1

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

28

[PROPOSED] PROTECTIVE ORDER 

WILKE, FLEURY, HOFFELT, GOULD 

 & BIRNEY, LLP 

WILLIAM A. GOULD (SBN 035446) 

DANIEL L. BAXTER (SBN 203862) 

400 Capitol Mall, Twenty-Second Floor 

Sacramento, California 95814 

Telephone: (916) 441-2430 

Facsimile: (916) 442-6664 

Attorneys for Defendants HOLLISTER 

INCORPORATED, HOLLISTER EMPLOYEE SHARE 

OWNERSHIP TRUST; THE FIRM OF JOHN 

DICKINSON SCHNEIDER, INC.; SAMUEL 

BRILLIANT, JAMES J. McCORMACK, JAMES A. 

KARLOVSKY and RICHARD T. ZWIRNER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA 

JAMES P. DeFAZIO, 

Plaintiff, 

vs. 

HOLLISTER, INC.; et. al., 

Defendants. 

Case No.: CIV.S-04-1358 WBS GGH 

PROTECTIVE ORDER 

Magistrate Judge: Gregory G. Hollows 

Complaint 

Filed: July 15, 2004 

KATHLEEN ELLIS, 

Plaintiff, 

vs. 

HOLLISTER INCORPORATED et al., 

Defendants. 

Case No. CIV. S-05-559 WBS GGH 

Magistrate Judge: Gregory G. Hollows 

Complaint 

Filed: March 22, 2005 

BRENDA DIMARO and 

HOLLIE LAVICK, 

Plaintiffs, 

vs. 

HOLLISTER INCORPORATED, et al.,

Defendants. 

Case No. CIV. S-05-1726 WBS GGH 

Magistrate Judge: Gregory G. Hollows 

Complaint 

Filed: August 25, 2005

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 1 of 15
1

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

28

-1- 

[PROPOSED] PROTECTIVE ORDER 

Upon consideration of the Motion of defendants Hollister Incorporated, 

The Firm of John Dickinson Schneider, Inc., Hollister Employee Share 

Ownership Trust, Samuel Brilliant, James A. Karlovsky, James J. McCormack 

and Richard T. Zwirner, THE COURT HEREBY ORDERS:

1. Good Cause. The Court determines that there is good cause to 

enter this Protective Order pursuant to Federal Rule of Civil Procedure 26(c) 

(“Protective Order”) to protect confidential information and materials which may 

be made available in the course of discovery in this case. For example, 

plaintiffs seek discovery of matters pertaining to the financial condition of 

Hollister and JDS, which are private, closely-held companies. Hollister and 

JDS maintain information concerning their financial condition in confidence. 

Unrestricted disclosure or use of Hollister’s or JDS’s financial information could 

cause those entities to incur competitive disadvantage, particularly in view of 

the employment of plaintiff Kathleen Ellis by Coloplast, a direct competitor of 

Hollister’s. 

2. Scope. This Protective Order provides a procedure to protect the 

confidentiality of documents, deposition testimony and transcripts, deposition 

exhibits, interrogatory responses, admissions, affidavits and exhibits thereto, or 

other information produced, given, or exchanged by and among the parties and 

any non-parties to this litigation who elect to be protected pursuant to the 

terms of this Protective Order (collectively, the “Discovery Material”). Any party 

or any other person who has been called upon to produce any Discovery 

Material in this action may apply to this Court to determine, whether any 

identified Discovery Material should be maintained as confidential pursuant to 

this Protective Order. The term “Document” includes but is not limited to any 

writing, electronic or otherwise, recording, or photograph as those terms are 

defined in Federal Rule of Evidence 1001. 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 2 of 15
1

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

28

-2- 

[PROPOSED] PROTECTIVE ORDER 

3. No Use For Other Purposes. Any Discovery Material that is 

designated as “Confidential” or “Attorneys Eyes Only” shall, pending a further 

determination by this Court, be used only for the purpose of conducting this 

litigation (which includes only the three above-captioned consolidated cases), 

including any and all appeals in any of those cases. 

4. Producing Person. Any person or entity who produces any 

Discovery Material, and any person who generated or has rights in any 

Discovery Material, shall be referred to herein as a “Producing Person or 

Producing Persons.” 

