Caryn Collazo et al vs. Wen By Chaz Dean, Inc., et al

Filing 75

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 73 . ***** SEE ORDER FOR DETAILS. ***** (mp)

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1 2 3 4 5 LEWIS WAGNER, LLP Dina M. Cox (admitted pro hac vice) Janelle P. Kilies (admitted pro hac vice) 501 Indiana Avenue, Suite 200 Indianapolis, IN 46202 Telephone: 317-237-0500 Fax: 317-630-2799 6 7 8 9 10 11 12 LATHAM & WATKINS LLP Jonathan M. Jackson, Bar # 257554 355 South Grand Avenue Los Angeles, CA 90071 Telephone: 213-891-8556 Fax: 213-891-8763 Attorneys for Defendant Guthy-Renker, LLC 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 17 SARAH ABBOTT, ANJAIL ABDUL BADEE, et al., 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, v. GUTHY-RENKER, LLC and WEN BY CHAZ DEAN, INC., Defendants. Case No. 2:15-cv-01974-ODW-AGR STIPULATED PROTECTIVE ORDER 1 2 3 IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant Guthy-Renker, LLC, by and through their respective counsel of record, as follows: 1. GENERAL PROVISIONS 1.1 Purposes and Limitations. Discovery in this action is likely to involve 4 5 6 production of confidential, proprietary, or private information for which special 7 protection from public disclosure and from use for any purpose other than 8 9 prosecuting this litigation may be warranted. Accordingly, the parties hereby 10 stipulate to and petition the Court to enter the following Stipulated Protective 11 12 Order. The parties acknowledge that this Order does not confer blanket protections 13 on all disclosures or responses to discovery and that the protection it affords from 14 public disclosure and use extends only to the limited information or items that are 15 16 entitled to confidential treatment under the applicable legal principles. The parties 17 further acknowledge, as set forth in Section 12.3, below, that this Stipulated 18 Protective Order does not entitle them to file confidential information under seal; 19 20 Local Rule 79-5 sets forth the procedures that must be followed and the standards 21 that will be applied when a Party seeks permission from the Court to file material 22 under seal. The parties also agree that nothing herein shall be construed as an 23 24 25 admission that any types of documents or information described herein must be produced in this case. 26 27 28 1 1.2 1 2 3 Good Cause Statement. This action is likely to involve trade secrets (as that term is defined by California Civil Code § 3426.1),1 customer and pricing lists, and other valuable research, testing, formula, development, commercial, 4 5 financial, technical and/or proprietary information for which special protection 6 from public disclosure and from use for any purpose other than prosecution of this 7 action is warranted. Such confidential and proprietary materials and information 8 9 consist of, among other things, business processes; non-public business or other 10 sensitive financial information, including, but not limited to, customer lists, pricing, 11 12 sales data, profit and/or loss information, sales, profit and/or loss projections, profit 13 and loss statements, or corporate financial statements; and also include confidential 14 research; business development, business marketing or other sensitive commercial 15 16 information; formulae and formulae development; testing and test results; or other 17 confidential research, development, or commercial information (including 18 information implicating privacy rights of third parties), information otherwise 19 20 generally unavailable to the public, or which may be privileged or otherwise 21 protected from disclosure under state or federal statutes, Court rules, case decisions, 22 or common law. 23 Defendant is one of the world’s largest direct marketing companies, with 24 25 distribution in more than 68 countries. The above information is not generally 26 1 27 28 Cal. Civil Code § 3426.1 provides that trade secret “means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” 2 1 known to the public or to other persons who could obtain economic value from its 2 disclosure or use, and Defendant uses reasonable efforts to maintain the secrecy of 3 this information. The disclosure of Defendant’s trade secrets, and confidential and 4 5 proprietary materials and information (as described in this paragraph and below) to 6 the public or Defendant’s competitors would cause harm to Defendant’s 7 competitive positions in the marketplace. In addition, discovery in this action is 8 9 also likely to call for materials containing medical records and other sensitive 10 personal information, the disclosure of which would be harmful to individual third 11 12 parties. 13 Accordingly, to expedite the flow of information, to facilitate the prompt 14 resolution of disputes over confidentiality of discovery materials, to adequately 15 16 protect information the parties are entitled to keep confidential, to ensure that the 17 parties are permitted reasonably necessary uses of such material in preparation for 18 and in the conduct of trial, to address their handling at the end of the litigation, and 19 20 to serve the ends of justice, a protective order for such information is justified in 21 this matter. It is the intent of the parties that information will not be designated as 22 confidential for tactical reasons and that nothing be so designated without a good 23 24 25 26 faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. This action is also likely to involve the Personal Health Information (as that 27 28 term is defined by 42 U.S.C. §§ 1320d-1320d-8 (Section 1171 of the Health 3 1 Insurance Portability and Accountability Act of 1996: 2 Simplification)2 and 45 C.F.R. 160.103) and Personally Identifiable Information (as 3 Administrative that term is used in the Gramm-Leach-Bliley Act, 15 U.S.C. § 6809(4))3 of 4 5 Plaintiffs. This information is protected from general disclosure by multiple federal 6 and state statutes and regulations. 