Mario Herrera v. T-Mobile USA, Inc. et al

Filing 25

ORDER RE: PROTECTIVE ORDER PURSUANT TO STIPULATION OF PARTIES #24 by Magistrate Judge John E. McDermott. The Stipulated Protective Order attached hereto as Exhibit A shall be entered in this case. (es)

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KEITH A. JACOBY,Bar No. 150233
LAUREN SCHWARTZ,Bar No. 312253
Littler MENDELSON,P.C.
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049 Century Park East
5th Floor
Los Angeles,CA 90067.3107
Telephone: [phone]
Fax No.: 310.553.5583
[e-mail]
[e-mail]

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GREGORY G.ISKANDER,Bar No. 200215
Littler MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek,CA 94597
Telephone: [phone]
Facsimile: 925.946.9809
[e-mail]

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Attorneys for Defendant
T-MOBILE USA,INC.
[
counsel continued on next page)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARIO HERRERA,individually
and on behalf of himself and all
others similarly situated,

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Plaintiff,
v.

Case No.: CV 20-5325-GW-JEMx
Assigned to: Hon. George H. Wu
ORDER RE: PROTECTIVE ORDER
PURSUANT TO STIPULATION OF
PARTIES

T-MOBILE USA,INC.,a Delaware
Corporation, and DOES 1-50,
inclusive,
Defendants.

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LITTLER MENDEISON,P.C.
Treat Taxers
1255 Treal BoulevarA
Sude 600
WaInul Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

Case No. CV 20-5325-GW-JEMx

1 1 James R. Hawkins(SBN 192925

Christina M.Lucio SBN 25367 )
2 1 JAMES HAWKIN~ APLC
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9880 Research Drive, Suite 200
Irvine, California 92618
Telephone:[phone]
Facsimile:[phone]
[e-mail]
[e-mail]

6 ! Attorneys for Plaintiff MARIO HERRERA,

on behalf of himself and all others similarly situated
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LITTLER MENDELSON,P.C.
Tread Taxers
1255 Treat BoulevaM
Suite 600
Walnut Crcek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

2.

Case No. CV 20-5325-GW-JEMx

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FOR GOOD CAUSE SHOWN AND PURSUANT TO THE STIPULATED

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PROTECTIVE ORDER OF THE PARTIES,the Stipulated Protective Order attached ~
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hereto as Exhibit A shall be entered in this case.

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IT IS SO ORDERED.
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Dated:

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CSR~i~~,~ JOHN E. MCDERMOTT
United States Magistrate Judge

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LITTLER MENDELSON,P.C.
Treat Towers
1255 Treal Boulevard
Suile 600
Walnut Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

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.

Case No. CV 20-5325-GW-JEMx

EXHIBITA

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KEITH A. JACOBY,Bar No. 150233
LAUREN SCHWARTZ,Bar No. 312253
Littler MENDELSON,P.C.
2
049 Century Park East
5th Floor
Los Angeles,CA 90067.3107
Telephone: [phone]
Fax No.: 310.553.5583
[e-mail]
[e-mail]

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GREGORY G.ISKANDER,Bar No. 200215
Littler MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek,CA 94597
Telephone: [phone]
Facsimile: 925.946.9809
giskanderClittler.com

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Attorneys for Defendant
T-MOBILE USA,INC.
[
counsel continued on next page)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARIO HERRERA,individually
and on behalf of himself and all
others similarly situated,

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Plaintiff,

Case No.: CV 20-5325-GW-JEMx
Assigned to: Hon. George H. Wu
STIPULATED PROTECTIVE
ORDER

v.

T-MOBILE USA,INC.,a Delaware
Corporation, and DOES 1-50,
inclusive,
Defendants.

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LITTLER MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925,932,2468

STIPULATED PROTECTIVE ORDER

Case No. CV 20-5325-GW-JEMx

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James R. Hawkins(SBN 192925
Christina M.Lucio SBN 25367 )
JAMES HAWKIN APLC
9880 Research Drive, Suite 200
Irvine, California 92618
Telephone:[phone]
Facsimile:[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff MARIO HERRERA,
on behalf of himself and all others similarly situated

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LITTLER MENDELSON,P.C.
Treal Towers
1255 Treal Boulevard
Suite 600
WaInulCreek, CA 94597
925.9322468

STIPULATED PROTECTIVE ORDER

2.

Case No. CV 20-5325-GW-JEMx

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1.

PURPOSES AND LIMITATIONS
A.

