Paul Stockinger et al v. Toyota Motor Sales, U.S.A., Inc

Filing 67

AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson. (NOTE CHANGES MADE BY THE COURT) Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on the parties' Joint Stipulation for Protective Order f iled on October 26, 2017 66 , the terms of the proposed protective order are adopted as a protective order of this Court (which generally shall govern the pretrial phase of this action) except to the extent, as set forth below, that those te rms have been modified by the Court. The Court's additions to the terms of the proposed protective order are generally indicated in bold typeface, and the Court's deletions are indicated by lines through the text being deleted.(SEE ORDER FOR FURTHER INFORMATION) (gr)

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1 NOTE: CHANGES MADE BY THE COURT 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 PAUL STOCKINGER, ELIZABETH STOCKINGER, GAILYN KENNEDY, BASUDEB DEY, ELIEZER CASPER, and YVETTE ALLEY on behalf of themselves and all others similarly situated, Plaintiffs, vs. Case No. 2:17-cv-00035-VAP (KSx) AMENDED STIPULATED PROTECTIVE ORDER Judges: Hon. Virginia A. Phillips Hon. Karen L. Stevenson (Magistrate) TOYOTA MOTOR SALES, U.S.A., INC., a California corporation, Defendant. 18 19 20 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based 21 on the parties’ Joint Stipulation for Protective Order filed on October 26, 22 2017, the terms of the proposed protective order are adopted as a protective 23 order of this Court (which generally shall govern the pretrial phase of this 24 action) except to the extent, as set forth below, that those terms have been 25 modified by the Court. The Court’s additions to the terms of the proposed 26 protective order are generally indicated in bold typeface, and the Court’s 27 28 deletions are indicated by lines through the text being deleted. AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) DB1/ 94120906.3 1 GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer lists and other valuable 3 research, development, commercial, financial, technical, pricing, and/or proprietary 4 information for which special protection from public disclosure and from use for 5 any purpose other than prosecution of this action is warranted. Such confidential 6 and proprietary materials and information 7 confidential business or financial information, information regarding confidential 8 business practices, or other confidential research, development, or commercial 9 information (including information implicating privacy rights of third parties), 10 information otherwise generally unavailable to the public, or which may be 11 privileged or otherwise protected from disclosure under state or federal statutes, 12 court rules, case decisions, or common law. Accordingly, to expedite the flow of 13 information, to facilitate the prompt resolution of disputes over confidentiality of 14 discovery materials, to adequately protect information the parties are entitled to 15 keep confidential, to ensure that the Parties are permitted reasonable necessary uses 16 of such material in preparation for and in the conduct of trial, to address their 17 handling at the end of the litigation, and serve the ends of justice, a protective order 18 for such information is justified in this matter. It is the intent of the Parties that 19 information will not be designated as confidential for tactical reasons and that 20 nothing be so designated without a good faith belief that it has been maintained in a 21 confidential, non-public manner, and there is good cause why it should not be part 22 of the public record of this case. consist of, among other things, 23 Therefore, Plaintiffs Paul Stockinger, Elizabeth Stockinger, Gailyn Kennedy, 24 Basudeb Dey, Eliezer Casper and Yvette Alley (“Plaintiffs”) and defendant Toyota 25 Motor Sales, U.S.A, Inc. (“Toyota”) (collectively, “Parties”), by and through their 26 respective counsel, and pursuant to Rule 26(c) of the Federal Rules of Civil 27 Procedure, hereby stipulate and agree to the terms of this Stipulated Protective 28 Order as follows: DB1/ 94120906.3 1 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 IT IS HEREBY STIPULATED, subject to the approval of the Court that: 2 1. APPLICABILITY OF THE PROTECTIVE ORDER. This 3 Stipulated Order Governing the Designation and Handling of Confidential 4 Materials (hereinafter “Order”) shall govern for pre-trial purposes the handling of 5 documents, depositions, deposition exhibits, interrogatory responses, responses to 6 requests for admissions, responses to requests for production of documents, and all 7 other discovery obtained pursuant to the Federal Rules of Civil Procedure by or 8 from a Party in connection with the Action (this information hereinafter referred to 9 as “Discovery Material”). All references to “Party,” “Receiving Party,” “Producing 10 Party” or “Designating Party” throughout this Order are intended to include third 11 parties. 