7 2. DEFINITIONS 2.1 Action: the above-entitled proceeding, Case No. 2:15-cv-01974-ODW- 2.2 Challenging Party: a Party or Non-Party that challenges the 8 9 10 AGR. 11 12 13 designation of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 16 how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 the Good Cause Statement. 19 2.4 20 Counsel: Outside Counsel of Record and House Counsel (as well as 21 their support staff and vendors provided that the vendors have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A)). 23 24 25 26 27 28 2 Personal Health Information includes, but is not limited to, demographic information; medical history; test and laboratory results; insurance information and other data that a health care professional collects to identify an individual and determine appropriate care. 3 Personally Identifiable Information includes any non-public personal information, including, but not limited to, full name and iterations of name; personal identification numbers, such as social security, passport or driver’s license numbers; address information; asset information; telephone numbers; personal characteristics, such as photos and other images; and information about an individual that is linked or linkable to the foregoing items. 4 1 2 3 2.5 Designated House Counsel: House Counsel who seek access to “HIGHLY CONFIDENTIAL” information in this Action. 2.6 Designating Party: a Party or Non-Party that designates information or 4 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 7 2.7 Disclosure or Discovery Material: all items or information, regardless 8 9 of the medium or manner in which it is generated, stored, or maintained (including, 10 among other things, testimony, transcripts, and tangible things), that are produced 11 12 13 14 or generated in disclosures or responses to discovery in this matter. 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to 15 16 serve as an expert witness or as a consultant in this action, (2) is not a past or 17 current employee of a Party or of a Party’s competitor, and (3) at the time of 18 retention, is not anticipated to become an employee of a Party or of a Party’s 19 20 21 22 competitor. 2.9 “HIGHLY CONFIDENTIAL” Information or Items: extremely sensitive “CONFIDENTIAL Information or Items,” disclosure of which to another 23 24 Party or Non-Party would create a substantial risk of serious harm that could not be 25 avoided by less restrictive means. Such Information and Items include, but are not 26 limited to, the following non-public Information and Items: formulae for Wen® 27 28 Cleansing Conditioner; documents relating to the development and testing of 5 1 formulae for Wen® Cleansing Conditioner; financial data or information, 2 including, but not limited to, information concerning sales, revenue, profit margins, 3 costs, and/or capital expenditures; budgets, forecasts, and projections; Defendant’s 4 5 proprietary computer software; agreements with retailers, wholesalers, 6 manufacturers, distributors, and/or other third-parties relating to Wen® Cleansing 7 Conditioner; and/or marketing or other business strategy documents. 8 9 2.10 House Counsel: attorneys who are employees of a Party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 12 13 14 counsel. 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 15 16 2.12 Outside Counsel of Record: attorneys who are not employees of a 17 Party to this Action but are retained to represent or advise a Party to this Action and 18 have appeared in this Action on behalf of that Party or are affiliated with a law firm 19 20 which has appeared on behalf of that Party, and includes support staff. 21 2.13 Party: any Party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, and Outside Counsel of Record (and their 23 24 25 26 support staffs). 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 27 28 6 1 2.15 Professional Vendors: persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 5 6 and their employees and subcontractors. 2.16 Protected Material: any Disclosure or Discovery Material that is 7 designated as "CONFIDENTIAL," or as “HIGHLY CONFIDENTIAL.” 8 9 10 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 11 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 16 extracted from Protected Material; (2) all copies, excerpts, summaries, or 17 compilations of Protected Material; and (3) any testimony, conversations, or 18 presentations by Parties or their Counsel that might reveal Protected Material. 