is 19 not intended to apply to any inadvertent production of any Information protected by attorney- 20 client or work product privileges. In the event that this provision conflicts with any applicable 21 law regarding waiver of confidentiality through the inadvertent production of Documents 22 Testimony or Information, such law shall govern. 23 6. In the event that counsel for a Party receiving Documents, Testimony or 24 Information d c e de g a ed a C f de a b ec c de g a e ec 25 to any or all of such items, said counsel shall advise counsel for the Designating Party, 26 in writing, of such objections, the specific Documents, Testimony or Information to which 27 each objection pertains, and the specific reasons and support for such objections (the 28 -5- 1 De g a Ob ec ). C e f e Designating Party shall have thirty (30) days from 2 receipt of the written Designation Objections to either (a) agree in writing to de-designate 3 Documents, Testimony or Information pursuant to any or all of the Designation Objections 4 and/or (b) file a motion with the Court seeking to uphold any or all designations on Documents, 5 Testimony or Information addressed by the Designation Objections ( e De g a 6 M ). Pe d ga e f e De g a M b eC ,a a d all existing 7 designations on the Documents, Testimony or Information at issue in such Motion shall remain 8 in place. The Designating Party shall have the burden on any Designation Motion of 9 e ab g ea cab f C f de a de g a . I ee e a e 10 Designation Objections are neither timely agreed to nor timely addressed in the Designation 11 Motion, then such Documents, Testimony or Information shall be de-designated in accordance 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC with the Designation Objection applicable to such material. Fresno, California 93711 12 13 7. Access to and/or Disclosure of Confidential Materials designated as 14 C f de a shall be permitted only to the following persons 15 a. the Court; 16 b. (1) Attorneys of record in the Proceedings and their affiliated 17 attorneys, paralegals, clerical and secretarial staff employed by such 18 attorneys who are actively involved in the Proceedings and are not 19 employees of any Party. (2) In-house counsel to the undersigned Parties 20 and the paralegal, clerical and secretarial staff employed by such 21 counsel. Provided, however, that each non-lawyer given access to 22 Confidential Materials shall be advised that such Materials are being 23 Disclosed pursuant to, and are subject to, the terms of this Stipulation 24 and Protective Order and that they may not be Disclosed other than 25 pursuant to its terms; 26 c. those officers, directors, partners, members, employees and agents of all 27 non designating Parties that counsel for such Parties deems necessary to 28 -6- 1 aid counsel in the prosecution and defense of this Proceeding; provided, 2 however, that prior to the Disclosure of Confidential Materials to any 3 such officer, director, partner, member, employee or agent, counsel for 4 the Party making the Disclosure shall deliver a copy of this Stipulation 5 and Protective Order to such person, shall explain that such person is 6 bound to follow the terms of such Order, and shall secure the signature 7 of such person on a statement in the form attached hereto as Exhibit A 8 d. court reporters in this Proceeding (whether at depositions, hearings, or 9 any other proceeding); 10 e. any deposition, trial or hearing witness in the Proceeding who previously 11 has had access to the Confidential Materials, or who is currently or was 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC previously an officer, director, partner, member, employee or agent of an Fresno, California 93711 12 13 entity that has had access to the Confidential Materials; 14 f. any deposition or non-trial hearing witness in the Proceeding who 15 previously did not have access to the Confidential Materials; provided, 16 however, that each such witness given access to Confidential Materials 17 shall be advised that such Materials are being Disclosed pursuant to, and 18 are subject to, the terms of this Stipulation and Protective Order and that 19 they may not be Disclosed other than pursuant to its terms; 20 g. mock jury participants, provided, however, that prior to the Disclosure of 21 Confidential Materials to any such mock jury participant, counsel 22 for the Party making the Disclosure shall deliver a copy of this 23 Stipulation and Protective Order to such person, shall explain that such 24 person is bound to follow the terms of such Order, and shall secure the 25 signature of such person on a statement in the form attached hereto as 26 Exhibit A. 27 28 -7- 1 h. outside experts or expert consultants consulted by the undersigned 2 Parties or their counsel in connection with the Proceeding, whether or 3 not retained to testify at any oral hearing; provided, however, that prior 4 to the Disclosure of Confidential Materials to any such expert or expert 5 consultant, counsel for the Party making the Disclosure shall deliver a 6 copy of this Stipulation and Protective Order to such person, shall 7 explain its terms to such person, and shall secure the signature of such 8 person on a statement in the form attached hereto as Exhibit A. It shall 9 be the obligation of counsel, upon learning of any breach or threatened 10 breach of this Stipulation and Protective Order by any such expert or 11 expert consultant, to promptly notify counsel for the Designating Party 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC of such breach or threatened breach; and Fresno, California 93711 12 13 i. any other person that the Designating Party agrees to in 14 writing. 