5. Confidential Discovery Material. Any Producing Person may 

designate as “Confidential” any Discovery Material containing trade secrets, or 

information that it, he or she considers to be material, non-public information, 

or information that invades the financial privacy of any person, Producing 

Person or otherwise. 

6. Procedure for Designation of Discovery Material as

Confidential. Discovery Material, as described in ¶5, above, may be designated 

as “Confidential” as follows: 

(a) In the case of documents or other materials (apart from 

deposition transcripts or other pretrial testimony) produced by a party, 

designation shall be made by the Producing Person stamping or affixing 

the word “Confidential” on each page of any document that constitutes 

Confidential Discovery Material. In the case of documents produced by 

any person or persons who are not parties to this action, those persons 

can also designate documents as “Confidential”, or such a designation 

can be made by giving notice to all parties to this action, through their 

counsel of record, of such a designation within a reasonable time after 

production is made. Notwithstanding the foregoing, a failure to designate 

a document, or pages of a document, as “Confidential” by itself does not 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 3 of 15
1

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

28

-3- 

[PROPOSED] PROTECTIVE ORDER 

constitute a waiver of the right to do so later. However, any disclosure of 

such a document, or pages of a document, prior to its (or their) 

designation as “Confidential” shall not be a violation of this Order. A 

Producing Person may designate a document, or pages of a document, as 

“Confidential” after the document has been produced by providing all 

parties to this action, through their respective counsel of record, with 

written notice of the designation, whereupon the receiving party, and all 

other parties, shall treat the document, or pages of the document, so 

designated as “Confidential” in accordance with the terms and conditions 

of this Protective Order. 

(b) In the case of deposition testimony or other pre-trial 

testimony (including exhibits), the “confidential” designation shall be 

made by (i) a statement on the record by counsel for the Producing Person 

at the time the testimony is provided; or (ii) written notice sent by counsel 

for the party asserting confidentiality to all parties and, if applicable, to 

the non-party witness, within 30 days of receiving a copy of the transcript 

of such testimony. No disclosure shall be made of any deposition or other 

pre-trial testimony until after the passage of 30 days from the receipt by 

all parties of a copy of the transcript of such testimony. 

7. Procedure For Review Of The “Confidential” Designation. Once 

any Discovery Material is designated as “Confidential”, its use shall be limited 

as provided in this Protective Order unless the Court later determines that an 

item of Discovery Material is not to be treated as Confidential under this 

Protective Order during the pendency of this litigation, or thereafter. If a party 

disputes the propriety of any confidentiality designation, it shall provide notice 

to the Producing Person, and to all the parties who shall then promptly meet 

and confer regarding their disagreement. In the event the parties are unable to 

agree as to whether the “Confidential” designation is to be maintained, removed, 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 4 of 15
1

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

28

-4- 

[PROPOSED] PROTECTIVE ORDER 

altered or limited, then the Producing Person shall, within 10 business days 

after the parties have conferred, submit an appropriate motion to the Court 

seeking a determination regarding whether each of the disputed items shall 

continue to be subject to the terms and conditions of this Protective Order 

during and after this litigation. In order to maintain the confidentiality of the 

information addressed in such motion, any motion made pursuant to this 

paragraph shall be delivered to the Court’s chambers and served on all other 

parties, but shall not be filed with the Court. All persons receiving such a 

motion shall, unless and until the Court rules otherwise, treat the contents of 

the motion, and any exhibits thereto as confidential to the same extent 

Discovery Material designated as “Confidential” under this Order is treated as 

“Confidential”. The Court will determine whether each disputed item of 

information identified in any motion brought under this paragraph shall or 

shall not continue to be subject to the terms and conditions of this Protective 

Order. The Producing Person shall, as required by Rule 26(c), Fed.R.Civ.P., 

have the burden of persuading the Court that the Discovery Material at issue is 

entitled to protection under this Order. 