19 20 21 22 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 4. DURATION 23 24 Even after final disposition of this litigation, the confidentiality obligations 25 imposed by this Order shall remain in effect until a Designating Party agrees 26 otherwise in writing or a Court order otherwise directs. Final disposition shall be 27 28 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 7 1 with or without prejudice; and (2) final judgment herein after the completion and 2 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 3 including the time limits for filing any motions or applications for extension of 4 5 6 time pursuant to applicable law. 5. DESIGNATING PROTECTED MATERIAL 7 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 9 Each Party or Non-Party that designates information or items for protection under 10 this Order must take care to limit any such designation to specific material that 11 12 qualifies under the appropriate standards. The Designating Party must designate for 13 protection only those parts of material, documents, items, or oral or written 14 communications that qualify so that other portions of the material, documents, 15 16 17 18 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 19 20 that are shown to be clearly unjustified or that have been made for an improper 21 purpose (e.g., to unnecessarily encumber the case development process or to 22 impose unnecessary expenses and burdens on other parties) may expose the 23 24 Designating Party to sanctions. 25 If it comes to a Designating Party's attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 28 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 1 2 3 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before 4 5 6 the material is disclosed or produced. Designation in conformity with this Order requires: 7 (a) Information in documentary form. The Producing Party shall affix 8 9 to any Disclosure or Discovery Material in documentary form (e.g., paper or 10 electronic documents, but excluding transcripts of depositions or other pretrial or 11 12 13 14 trial proceedings) the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” to each page that contains protected material. A Party or Non-Party that makes original documents or materials available 15 16 for inspection need not designate them for protection until after the inspecting Party 17 has indicated which material it would like copied and produced. During the 18 inspection and before the designation, all of the material made available for 19 20 inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the inspecting 21 Party has identified the documents it wants copied and produced, the Producing 22 Party must determine which documents, or portions thereof, qualify for protection 23 24 under this Order. Then, before producing the specified documents, the Producing 25 Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL”) to each page that contains Protected Material. If only a portion 27 28 or portions of the material on a page qualifies for protection, the Producing Party 9 1 also must clearly identify the protected portion(s) (e.g., by making appropriate 2 markings in the margins) and must specify, for each portion, the level of protection 3 being asserted. 4 5 6 (b) Depositions. Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be 7 treated as if it were designated “HIGHLY CONFIDENTIAL” from the date of the 8 9 10 deposition through and including thirty (30) days after receipt of the final deposition transcript. No later than the thirtieth day after receipt of the final 11 12 deposition transcript, a party may serve a Notice of Designation to all parties of 13 record as to specific portions of the transcript, including exhibits, that are 14 designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” and thereafter 15 16 those portions identified in the Notice of Designation shall be protected under the 17 terms of this Order. The failure to serve a timely Notice of Designation shall waive 18 any designation of testimony taken in that deposition as confidential information, 19 20 unless (a) the parties agree to a different time for serving a Notice of Designation or 21 (b) the party seeking a late designation seeks and obtains relief from the deadline 22 from the Court for good cause shown Alternatively, a Designating Party may 23 24 specify, at the deposition or up to 30 days afterwards if that period is properly 25 invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL.” 27 28 10 1 Transcripts containing Protected Material shall have an obvious legend on 2 the title page that the transcript contains Protected Material, and the title page shall 3 be followed by a list of all pages (including line numbers as appropriate) that have 4 5 been designated as Protected Material and the level of protection being asserted by 6 the Designating Party. The Designating Party shall inform the court reporter of 7 these requirements. 8 9 10 (c) Other Material. For information produced in some form other than documentary and for any other tangible items, the Producing Party shall affix in a 11 12 prominent place on the exterior of the container or containers in which the 13 information or item is stored the legend “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL.” If only a portion or portions of the information or item warrant 15 16 17 18 protection, the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the level of protection being asserted. 5.3 Inadvertent Failures to Designate. If corrected within a reasonable 19 20 time of identifying an inadvertent failure to designate, an inadvertent failure to 21 designate qualified information or items does not, standing alone, waive the 22 Designating Party's right to secure protection under this Order for such material. 