12 2. DESIGNATION OF MATERIAL AS “CONFIDENTIAL” OR 13 “HIGHLY CONFIDENTIAL” 14 Material as “Confidential” or “Highly Confidential” under the terms of this Order 15 if the Producing Party in good faith reasonably believes that such Discovery 16 Material contains non-public, confidential, personal, proprietary or commercially 17 sensitive information that requires protections provided in this Order (hereinafter 18 referred to as “Confidential Material” or “Highly Confidential Material”). 19 Any Producing Party may designate Discovery a. “Confidential Material.” For purposes of this Order, information 20 considered to be Confidential Material includes any information that a 21 Party believes in good faith to be confidential or sensitive non-public 22 information, including, but not limited to, trade secrets, research, 23 design, 24 personal, or commercial information, as such terms are used in Rule 25 26(c)(1)(G) of the Federal Rules of Civil Procedure and any applicable 26 case law interpreting Rule 26(c)(1)(G). development, financial, technical, marketing, planning, 27 b. “Highly Confidential Material.” For purposes of this Order, Highly 28 Confidential Material shall include, but is not limited to, any Protected DB1/ 94120906.3 2 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 Data (defined below) and/or Confidential Materials as defined herein, 2 which also includes non-public product design and testing information 3 or extremely sensitive, highly confidential, non-public information, 4 consisting either of trade secrets or proprietary or other highly 5 confidential business, financial, regulatory, or strategic information 6 (including information regarding business plans, technical data, and 7 non-public designs), the disclosure of which would create a substantial 8 risk of competitive or business injury to the Producing Party. 9 event that a party in good faith believes that certain Protected Data 10 compels alternative or additional protections beyond those afforded 11 Highly Confidential Material, the parties shall meet and confer in good 12 faith, and, if unsuccessful in agreeing upon protection, the Producing 13 Party shall move the Court for appropriate relief within fifteen (15) 14 days. 15 c. Confidential 16 17 Material and Highly Confidential Material In the are collectively defined as “Covered Information.” 3. MARKING OF DOCUMENTS. The designation of Discovery 18 Material as Confidential Material or Highly Confidential Material or Protected Data 19 for purposes of this Order shall be made in the following manner: 20 a. TIFF Documents. In the case of documents or other materials (apart 21 from depositions or other pre-trial testimony), designation shall be 22 made by affixing the legend “Confidential” or “Highly Confidential” 23 to all pages in each document containing any Confidential Material or 24 Highly Confidential Material, respectively. 25 b. Native Documents. With respect to documents or materials 26 containing Covered Information produced in Native Format, the 27 Designating Party shall include the highest level of confidentiality 28 designation in the filename. DB1/ 94120906.3 3 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 c. Designating Depositions. With respect to any deposition, confidential 2 treatment may be invoked by designating specific pages and/or lines as 3 “Confidential” 4 deposition, or by serving such designations within 30 days after receipt 5 of the transcript of the deposition in which the designations are made. 6 All deposition transcripts shall be treated as Highly Confidential for 30 7 days following receipt of the transcript. 8 or “Highly Confidential” d. Non-Written Materials. on the record at the Any non-text Covered Information (e.g., 9 videotape, audio tape, computer disk, etc.) may be designated as such 10 by labeling the outside of such material as “Confidential” or “Highly 11 Confidential”. 12 copy” transcription or printout from any such designated non-written 13 materials, the person who generates such “hard copy” transcription or 14 printout shall take reasonable steps to maintain the confidentiality of 15 such materials and properly identify and stamp each page of such 16 material as “Confidential” or “Highly Confidential” consistent with the 17 original designation by the Producing Party. 