8. Authorized Disclosure. Any Discovery Material that has been 

designated as “Confidential,” or information derived therefrom, may be 

disclosed, summarized, described, characterized, or otherwise communicated or 

made available only to the following persons: 

(a) In-house and outside counsel for any party to this litigation, 

and those regular and/or temporary employees and contractors of such 

counsel whose access to said documents or information is necessary for 

them to assist counsel in the conduct of this litigation; 

(b) Any expert or consultant retained by a party or by his, her or 

its counsel solely for the purpose of assisting them in prosecuting or 

defending this litigation. Confidential Discovery Material may be used by 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 5 of 15
1

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

28

-5- 

[PROPOSED] PROTECTIVE ORDER 

such experts or consultants but only to the extent necessary for them to 

analyze the issues, prepare a written opinion, prepare to testify, or assist 

counsel in the prosecution or defense of this litigation. Prior to receiving 

any Confidential Discovery Material, each expert or consultant shall 

confirm their understanding of, and agreement to abide by the terms of 

this Protective Order by signing and agreeing to the terms of the written 

acknowledgment attached hereto as Exhibit A. Signed copies of Exhibit A 

shall be obtained by, and retained in the files of any counsel for the party 

who has engaged any such expert or consultant; 

(c) Any actual or potential witness or deponent (other than any 

party witness and/or party deponent as described in (d), below) and their 

counsel. Prior to being provided with any Confidential Discovery 

Material, any such witness or deponent shall be required to confirm their 

understanding of, and agreement to abide by the terms of this Protective 

Order by signing and agreeing to the terms of the written 

acknowledgment attached hereto as Exhibit B. Signed copies of Exhibit B 

shall be obtained by and retained in the files of any counsel for any party 

who has provided Confidential Discovery Material to any such witness or 

deponent; 

(d) The parties, including, where applicable, their officers, 

directors, and employees, including those officers, directors and 

employees of any subsidiary or affiliate thereof, who is assisting the party 

in this litigation, or who is called to appear as a witness or deponent in 

this litigation; 

(e) Stenographers, videographers, or other court reporters 

engaged to transcribe or record depositions in this litigation; 

(f) The Court and its personnel; and 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 6 of 15
1

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

28

-6- 

[PROPOSED] PROTECTIVE ORDER 

(g) Any other person so ordered by the Court or upon stipulation 

of the Producing Person. 

The restrictions of this paragraph shall also apply, on an ongoing basis, to any 

Discovery Material that the Court determines, in response to any motion 

brought under ¶7 above, is entitled to Confidential treatment during and after 

the pendency of this litigation. 

9. Attorneys’ Eyes Only Discovery Material. If a Producing Person 

reasonably believes in good faith that the disclosure to another party of 

Discovery Material which is “Confidential” within the meaning of ¶5 would 

prejudice the interests of the Producing Person or a party, such material may be 

designated by the Producing Person as “Attorneys’ Eyes Only Discovery 

Material”. Designations of “Attorneys’ Eyes Only Discovery Material” is to made 

only to protect highly sensitive, proprietary information, and such designations 

should only be made where the Producing Person genuinely believes it is 

reasonably necessary to serve its intended purpose. The designation shall be 

made in the same manner specified in ¶6, above. “Attorneys’ Eyes Only 

Discovery Material” may be disclosed only to (a) those persons referred to in 

¶¶8(a), 8(b), 8(c), 8(e), 8(f) or 8(g); and (b) to a party in the presence of that 

party’s counsel. Any party that is made privy to “Attorneys’ Eyes Only 

Discovery Material” shall not (i) in any way, shape or form, directly or indirectly 

memorialize, or actually or constructively possess a recorded memorialization of 

any “Attorneys’ Eyes Only Discovery Material” or any part or portion of thereof; 

or (ii) except in deposition, court testimony, or as otherwise authorized by the 

court, communicate in any manner, verbally, in writing or otherwise any 

characterization of any of the contents of what that party has viewed with 

respect to any such “Attorneys’ Eyes Only Discovery Material”. For purposes of 

this ¶9, the term “party” includes the officers, directors, or employees of any 

party that is not a natural person. A Producing Person shall not utilize 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 7 of 15
1

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

28

-7- 

[PROPOSED] PROTECTIVE ORDER 

Discovery Material designated as “Attorneys’ Eyes Only” in connection with the 

examination of a witness (other than the Producing Person or one of its 

employees or experts) unless the Producing Person has provided the opposing 

party with reasonable written notice of its intention to do so, including the 

identification of the specific “Attorneys’ Eyes Only” material to be utilized. With 

respect to any “Attorneys’ Eyes Only” material so identified, the other parties 

may use such materials in preparation of the witness for his or her testimony. 