23 24 Upon reasonably timely correction of a designation, the Receiving Party must make 25 reasonable efforts to assure that the material is treated in accordance with the 26 provisions of this Order. 27 28 11 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. 3 Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court's 4 5 Scheduling Order. Unless a prompt challenge to a Designating Party’s 6 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 7 unnecessary economic burdens, or a significant disruption or delay of the litigation, 8 9 a Party does not waive its right to challenge a confidentiality designation by 10 electing not to mount a challenge promptly after the original designation is 11 12 13 14 disclosed. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process consistent with Local Rule 37-1, et seq. The Challenging Party 15 16 shall initiate the dispute resolution process by providing written notice of each 17 designation it is challenging and describing the basis for each challenge. To avoid 18 ambiguity as to whether a challenge has been made, the written notice must recite 19 20 that the challenge to confidentiality is being made in accordance with this specific 21 paragraph of the Protective Order. The parties shall attempt to resolve each 22 challenge in good faith and must begin the process by conferring directly (in voice 23 24 to voice dialogue consistent with Local Rule 37-1, et seq.; other forms of 25 communication are not sufficient) within 10 days of the date of service of notice. 26 In conferring, the Challenging Party must explain the basis for its belief that the 27 28 confidentiality designation was not proper and must give the Designating Party an 12 1 opportunity to review the designated material, to reconsider the circumstances, and, 2 if no change in designation is offered, to explain the basis for the chosen 3 designation. A Challenging Party may seek judicial assistance only if it has 4 5 engaged in this meet and confer process in good faith or establishes that the 6 Designating Party is unwilling to participate in the meet and confer process in a 7 timely manner. 8 9 10 6.3 Burden of Persuasion. The burden of persuasion in any challenge proceeding shall be on the Designating Party. Frivolous challenges and those made 11 12 for an improper purpose (e.g., to harass or impose unnecessary expenses and 13 burdens on other parties) may expose the Challenging Party to sanctions. Unless 14 the Designating Party has waived or withdrawn the confidentiality designation, all 15 16 parties shall continue to afford the material in question the level of protection to 17 which it is entitled under the Producing Party’s designation until the Court rules on 18 the challenge. 19 20 21 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Disclosure or Discovery Material that is disclosed or produced by another Party or by a Non-Party in 23 24 connection with this Action only for prosecuting, defending, or attempting to settle 25 this Action. Protected Material may be disclosed only to the categories of persons 26 and under the conditions described in this Order. When the Action has been 27 28 13 1 terminated, a Receiving Party must comply with the provisions of section 13 below 2 (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a 4 5 location and in a secure manner that ensures that access is limited to the persons 6 authorized under this Order. 7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 8 9 10 otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated 11 12 13 “CONFIDENTIAL” only to: (a) 14 the Receiving Party's Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is 15 reasonably necessary to disclose the information for this Action; 16 17 (b) 18 the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 19 this Action; 20 21 (c) 22 Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 24 A); 25 26 (d) the Court and its personnel; (e) court reporters and their staff; 27 28 14 1 (f) 2 professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be 4 Bound” (Exhibit A); 5 6 (g) the custodian, author, or recipient of a document containing the 7 information; 8 9 (h) 10 during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the 11 deposing Party requests that the witness sign the form attached as 12 13 Exhibit A hereto; and (2) they will not be permitted to keep any 14 confidential information unless they sign the “Acknowledgment and 15 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the 16 Designating Party or ordered by the Court.; and 17 18 (i) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement 20 discussions. 21 22 7.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 23 24 Unless otherwise ordered by the Court or permitted in writing by the Designating 25 Party, a Receiving Party may disclose any information or item designated 26 “HIGHLY CONFIDENTIAL” only to: 27 28 15 1 (a) 2 the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is 3 reasonably necessary to disclose the information for this litigation and 4 5 who have signed the “Acknowledgment and Agreement to Be Bound” 6 that is attached hereto as Exhibit A; 7 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 8 necessary 9 10 for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) 11 as to whom the procedures set forth in paragraph 7.4(a)(2), below, 12 have been followed; 13 14 (c) the court and its personnel; (d) court reporters and their staff, professional jury or trial consultants, and 15 16 17 Professional Vendors to whom disclosure is reasonably necessary for 18 this litigation and who have signed the “Acknowledgment and 19 Agreement to Be Bound” (Exhibit A); 20 21 (e) 22 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the 23 information; and 24 25 26 (f) Designated House Counsel of the Receiving Party (1) who has no involvement in competitive decision-making, (2) to whom disclosure 27 28 is reasonably necessary for this litigation, (3) who has signed the 16 1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) 2 as to whom the procedures set forth in paragraph 7.4(a)(1), below, 3 have been followed. 