15 8. Confidential Materials shall be used by the persons receiving them only for the 16 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting 17 and/or defending the Proceeding, and not for any business or other purpose whatsoever. 18 9. Any Party to the Proceeding (or other person subject to the terms of this 19 Stipulation and Protective Order) may ask the Court, after appropriate notice to the 20 other Parties to the Proceeding, to modify or grant relief from any provision of this 21 Stipulation and Protective Order. 22 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation 23 and Protective Order shall not: 24 a. operate as an admission by any person that any particular 25 Document, Te I f a a ed C f de a 26 contains or reflects trade secrets, proprietary confidential or 27 28 -8- 1 competitively sensitive business, commercial, financial or 2 personal information; or 3 b. prejudice in any way the right of any Party (or any other person 4 subject to the terms of this Stipulation and Protective Order): 5 i. to seek a determination by the Court of whether any 6 particular Confidential Material should be subject to 7 ec a C f de a de e terms of this 8 Stipulation and Protective Order; or 9 ii. to seek relief from the Court on appropriate notice to all 10 other Parties to the Proceeding from any provision(s) of 11 this Stipulation and Protective Order, either generally or 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC as to any particular Document, Material or Information. Fresno, California 93711 12 13 11. Any Party to the Proceeding who has not executed this Stipulation and 14 Protective Order as of the time it is presented to the Court for signature may thereafter become 15 a Party to this S a a dP ec eO de b c e g ga d da gac 16 thereof and filing the same with the Court, and serving copies of such signed and dated copy 17 upon the other Parties to this Stipulation and Protective Order. 18 12. Any Information that may be produced by a non-Party witness in discovery in 19 the Proceeding pursuant to subpoena or otherwise may be designated by such non-Party 20 as C f de a de e e f S a a dP ec eO de , a da c 21 designation by a non-Party shall have the same force and effect, and create the same duties and 22 obligations, as if made by one of the undersigned Parties hereto. Any such designation shall 23 also function as a consent by such producing Party to the authority of the Court in the 24 Proceeding to resolve and conclusively determine any motion or other application made by any 25 person or Party with respect to such designation, or any other matter otherwise arising under 26 this Stipulation and Protective Order. 27 28 -9- 1 13. If any person subject to this Stipulation and Protective Order who has custody of 2 any C f de a Ma e a ece e a b e a e ce ( S b e a ) from any 3 government or other person or entity demanding production of Confidential Materials, the 4 recipient of the Subpoena shall promptly give notice of the same by electronic mail 5 transmission, followed by either express mail or overnight delivery to counsel of record for the 6 Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt 7 of this notice, the Designating Party may, in its sole discretion and at its own cost, move to 8 quash or limit the Subpoena, otherwise oppose production of the Confidential Materials, 9 and/or seek to obtain confidential treatment of such Confidential Materials from the 10 subpoenaing person or entity to the fullest extent available under law. The recipient of the 11 Subpoena may not produce any Documents, Testimony or Information pursuant to the 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC Subpoena prior to the date specified for production on the Subpoena. Fresno, California 93711 12 13 14. Nothing in this Stipulation and Protective Order shall be construed to preclude 14 either Party from asserting in good faith that certain Confidential Materials require additional 15 protection. The Parties shall meet and confer to agree upon the terms of such additional 16 protection. 17 15. If, after execution of this Stipulation and Protective Order, any 18 Confidential Materials submitted by a Designating Party under the terms of this Stipulation and 19 Protective Order is Disclosed by a non-Designating Party to any person other than in the 20 manner authorized by this Stipulation and Protective Order, the non-Designating Party 21 responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure of such 22 Confidential Materials to the immediate attention of the Designating Party 23 16. This Stipulation and Protective Order is entered into without prejudice to the 24 right of any Party to knowingly waive the applicability of this Stipulation and Protective Order 25 to any Confidential Materials designated by that Party. If the Designating Party uses 26 Confidential Materials in a non-Confidential manner, then the Designating Party shall advise 27 that the designation no longer applies. 28 - 10 - 1 17. Where any Confidential Materials, or Information derived from 2 Confidential Materials, is included in any motion or other proceeding governed by California 3 Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to 4 discovery motions or other proceedings not governed by California Rules of Court, Rules 2.550 5 and 2.551, the following shall apply: If Confidential Materials or Information derived from 6 Confidential Materials are submitted to or otherwise disclosed to the Court in connection 7 with discovery motions and proceedings, the same shall be separately filed under seal with 8 the clerk of the Court in an envelope a ed: CONFIDENTIAL FILED UNDER SEAL 9 PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING 10 ORDER REQUIRED. 