10. No Unauthorized Disclosure. No person receiving or having 

access to any Confidential Discovery Material or Attorneys’ Eyes Only Discovery 

Material shall reveal, directly or indirectly, the contents of such Confidential 

Discovery Material or Attorneys’ Eyes Only Discovery Material, or any 

information contained therein or derived therefrom, to anyone not entitled to 

receive such Confidential Discovery Material or Attorneys’ Eyes Only Discovery 

Material under the terms of this Protective Order. In the event that any 

Confidential Discovery Material or Attorneys’ Eyes Only Discovery Material is 

disclosed to any person other than those authorized by the terms of this 

Protective Order, the party responsible for the disclosure shall immediately 

inform the Producing Person of all pertinent facts relating to the disclosure, 

including the name, address, and employer of each person to whom the 

disclosure was made and an explanation of how the disclosure came to be 

made. The party responsible for the disclosure shall immediately take all 

reasonable steps to retrieve the information disclosed and to prevent any 

disclosure of any such Confidential Discovery Material or Attorneys’ Eyes Only 

Discovery Material by any unauthorized person or persons to whom such 

information was disclosed. 

11. Filing of Documents Containing Confidential Information. 

(a) If any party seeks to file with the Court any paper that 

attaches, quotes or otherwise discloses the contents of any Confidential 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 8 of 15
1

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

28

-8- 

[PROPOSED] PROTECTIVE ORDER 

Discovery Material or Attorneys’ Eyes Only Discovery Material, that party shall 

seek to file such paper under seal in accordance with the procedures specified 

by Rule 39-141 of the Local Rules of the Eastern District of California and as 

specified in this ¶11; 

(b) In addition to the requirements set forth in Local Rule 39-

141, any party seeking to file a document under seal which contains Discovery 

Material that has been designated as Confidential Discovery Material or 

Attorneys’ Eyes Only Discovery Material shall specifically and explicitly 

establish good cause for the filing of the document under seal; 

(c) If a party intends to file any document, or part of a 

document, which contains Discovery Material that has been designated as 

Confidential Discovery Material or Attorneys’ Eyes Only Discovery Material, the 

filing party shall notify the Producing Persons of such material of its intent to 

file such a document sufficiently in advance of the filing so that the Producing 

Person can timely apply for an Order that the proposed filing be made under 

seal. The party seeking to make the filing under seal shall inform the Producing 

Person of the Confidential Discovery Material or Attorneys’ Eyes Only Discovery 

Material that is to be included in the filing to be made. It shall then be 

incumbent upon the Producing Person to seek an Order that the filing be made 

under seal. The burden shall be on that person or party to establish good 

cause for the filing to be made under seal, and to otherwise comply with the 

requirement of Local Rule 39-141; and 

(d) Any motion to require that a document be filed under seal 

must establish more than speculation regarding potential harm; instead, an 

Order authorizing a filing under seal will be allowed only if the specter of real 

and tangible harm is established. The parties all understand that the Court will 

not authorize the wholesale filing of documents under seal. 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 9 of 15
1

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

28

-9- 

[PROPOSED] PROTECTIVE ORDER 

12. No Waiver Of Privilege Through Inadvertent Production. The 

inadvertent production of any Discovery Material shall be without prejudice to 

any claim that such Discovery Material is subject to the terms of this Protective 

Order, or is protected by the attorney-client privilege, the work product 

doctrine, or any other applicable privilege or ground for withholding production. 

No party shall be held to have waived any rights by such inadvertent 

production. 