18 4. In the event a Receiving Party generates any “hard DISCLOSURE OF COVERED INFORMATION. The failure to 19 designate Covered Information does not constitute a waiver of such claim and may 20 be remedied by prompt supplemental written notice upon discovery of the 21 disclosure, with the effect that such Covered Information will be subject to the 22 protections of this Order. The Receiving Party shall exercise good faith efforts to 23 ensure that copies made of Covered Information produced to it, and copies made by 24 others who obtained such Covered Information directly or indirectly from the 25 Receiving Party, include the appropriate confidentiality legend, to the same extent 26 that the Covered Information has been marked with the appropriate confidentiality 27 legend by the Producing Party. 28 DB1/ 94120906.3 4 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 5. MATERIALS PREPARED BASED UPON COVERED 2 INFORMATION. 3 materials prepared or based on an examination of Covered Information, that quote 4 from or paraphrase Covered Information with such specificity that the Covered 5 Information can be identified shall be accorded the same status of confidentiality as 6 the underlying Covered Information from which they are made, shall be designated 7 with the appropriate confidentiality legend, and shall be subject to all of the terms 8 of this Protective Order. 9 6. Any notes, lists, memoranda, indices, compilations, or other NOTICE TO THIRD PARTIES. Any Party issuing a subpoena to a 10 third party shall enclose a copy of this Protective Order and advise the third party 11 that, to the extent the third party intends to produce Confidential Material or Highly 12 Confidential Material subject to the protection of this Protective Order, the third 13 party shall notify the issuing Party at the time of production and follow the 14 procedures set forth herein. 15 7. GOOD-FAITH BELIEF. For purposes of this Order, the Party 16 designating Discovery Material as “Confidential” or “Highly Confidential” (the 17 “Designating Party”) bears the burden of establishing the appropriate designation of 18 all such Discovery Material. The designation of any Discovery Material as 19 “Confidential” or “Highly Confidential” pursuant to this Order shall constitute the 20 verification by the Designating Party and its counsel that the material constitutes 21 “Confidential” or “Highly Confidential” as defined above. Blanket designation of 22 documents or information as “Confidential” or “Highly Confidential” without 23 regard to the specific contents of each document or piece of information is 24 prohibited. 25 8. If at any time prior to the trial of this Action a Party realizes that 26 previously produced Discovery Material should be designated as “Confidential” or 27 “Highly Confidential” the Party may so designate by advising all other Parties in 28 writing and by producing replacement documents or material with the appropriate DB1/ 94120906.3 5 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 “Confidential” or “Highly Confidential” designation as described above. 2 designated documents or material will thereafter be treated as “Confidential” or 3 “Highly Confidential” pursuant to this Order. Upon receipt of such designation in 4 writing and re-production of the material with the “Confidential” or “Highly 5 Confidential” stamp, the Parties and other persons subject to this Order shall take 6 reasonable and appropriate steps to notify any and all recipients of the Discovery 7 Material about the protected status of the newly designated “Confidential” or 8 “Highly Confidential” and to retrieve the newly designated “Confidential” or 9 “Highly Confidential” from any person who is not permitted by this Order to have 10 11 The Confidential Information. 9. No Party receiving Covered Information shall be under any obligation 12 to object to the designation of any document at the time such designation is made or 13 at any time thereafter. 14 acquiesced or agreed to such designation or be barred from objecting to such 15 designation at any time. 16 10. PERSONS 17 MATERIAL. 