4 5 6 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL” Information or Items to Designated House Counsel or Experts. 7 (a)(1) Unless otherwise ordered by the Court or agreed to in writing by the 8 9 Designating Party, a Party that seeks to disclose to Designated House 10 Counsel any information or item that has been designated “HIGHLY 11 12 CONFIDENTIAL” pursuant to paragraph 7.3(f) first must make a 13 written request to the Designating Party that (1) sets forth the full 14 name of the Designated House Counsel and the city and state of his or 15 16 her residence, and (2) describes the Designated House Counsel’s 17 current and reasonably foreseeable future primary job duties and 18 responsibilities in sufficient detail to determine if House Counsel is 19 20 21 22 involved, or may become involved, in any competitive decisionmaking. (a)(2) Notwithstanding paragraph 7.4(a)(2)(i) below, unless otherwise 23 24 ordered by the Court or agreed to in writing by the Designating Party, 25 a Party that seeks to disclose to an Expert (as defined in this Order) 26 any information or item that has been designated “HIGHLY 27 28 CONFIDENTIAL” pursuant to paragraph 7.3(b) first must make a 17 1 written request to the Designating Party that (1) identifies the general 2 categories of “HIGHLY CONFIDENTIAL” information that the 3 Receiving Party seeks permission to disclose to the Expert, (2) sets 4 5 forth the full name of the Expert and the city and state of his or her 6 primary residence, (3) attaches a copy of the Expert’s current resume, 7 (4) identifies the Expert’s current employer(s), (5) identifies each 8 9 person or entity from whom the Expert has received compensation or 10 funding for work in his or her areas of expertise or to whom the expert 11 has provided professional services, including in connection with a 12 13 litigation, at any time during the preceding five years,4 and (6) 14 identifies (by name and number of the case, filing date, and location of 15 Court) any litigation in connection with which the Expert has offered 16 17 expert testimony, including through a declaration, report, or testimony 18 at a deposition or trial, during the preceding five years. 19 (i) 20 If the time for designating any Expert has not expired and the 21 Expert has not been disclosed pursuant to Fed.R.Civ.P. 26 or 22 pursuant to order of the Court; or if an Expert is a consulting 23 expert, a Party does not have to specifically comply with 24 provisions (2) – (6) of paragraph 7.4(2)(a) above. In such a 25 26 4 27 28 If the Expert believes any of this information is subject to a confidentiality obligation to a third-party, then the Expert should provide whatever information the Expert believes can be disclosed without violating any confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to meet and confer with the Designating Party regarding any such engagement. 18 1 situation, a party shall make a good faith attempt to disclose 2 sufficient information to comply with the spirit of paragraph 3 7.4(2)(a) above while protecting the identity of the consulting 4 5 expert or non-disclosed Expert. Once an Expert is disclosed 6 pursuant to Fed.R.Civ.P. 26 and/or pursuant to order of the 7 Court, the Expert must fully comply with paragraph 7.4(2)(a) 8 above. 9 10 (b) A Party that makes a request and provides the information specified in 11 the preceding respective paragraphs may disclose the subject Protected 12 13 Material to the identified Designated House Counsel or Expert unless, 14 within 5 business days of delivering the request, the Party receives a 15 written objection from the Designating Party. Any such objection must 16 set forth in detail the grounds on which it is based. 17 18 (c) A Party that receives a timely written objection must meet and confer 19 20 with the Designating Party (through direct voice to voice dialogue 21 consistent with Local Rule 37-1, et seq.; other forms of 22 communication are not sufficient) to try to resolve the matter by 23 24 agreement within seven days of the written objection. If no agreement 25 is reached, the Party seeking to make the disclosure to Designated 26 House Counsel or the Expert may file a motion as provided in Local 27 28 Rule 7 (and in compliance with Local Rule 79-5, if applicable) seeking 19 1 permission from the Court to do so. Any such motion must describe 2 the circumstances with specificity, set forth in detail the reasons why 3 the disclosure to Designated House Counsel or the Expert is 4 5 reasonably necessary, assess the risk of harm that the disclosure would 6 entail, and suggest any additional means that could be used to reduce 7 that risk. In addition, any such motion must be accompanied by a 8 9 competent declaration describing the parties’ efforts to resolve the 10 matter by agreement (i.e., the extent and the content of the meet and 11 confer discussions) and setting forth the reasons advanced by the 12 Designating Party for its refusal to approve the disclosure. 