13. Procedure In The Event Of Inadvertent Production Of 

Privileged Information. Upon written notice by the Producing Person of his, 

her or its inadvertent production of Discovery Material containing privileged 

information or confidential information (not designated as such), each receiving 

party, upon receiving written notice from the Producing Person of such 

inadvertent production, shall (a) make no further use of the Discovery Material 

until further order of the Court, shall have five business days to return the 

Discovery Material and all copies thereof to the Producing Person and shall 

destroy all records of the contents of such Discovery Material; or (b) notify the 

Producing Person in writing of the receiving party’s objection to the claim of 

privilege, along with the grounds for the objection. In the event of the latter, 

within 10 business days after good faith efforts to resolve the dispute have 

failed, the Producing Person may move for an Order from the Court that the 

Discovery Material is privileged or was not properly designated as confidential. 

During the pendency of such a motion, each receiving party may retain the 

Discovery Material and all copies thereof, but shall make no use of it other than 

is necessary to oppose the Producing Person’s motion. Any copy or copies of 

the Discovery Material at issue which is submitted to the Court in connection 

with the foregoing motion shall be filed under seal in accordance with the terms 

of this Protective Order. If the Court determines that the Discovery Material 

was confidential but was (inadvertently) not designated as such, or that it is 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 10 of 15
1

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

28

-10- 

[PROPOSED] PROTECTIVE ORDER 

privileged, protected work product, or is otherwise protected from disclosure, 

each receiving party shall promptly return the original and all the inadvertently 

produced copies of the inadvertently produced Discovery Material at issue to 

the Producing Person, and destroy all records of the contents of the Discovery 

Material, including any summaries or analyses derived therefrom. 

14. No Admissions Or Prejudice To Other Rights. Entering into, 

agreeing to, producing or receiving Confidential Discovery Material, or otherwise 

complying with the terms of this Protective Order shall not: 

(a) operate as an admission by any party other than the 

Producing Person that any particular Confidential Discovery Material 

contains or reflects confidential information;

(b) operate as an admission by any party or Producing Person 

that any Discovery Material is not confidential; 

(c) operate as an admission by any party or Producing Person 

that any Discovery Material is, or is not, relevant or admissible at any 

trial in this litigation; 

(d) prejudice in any way the rights of any party to object to the 

production of documents he, she or it considers not subject to discovery, 

or operate as an admission by any party or Producing Person that the 

restrictions and procedures set forth herein constitute adequate 

protection for any particular information deemed by any party or 

Producing Person to constitute Confidential Discovery Material or 

Attorneys’ Eyes Only Confidential Discovery Matter; 

(e) prejudice in any way the rights of any party or Producing 

Person to object to the authenticity or admissibility of any document, 

testimony, or other information subject to this Protective Order; 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 11 of 15
1

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

28

-11- 

[PROPOSED] PROTECTIVE ORDER 

(f) prejudice in any way the rights of any party or Producing 

Person to petition the Court for a supplemental or revised protective order 

relating to any purportedly confidential information; or 

(g) prevent the parties from agreeing to alter or waive the 

provisions in this Protective Order with respect to any particular 

Discovery Material. 

15. Return or Destruction of Confidential Discovery Material. 

Within 30 days after receiving notice of the entry of an order, judgment, decree 

or settlement finally disposing of all litigation in which Confidential or 

Attorneys’ Eyes Only Discovery Material is permitted to be used, including the 

exhaustion of all permissible appeals, all persons having received Confidential 

or Attorneys’ Eyes Only Discovery Material shall return such material and all 

copies thereof (including summaries and excerpts) to counsel for the Producing 

Person. Counsel for the Producing Person shall be required to maintain the 

materials that are returned for a period of five years in a reasonably accessible 

location. If, during that five year period, a legitimate need for such materials 

should arise on the part of any party other than the Producing Person, then 

that party may make application to the Court, upon due notice to all of the 

other parties, to have some or all of the returned materials provided to that 

party, subject to such conditions and limitations as the Court may deem 

necessary and appropriate under the circumstances. The foregoing provision 

shall be deemed to discharge the retention obligation of counsel under 

California Rules of Professional Conduct 3-700 and 4-100(B)(3). 

Notwithstanding the foregoing, outside counsel for the parties shall be entitled 

to retain court papers, deposition and trial transcripts, and attorney work 

product, provided that such outside counsel (and employees of such outside 

counsel) shall not disclose any of the contents of any materials so retained 

except pursuant to Court Order or agreement with the party that produced the 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 12 of 15
1

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

28

-12- 

[PROPOSED] PROTECTIVE ORDER 

Confidential Discovery Material. All materials returned to the parties or their 

counsel by the Court shall be treated in accordance with the provisions of this 

paragraph. 