18 No Party shall, by failure to object, be found to have AUTHORIZED TO RECEIVE CONFIDENTIAL Confidential Material may be disclosed only to the following “Qualified Persons”: 19 a. the Court, including attorneys, employees, judges, magistrates, 20 secretaries, special masters, stenographic reporters, staff, transcribers 21 and all other personnel necessary to assist the Court in its function, and 22 the jury; 23 b. mediators or other individuals engaged or consulted in settlement of all 24 or part of this Action; 25 c. the Parties; 26 d. counsel of record for the Parties, including all partners, members, and 27 associate attorneys of such counsel’s law firms who are assisting in the 28 conduct of the Action, as well as any other counsel and support DB1/ 94120906.3 6 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 personnel of such counsel who may be assisting counsel of record for 2 the parties in the conduct of the Action, and all clerks, employees, 3 independent 4 assistants, secretaries, staff and stenographic, computer, audio-visual 5 and clerical employees and agents thereof when operating under the 6 supervision of such partners or associate attorneys; contractors, consultants, investigators, paralegals, 7 e. litigation support services, including outside copying services, court 8 reporters, stenographers or companies engaged in the business of 9 supporting computerized or electronic litigation discovery or trial 10 preparation, retained by a Party or its counsel, provided that they 11 execute Exhibit A as described in Paragraph 12 of this Order; 12 f. Any individual expert, consultant, or expert consulting firm retained 13 by a Party or counsel of record of a Party in connection with this 14 Litigation to the extent necessary for the individual expert, consultant, 15 or expert consulting firm to prepare a written opinion, to prepare to 16 testify or to assist counsel of record in the prosecution or defense of 17 the Litigation, provided, however, that: (a) the recipients use the 18 information solely in connection with this Litigation; (b) the recipient 19 signs the written assurance attached as Exhibit A; and (c) provided that 20 the terms of Paragraphs 12, 17 and 20 of this Order are met. 21 Confidential or Highly Confidential Material may not be disclosed to 22 any expert, consultant, or expert consulting firm who are currently 23 employees of a direct competitor of Toyota. 24 expert, consultant, or expert consulting firm that is a current or former 25 (within the past three years from the date of this Order) employee of a 26 Party or any entity that directly competes with Toyota, no disclosure of 27 Confidential or Highly Confidential Information shall occur unless 28 Toyota is given at least twenty (20) days prior written notice of the DB1/ 94120906.3 7 With respect to any AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 identity of expert, consultant, or expert consulting firm (including 2 name, address, current job title and the names of any direct 3 competitors by which he or she has been employed), Toyota is 4 afforded an opportunity to object to the disclosure of the Confidential 5 or Highly Confidential Material, and a resolution to any such objection 6 has been reached either by agreement or Court order. 7 g. Any person (i) who created, authored, received or reviewed such 8 Covered Information; (ii) is or was a custodian of the Covered 9 Information; (iii) is identified on such Covered Information; or (iv) 10 whom counsel in good faith believes to have knowledge of the matters 11 in the Covered Information. Any person other than a current employee 12 falling with the above categories shall sign the written assurance 13 attached as Exhibit A; 14 h. auditors and insurers of the Parties; and 15 i. any other person as may be designated by written agreement by the 16 17 Producing Party or by order of the Court. 11. PERSONS AUTHORIZED TO RECEIVE HIGHLY 18 CONFIDENTIAL MATERIAL. Except as specifically provided for in this or 19 subsequent Court orders, Highly Confidential Material, Protected Data, or their 20 contents may be disclosed, summarized, described, or otherwise communicated or 21 made available in whole or in part only to the persons identified and conditions set 22 forth in Paragraphs 10(a)-(b), (d)-(f), (h) and (i), and: 23 a. Members of the in-house legal departments for the parties or their 24 parents or affiliates, including their paralegals, investigative, technical, 25 secretarial, and clerical personnel who are engaged in assisting them in 26 this Litigation; or 27 b. Any person who (1) (a) created, authored, received or reviewed such 28 Covered Information, (b) is or was a custodian of the Covered DB1/ 94120906.3 8 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 Information, (c) is identified on such Covered Information; and 2 (2) who has signed executing Exhibit A as described in paragraph 12. 