13 14 In any such proceeding, the Party opposing disclosure to Designated House 15 16 Counsel or the Expert shall bear the burden of proving that the risk of harm that the 17 disclosure would entail (under the safeguards proposed) outweighs the Receiving 18 Party’s need to disclose the Protected Material to its Designated House Counsel or 19 20 21 22 Expert. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. 23 24 If a Party is served with a subpoena or a court order issued in other litigation 25 or a demand for the production of documents in an administrative proceeding or 26 other similar action that compels disclosure of any information or items designated 27 28 20 1 in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” that Party 2 must: 3 (a) promptly notify in writing the Designating Party. Such notification 4 5 shall include a copy of the subpoena, court order, or other demand; 6 (b) promptly notify in writing the Party who caused the subpoena or order 7 to issue in the other litigation that some or all of the material covered by the 8 9 10 subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 11 (c) 12 13 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected.5 14 If the Designating Party timely seeks a protective order, the Party served with 15 16 the subpoena, court order, or other demand, shall not produce any information 17 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 18 before a determination by the court or tribunal from which the subpoena or order 19 20 issued, unless the Party has obtained the Designating Party’s permission. The 21 Designating Party shall bear the burden and expense of seeking protection in that 22 court of its confidential material – and nothing in these provisions should be 23 24 25 construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court. 26 27 28 5 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. 21 1 2 3 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 4 5 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 6 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 7 this litigation is protected by the remedies and relief provided by this Order. 8 9 10 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 11 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 16 17 confidential information, then the Party shall: 1. 18 promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a 19 confidentiality agreement with a Non-Party; 20 21 2. 22 promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery 23 request(s), and a reasonably specific description of the 24 information requested; and 25 26 3. make the information requested available for inspection by the 27 28 Non-Party. 22 (c) 1 2 3 If the Non-Party fails to object or seek a protective order from this Court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive 4 5 to the discovery request. If the Non-Party timely seeks a protective order, the 6 Receiving Party shall not produce any information in its possession or control that 7 is subject to the confidentiality agreement with the Non-Party before a 8 9 determination by the Court.6 Absent a Court order to the contrary, the Non-Party 10 shall bear the burden and expense of seeking protection in this Court of its 11 12 Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best 19 20 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 21 person or persons to whom unauthorized disclosures were made of all the terms of 22 this Order, and (d) request such person or persons to execute the “Acknowledgment 23 24 and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. 25 26 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 27 6 28 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a NonParty and to afford the Non-Party an opportunity to protect its confidentiality interests in this Court. 23 1 When a Producing Party gives notice to Receiving Parties that certain 2 inadvertently produced material is subject to a claim of privilege or other 3 protection, the obligations of the Receiving Parties are those set forth in Federal 4 5 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 6 whatever procedure may be established in an e-discovery order regarding the 7 inadvertent production of Disclosure or Discovery Material. Pursuant to Federal 8 9 Rule of Evidence 502(d) and (e), the inadvertent disclosure in this Action of 10 Disclosure or Discovery Material protected by the attorney-client privilege and/or 11 12 13 14 work product doctrine shall not operate as a waiver of the attorney-client privilege and/or work product doctrine. 12. MISCELLANEOUS 15 16 17 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 20 Protective Order no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in 22 this Stipulated Protective Order. Similarly, no Party waives any right to object on 23 24 25 26 any ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 28 Protected Material must comply with Local Rule 79-5 and Local Rule 7. Protected 24 1 Material may only be filed under seal pursuant to a Court order authorizing the 2 sealing of the specific Protected Material at issue. In accordance with Local Rule 3 79-5.1, a proposed filing containing Protected Material shall be accompanied by an 4 5 application to file the papers or the portion thereof containing the Protected 6 Material (if such portion is segregable) under seal; and that the application shall be 7 directed to the judge to whom the papers are directed. If a Receiving Party desires 8 9 to file Protected Material, the Receiving Party shall confer with the Designating 10 Party in accordance with Local Rule 7 in order to afford the Designating Party an 11 12 opportunity to support its position to the court in support of filing the Protected 13 Material under seal. If a Party's request to file Protected Material under seal is 14 denied by the Court, then the Receiving Party may file the information in the public 15 16 record unless otherwise instructed by the Court. 