16. Trial. The parties are to cooperate to attempt to reach agreements, 

subject to the approval of the Court, regarding the use of Confidential Discovery 

or Attorneys’ Eyes Only Material at any trial or hearing that is open to the 

public. 

17. Duration of Protective Order. The provisions of this Protective 

Order shall, absent written permission of the Producing Person or further order 

of the Court, remain in full force and effect throughout the pendency of this 

litigation and thereafter. The Court shall retain jurisdiction to enforce the 

terms of this Protective Order. 

October 1, 2007 ENTERED: 

/s/ Gregory G. Hollows 

____________________________________ 

Hon. Gregory G. Hollows 

United States Magistrate Judge 

Defazio.po

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 13 of 15
1

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

28

[PROPOSED] PROTECTIVE ORDER 

Exhibit A To Protective Order 

Undertaking To Be Signed By Experts And Consultants 

Who Are To Be Provided With Confidential Discovery Material

The undersigned acknowledges, understands and agrees that: 

1. In the course of performing expert or consulting services in 

connection with the actions styled (a) James P. DeFazio v. Hollister Incorporated 

et al., Case No. CIV.S-04-1358 DFL GGH; (b) Kathleen Ellis v. Hollister 

Incorporated et al., Case No. CIV. S-05-559 DFL GGH; and/or (c) Brenda 

Dimaro et al. v. Hollister Incorporated et al., Case No. CIV. S-05-1726 DFL 

GGH, I may be provided with discovery materials that have been designated as 

“Confidential” or as “Attorneys Eyes Only” under the Protective Order entered in 

those consolidated actions. 

2. I have read and understand the terms of the foregoing Protective 

Order, and I have been advised that under the Protective Order such 

Confidential or Attorneys’ Eyes Only materials may not be used for any 

purposes other than in connection with those consolidated actions. 

3. The use or disclosure of such Confidential or Attorneys’ Eyes Only 

materials is restricted in the manner specified by the Protective Order. 

4. I will abide by the terms of the Protective Order (a copy of which 

has been provided to me), and I will cause each of my employees or support 

staff members who performs any of the services described in ¶1 hereof to abide 

by the terms of the Protective Order. 

____________________________________

Executed this ___ day of ______, 200_ 

at ________________________________ 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 14 of 15
1

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

28

[PROPOSED] PROTECTIVE ORDER 

Exhibit B To Protective Order 

Undertaking To Be Signed By Non-Party Witnesses 

Who Are To Be Provided With Confidential Discovery Material

The undersigned acknowledges, understands and agrees that: 

1. In the course of testimony I have been advised I may provide in one 

or more of the following cases (a) James P. DeFazio v. Hollister Incorporated et 

al., Case No. CIV.S-04-1358 DFL GGH; (b) Kathleen Ellis v. Hollister 

Incorporated et al., Case No. CIV. S-05-559 DFL GGH; and/or (c) Brenda 

Dimaro et al. v. Hollister Incorporated et al., Case No. CIV. S-05-1726 DFL 

GGH, I am to be provided with discovery materials that have been designated as 

“Confidential” or as “Attorneys Eyes Only” under the Protective Order entered in 

those actions which I have been advised. 

2. I have read and understand the terms of the foregoing Protective 

Order, and I have been advised that under the Protective Order such 

Confidential or Attorneys’ Eyes Only materials may not be used for any 

purposes other than in connection with the consolidated actions described in 

¶1 hereof. 

3. The use or disclosure of such Confidential or Attorneys’ Eyes Only 

materials is restricted in the manner specified by the Protective Order. 

4. I will abide by the terms of the Protective Order (a copy of which 

has been provided to me), and I will cause each of my employees or support 

staff members who performs any of the services described in ¶1 hereof to abide 

by the terms of the Protective Order. 

________________________________

Executed this ___ day of ______, 200_ 

at ________________________________ 

Case 2:04-cv-01358-WBS-GGH Document 259 Filed 10/01/07 Page 15 of 15