3 Notwithstanding the foregoing counsel may disclose Highly Confidential Material 4 while on the record in a deposition taken in this Action to a witness provided; (i) 5 counsel in good faith believes the witness has knowledge of the matters contained 6 in the Highly Confidential Material (but only as to the subject matter to which the 7 witness is reasonably believed to have knowledge; and (ii) counsel in good faith 8 deems it necessary for the prosecution or defense of this Action to show the Highly 9 Information to the witness. The witness shall sign the Exhibit A as described in 10 paragraph 12 before the material is disclosed. If a dispute arises regarding whether 11 it is necessary for the prosecution or defense of the Action to show Highly 12 Confidential Material to the witness, counsel for the parties present at the 13 deposition shall meet and confer during the deposition in an attempt to resolve the 14 dispute. If the parties are unable to resolve the dispute, the Highly Confidential 15 Material shall not be disclosed to the witness until such time that the Court can 16 resolve the dispute. 17 12. EXECUTING THE NON-DISCLOSURE AGREEMENT. Each 18 person to whom Covered Information is disclosed, except as identified in ¶¶ 10-11 19 above, shall execute a non-disclosure agreement in the form annexed hereto as 20 Exhibit A before receiving Covered Information. Copies of the executed Exhibit A 21 shall be retained by counsel disclosing Covered Information to such person. 22 13. CHALLENGING “CONFIDENTIAL” DESIGNATIONS. Any 23 Party may challenge a designation of confidentiality at any time that is consistent 24 with the Court’s pretrial orders. 25 a. Challenge. A Party challenging the designation of any material as 26 Confidential or Highly Confidential shall give written notice to the 27 Designating 28 confidentiality of any document or testimony at the time of receipt, DB1/ 94120906.3 Party. No Party is obliged to challenge 9 the AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 disclosure, or designation thereof, and a failure to do so shall not 2 preclude a subsequent challenge. 3 b. Meet and Confer. Upon receipt of the written objection, counsel 4 for the Designating Party shall, within ten (10) business days, 5 provide a written response to the objecting Party explaining the 6 basis and supporting authority for the designation. The Parties shall 7 meet and confer in good faith to attempt to resolve the dispute 8 without resort to Court intervention. The burden of persuasion in 9 any such challenge proceeding shall be on the Designating Party. 10 As part of that process, the Designating Party must assess whether 11 designation of a portion of the material as “Confidential” is a viable 12 alternative to designation of the entire document. 13 c. Discovery Motion. If no agreement is reached, the Producing 14 Party shall have thirty (30) days from the date the challenge was 15 made to commence the pre-motion conference outlined in the 16 Hon. Karen L. Stevenson’s 17 available 18 procedures. If authorized to do so following a pre-motion 19 conference, the Producing Party shall file and serve a motion 20 pursuant to United States District Court Central District of 21 California Local Rule 37-2 seeking an order prohibiting disclosure 22 of the disputed material other than as permitted by this Protective 23 Order. If the Producing Party does not initiate the pre- discovery 24 motion conference process under Local Rule 37-2 within thirty 25 (30) days of a challenge, the subject Confidential Material or 26 Highly Confidential Material designation is effectively withdrawn. 27 The Receiving Party must make de-designation requests in good at Procedures and Schedules, 28 DB1/ 94120906.3 10 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 faith. 2 designation are prohibited. 3 d. Status Mass, indiscriminate, of Challenged or routinized requests for de- Designation Pending Judicial 4 Determination. 5 motion challenge is made shall continue to be treated as 6 confidential until the Court renders a decision or the motion is 7 otherwise resolved. In the event the Court rules that the challenged 8 material is not Confidential or Highly Confidential, the Designating 9 Party shall reproduce copies of all materials so designated without 10 Confidential or label at the Designating Party’s expense within ten 11 business days. 12 14. Any document or testimony as to which such a SUBPOENA FOR COVERED INFORMATION. If any Party has 13 obtained Covered Information under the terms of this Order and receives a request 14 to produce such Covered Information by subpoena or other compulsory process 15 commanding the production of such Covered Information, such Party shall 16 promptly notify the Designating Party, including in