17 13. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, within 60 19 20 days of a written request by the Designating Party, each Receiving Party must use 21 reasonable efforts to return all Protected Material to the Producing Party or destroy 22 such material. As used in this subdivision, “all Protected Material” includes all 23 24 copies, abstracts, compilations, summaries, and any other format reproducing or 25 capturing any of the Protected Material. The Receiving Party’s reasonable efforts 26 shall not require the return or destruction of confidential information from (i) 27 28 disaster recovery or business continuity backups, (ii) data stored in system25 1 generated temporary folders or near-line storage; (iii) unstructured departed 2 employee data, and/or (iv) material that is subject to legal hold obligations or 3 comingled with other such material. Backup storage media will not be restored for 4 5 purposes of returning or certifying destruction of confidential information, but such 6 retained information shall continue to be treated in accordance with the Order. 7 Whether the Protected Material is returned or destroyed, the Receiving Party must 8 9 submit a written certification to the Producing Party (and, if not the same person or 10 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 11 12 category, where appropriate) all the Protected Material that was returned or 13 destroyed and (2) affirms that the Receiving Party has not retained any copies, 14 abstracts, compilations, summaries or any other format reproducing or capturing 15 16 any of the Protected Material except as otherwise permitted in this provision. 17 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 18 pleadings, motion papers, trial, deposition, and hearing transcripts, legal 19 20 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 21 work product, and consultant and expert work product, even if such materials 22 contain Protected Material. Any such archival copies that contain or constitute 23 24 25 Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 26 27 28 26 1 14. 2 Any violation of this Order may be punished by any and all appropriate 3 Violations. measures including, without limitation, contempt proceedings and/or monetary 4 5 sanctions. 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 7 DATED: May 30, 2017 DATED: May 30, 2017 8 9 10 11 12 13 14 15 16 17 18 19 /s/ Amy E. Davis Attorneys for Plaintiffs Amy E. Davis (Pro Hac Vice) CHRISTIANSEN DAVIS, LLC 4100 Spring Valley Road, Suite 450 Dallas, TX 75244 /s/ Dina M. Cox Attorneys for Defendant Jonathan M. Jackson, Bar # 257554 LATHAM & WATKINS LLP 355 South Grand Avenue Los Angeles, CA 90071 David E. Rosen MURPHY ROSEN LLP 100 Wilshire Blvd., Suite 1300 Santa Monica, CA 90401-1142 Dina M. Cox (Pro Hac Vice) Janelle P. Kilies (Pro Hac Vice) LEWIS WAGNER, LLP 501 Indiana Avenue, Suite 200 Indianapolis, IN 46202 20 21 22 23 24 25 26 27 28 27 Attorney Attestation 1 2 In accordance with Local Rule 5-4.3.4(a)(2)(i), the filer of this document 3 4 hereby attests that the concurrence to the filing of this document has been obtained 5 from the other signatories hereto, and that all signatories hereto have authorized its 6 7 8 filing. DATED: May 30, 2017 Respectfully submitted, 9 /s/ Dina M. Cox Dina M. Cox 10 11 12 13 14 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 DATED: June 2,2017 17 18 19 20 21 22 __________________________________________________ 23 24 HONORABLE ALICIA G. ROSENBERG UNITED STATES MAGISTRATE JUDGE 25 26 27 28 28 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 29 1 2 3 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 5 6 7 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 Protective Order that was issued by the United States District Court for the Central District of California on __________ in 8 the case of Sarah Abbott, Anjail Abdul Badee, et al., v. Guthy-Renker, LLC and 9 WEN By Chaz Dean, Inc., Case No. 2:15-cv-01974-ODW-AGR. I agree to comply 10 with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions 12 and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. I further agree to submit to the jurisdiction of the United 16 States District Court for the Central District of California for the purpose of 17 enforcing the terms of this Stipulated Protective Order, even if such enforcement 18 19 20 21 proceedings occur after termination of this action. I hereby appoint ______________________________ [print or type full name] of ____________ __________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: ___________________________________ 24 City and State where sworn and signed: _____________________________ 25 Printed name: ____________________________ 26 27 Signature: _______________________________ 28 30

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