11 18. The Parties shall meet and confer regarding the procedures for use of 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC Confidential Materials at trial and shall move the Court for entry of an appropriate order. Fresno, California 93711 12 13 19. Nothing in this Stipulation and Protective Order shall affect the admissibility 14 into evidence of Confidential Materials, or abridge the rights of any person to seek judicial 15 review or to pursue other appropriate judicial action with respect to any ruling made by the 16 Court concerning the issue of the status of Protected Material. 17 20. This Stipulation and Protective Order shall continue to be binding after 18 the conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, 19 except that a Party may seek the written permission of the Designating Party or may move the 20 Court for relief from the provisions of this Stipulation and Protective Order. To the extent 21 permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this 22 Stipulation and Protective Order, even after the Proceeding is terminated. 23 21. Upon written request made within thirty (30) days after the settlement or other 24 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 25 promptly return to counsel for each Designating Party all Confidential Materials and all copies 26 thereof (except that counsel for each Party may maintain in its files, in continuing compliance 27 with the terms of this Stipulation and Protective Order, all work product, and one copy of each 28 - 11 - By- Attorf~e1 sf()r Plaintiffs 1 2 ORDER 3 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and 4 Protective Order. 5 6 IT IS SO ORDERED. 7 8 9 10 Dated: ___________________ __________________________________ 11 The Hon. Judge______________________ 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC Fresno, California 93711 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - EXHIBIT A 1 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 2 I hereby acknowledge that I, ____________________[NAME], 3 ________________________________ [POSITION AND EMPLOYER], am about to 4 receive Confidential Materials supplied in connection with the Proceeding, (Sanger Pumps and 5 Supply Inc. vs. Shakti Pumps, USA, LLC, et al. [Superior Court of California, County of 6 Fresno Case No. 19CECG04335]). I certify that I understand that the Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed 7 in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have 8 read it, and I agree to be bound by its terms. 9 I understand that Confidential Materials, as defined in the Stipulation and Protective 10 Order, including any notes or other records that may be made regarding any such materials, 11 shall not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective 466 West Fallbrook Avenue, Suite 102 WEBB LAW GROUP, APC Order. I will not copy or use, except solely for the purposes of this Proceeding, any Fresno, California 93711 12 Confidential Materials obtained pursuant to this Protective Order, except as provided therein or 13 otherwise ordered by the Court in the Proceeding. 14 I further understand that I am to retain all copies of all Confidential Materials provided 15 to me in the Proceeding in a secure manner, and that all copies of such Materials are to remain 16 in my personal custody until termination of my participation in this Proceeding, whereupon the 17 copies of such Materials will be returned to counsel who provided me with such Materials. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is 18 true and correct. Executed this __________day of _______________, 20_______, at 19 ____________________. 20 21 DATED:_____________________ BY: ____________________________ Signature 22 ____________________________ 23 Title ____________________________ 24 Address 25 ____________________________ City, State, Zip 26 ____________________________ Telephone Number 27 28 - 14 - 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF FRESNO 3 I am employed in the County of San Diego, State of California. I am over the age of 18 4 and not a party to the within action; my primary business address is: 466 West Fallbrook 5 Avenue, Suite 102, Fresno, California 93711. My e-mail address is Office@WebbLawGroup.com. 6 On December 8, 2020 I caused the service of document(s) described as: 7 8 1. [PROPOSED] STIPULATION AND PROTECTIVE ORDER 9 on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope at: San Diego, California, addressed as follows: 10 11 Stephen P. Farkas CALLAHAN & BLAINE 12 3 Hutton Centre Drive, Ninth Floor 466 West Fallbrook Avenue, Suite 102 Santa Ana, California 92707 WEBB LAW GROUP, APC 13 Telephone: (714) 241-4444 Fresno, California 93711 14 Facsimile: (714) 241-4445 Email: SFarkas@Callahan-Law.com 15 Email: MWalters@Callahan-Law.com Attorney for Plaintiff and Cross-Defendant 16 Sanger Pumps and Supply, Inc. 17 (BY MAIL) I am readil familiar ih his b siness prac ice for collec ion and I 18 processing of correspondence for mailing, and that correspondence, with postage thereon fully prepaid, will be deposited with the U.S. Postal Service on the date hereinabove in 19 the ordinary course of business, at San Diego, California. 20 XX (BY E-MAIL) I caused the above-referenced document(s) to be electronically mailed to I 21 the offices of the addressee(s) as a courtesy, pursuant to an applicable code or a valid 22 stipulation. (Stipulation for service via email as if served via U.S. Mail on Stephen P. Farkas entered into on August 18, 2020.) I did not receive, within a reasonable time 23 after the transmission, any electronic message or other indication that the transmission was unsuccessful. 24 25 Executed on December 8, 2020, at San Diego, California. 26 XX (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 27 j -~ 28 __________________________________ WILLIAM C. STANINGER