such notice the date set for the 17 production of such subpoenaed information and shall object to the production of 18 such materials on the grounds of the existence of this Order. The Party requested to 19 produce Covered Information shall cooperate with respect to all reasonable 20 procedures sought to be pursued by the Designating Party whose Covered 21 Information may be affected. If the Designating Party timely seeks a protective 22 order, the Party served with the subpoena or any compulsory order shall not 23 produce any Covered Information before a determination by the court from which 24 the subpoena or order issued, unless the Party has obtained the Designating Party’s 25 permission. 26 15. USE OF DISCOVERY MATERIAL: Covered Information shall be 27 used solely for purposes of the Litigation, including any appeal. Nothing in this 28 Order shall limit the Producing Party’s use of its own Covered Information. DB1/ 94120906.3 11 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 16. EXCLUSION OF INDIVIDUALS FROM DEPOSITIONS: 2 Counsel shall have the right to exclude any person who is not authorized by this 3 Order to receive documents or information designated as Covered Information from 4 any deposition where testimony regarding Covered Information or the use of 5 Covered Information is likely to arise. 6 17. SECURITY OF COVERED INFORMATION. Any person in 7 possession of another Party’s Covered Information shall exercise the same care 8 with regard to the storage, custody, or use of Covered Information as they would 9 apply to their own material of the same or comparable sensitivity. Receiving Parties 10 must take reasonable precautions to protect Covered Information from loss, misuse 11 and unauthorized access, disclosure, alteration and destruction, including but not 12 limited to: 13 a. Covered Information in electronic format shall be maintained in a 14 secure litigation support site(s) that applies standard industry practices 15 regarding data security, including but not limited to application of 16 access control rights to those persons entitled to access Covered 17 Information under this Order; 18 b. An audit trail of use and access to litigation support site(s) shall be 19 20 21 22 23 24 25 26 27 28 maintained while this Litigation, including any appeals, is pending; c. Any Covered Information downloaded from the litigation support site(s) in electronic format shall be stored only on devise(s) (e.g. laptop, tablet, smartphone, thumb drive, portable hard drive) that are password protected and/or encrypted with access limited to persons entitled to access Covered Information under this Order. If the user is unable to password protect and/or encrypt the device, then the Covered Information shall be password protected and/or encrypted at the file level. DB1/ 94120906.3 12 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 d. Covered Information in paper format is to be maintained in a secure 2 location with access limited to persons entitled to access Covered 3 Information under this Order; and 4 e. Summaries of Covered Information, including any lists, memorandum, 5 indices or compilations prepared or based on an examination of 6 Covered 7 Information in a manner that enables it to be identified shall be 8 accorded the same status of confidentiality as the underlying Covered 9 Information. Information, that quote from or paraphrase Covered 10 f. If the recipient of Covered Information is shipping data in electronic 11 format, the recipient shall encrypt the data prior to shipping and 12 provide the encryption key in separate correspondence. If hard copy 13 documents are shipped, the Receiving Party will ship the documents 14 using secure packaging tape via Federal Express or UPS and retain a 15 tracking number for the materials. If the Receiving Party learns at any 16 time that the Covered Information has been retrieved or viewed by 17 unauthorized parties during shipment, it will immediately notify the 18 Producing Party and take all reasonable measures to retrieve the 19 improperly disclosed materials. 20 If the Receiving Party discovers a breach of security1 relating to the Covered 21 Information of a Producing Party, the Receiving Party shall: (1) provide written 22 notice to the Producing Party of the breach within 48 hours of the Receiving Party's 23 discovery of the breach; (2) investigate and remediate the effects of the breach, and 24 provide the Producing Party with assurance reasonably satisfactory to the Receiving 25 Party that the breach shall not recur; and (3) provide sufficient information about 26 27 28 1 Breach is defined to include, but is not limited to, the confirmed or suspected: (i) disclosure or use of Covered Information by or to an unauthorized person; and/or (ii) the loss, theft or hacking of a device containing Covered Information. DB1/ 94120906.3 13 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 the breach that the Producing Party can ascertain the size and scope of the breach. 2 The Receiving Party agrees to cooperate with the Producing Party or law 3 enforcement in investigating any such security incident. 4 18. FILING COVERED INFORMATION. The Parties acknowledge 5 that they will maintain the confidentiality of Covered Information. The Parties will 6 comply with applicable law, including any applicable local rules, when seeking to 7 file documents under seal. 8 9 19. PRODUCTION OF DISCOVERY MATERIALS CONTAINING POTENTIALLY PRIVILEGED INFORMATION. The Parties refer to the 10 separately entered Stipulation Re: Production of Privileged Information (Rule 11 502(d)). 12 20. FINAL TERMINATION. Within 60 days of the final termination of 13 the Action, including any and all appeals, counsel for each Party shall, upon request 14 of the Producing Party, return or destroy all Covered Information, including any 15 copies, excerpts and summaries thereof, or shall destroy same at the option of the 16 Receiving Party, and shall purge all such information from all machine-readable 17 media on which the Covered Information resides. Notwithstanding the foregoing, 18 counsel for each Party may retain all pleadings, briefs, memoranda, discovery 19 responses, deposition transcripts, deposition exhibits, expert reports, motions, and 20 other documents filed with the Court that refer to or incorporate Covered 21 Information, and will continue to be bound by this Order with respect to all such 22 retained information. 23 Covered Information need not be destroyed, but, if they are not destroyed, the 24 person in possession of the attorney work-product will continue to be bound by this 25 Order with respect to all such retained information. 26 21. Further, attorney work-product materials that contain PROTECTIVE ORDER REMAINS IN FORCE. This Protective 27 Order shall remain in force and effect until modified, superseded, or terminated by 28 consent of the Parties or by order of the Court made upon reasonable written notice. DB1/ 94120906.3 14 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 Unless otherwise ordered or agreed upon by the parties, this Protective Order shall 2 survive the termination of this Action. The Court retains jurisdiction even after 3 termination of this Action to enforce this Protective Order and to make such 4 amendments, modifications, deletions and additions to this Protective Order as the 5 Court may from time to time deem appropriate. 6 7 22. MODIFYING THIS ORDER. Nothing in this Order shall be 8 construed to prohibit the Parties from agreeing to modify any provision of this 9 Order or seeking relief from the Court. Nor shall anything in this Order or any 10 Party’s compliance herewith be construed as a waiver of any Party’s rights under 11 applicable law. 12 13 IT IS SO ORDERED. 14 15 16 DATED: October 27, 2017 Hon. Karen L. Stevenson U.S. District Court Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 DB1/ 94120906.3 15 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx) 1 EXHIBIT A 2 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [print or type full name], of 4 [print or type full address], have read and understand the 5 Stipulated Protective Order that was issued by the United States District Court for 6 the Central District of California on 7 of Stockinger et al. v. Toyota Motor Sales, U.S.A., Inc., Case No. 2:17-cv-00035- 8 VAP (KSx). I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order. In compliance with this Order, I will not disclose in 10 any manner any information or item that is subject to this Stipulated Protective 11 Order to any person or entity except in strict compliance with the provisions of this 12 Order. [insert date] in the case 13 I further agree to submit to the jurisdiction of the United States District Court 14 for the Central District of California for the purpose of enforcing the terms of this 15 Stipulated Protective Order, even if such enforcement proceedings occur after 16 termination of this action. 17 18 19 20 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Signed this day of , 20 , at [insert city and state where sworn and signed]. 21 22 Signature: 23 24 25 26 27 28 DB1/ 94120906.3 16 AMENDED STIPULATED PROTECTIVE ORDER 2:17-cv-00035-VAP(KSx)

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