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Discovery in this action is likely to involve production of confidential, ',

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proprietary, or private information for which special protection from public disclosure'

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and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly,the parties hereby stipulate to and petition the Court to enter the following

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Stipulated Protective Order. The parties acknowledge that this Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection

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it affords from public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal principles. The

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parties further acknowledge, as set forth in Section XIII(C), below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Civil

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Local Rule 79-5 sets forth the procedures that must be followed and the standards that

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will be applied when a party seeks permission from the Court to file material under seal.

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GOOD CAUSE STATEMENT
A.

This action is likely to involve confidential, non-public, sensitive, and/or

16 'i proprietary trade secrets, business, employment, tax, financial, and personally
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identifiable information, documents and other materials for which special protection

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from public disclosure and from use for any purpose other than prosecution of this

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action is warranted. Such confidential and proprietary materials and information

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consist of, among other things, confidential business or financial information,

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information regarding confidential business practices, or other confidential research,

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development, or commercial information (including information implicating privacy

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rights of third parties), information otherwise generally unavailable to the public, or

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which may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly,to expedite the flow

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of information, to facilitate the prompt resolution of disputes over confidentiality of

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discovery materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of such

LITTLER MENDELSON,P.C.
Treat Taxers
1255 treat Boulevazd
Sure 600
Walnut Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

3.

Case No. CV 20-5325-GW-JEMx

material in preparation for and in the conduct of trial, to address their handling at the
end of the litigation, and serve the ends of justice, a protective order for such
information is justified in this matter. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and that nothing be so designated
without a good 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
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case

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DEFINITIONS
A.

Action:

This pending federal law suit captioned Mario Herrera,

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individually and all others similarly situated vs. T-Mobile USA, Inc., case no. CV 20-

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5325-GW-JEMx

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B.

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Challenging PartX: A Party or Non-Party that challenges the designation

of information or items under this Order.
C.

"CONFIDENTIAL"Information or Items: Information (regardless of how

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it is generated,stored or maintained) or tangible things that qualify for protection under

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Federal Rule of Civil Procedure 26(,x,1, and as specified above in the Good Cause

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Statement.

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D.

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support staff.

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E.

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items that it

Counsel: Outside Counsel of Record and House Counsel (as well as their

Designating PartX: A Party or Non-Party that designates information or
produces in

disclosures

or in responses to

discovery

as

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CONFIDENTIAL."
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F.

Disclosure or Discovery Material: All items or information, regardless of

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the medium or manner in which it is generated,stored,or maintained (including,among

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other things, testimony,transcripts, and tangible things), that are produced or generated

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in disclosures or responses to discovery in this matter.

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LITTLER MENDELSON, P.C.
Treal Taxers
1255 Treat Boulevard
$UIIB~

Walnut Creek, CA 94597
925.932,2468

G.

Expert: A person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as an
STIPULATED PROTECTIVE ORDER

4.

Case No. CV 20-5325-GW-JEMx

l ~ ~ expert witness or as a consultant in this Action.

H.

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House Counsel: Attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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I.

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Non-Party: Any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.
J.

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Outside Counsel of Record: Attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm which

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has appeared on behalf of that party, and includes support staff.
K.

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Party: Any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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L.

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Producing PartX:

A Party or Non-Party that produces Disclosure or

Discovery Material in this Action.
M.

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Professional Vendors: Persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing,storing, or retrieving data in any form or medium)and

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their employees and subcontractors.
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Protected Material:

Any Disclosure or Discovery Material that is

designated as "CONFIDENTIAL."
O.

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Receivin~PartX: A Party that receives Disclosure or Discovery Material

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from a Producing Party.

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SCOPE
A.

The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or extracted

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of

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Protected Material; and (3) any testimony, conversations,or presentations by Parties or

LITTLER MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
WaInul Creek, CA 94597
925.9322468

STIPULATED PROT'ECTNE ORDER

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Case No. CV 20-5325-GW-JEMx

1 ~ their Counsel that might reveal Protected Material.
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B.

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the trial judge. This Order does not govern the use of Protected Material at trial.

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5.

DURATION
A.

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Any use of Protected Material at trial shall be governed by the orders of

Even after final disposition of this litigation, the confidentiality

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obligations imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of(1) dismissal of all claims and defenses in this Action, with or

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without prejudice; and (2)final judgment herein after the completion and exhaustion of ~,

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all appeals, rehearings, remands, trials, or reviews of this Action, including the time

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limits for filing any motions or applications for extension of time pursuant to applicable

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law.

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DESIGNATING PROTECTED MATERIAL
A.

Exercise of Restraint and Care in Designating Material for Protection
1.

Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. The Designating Party must

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designate for protection only those parts of material,documents,items,or oral or written

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communications that qualify so that other portions of the material, documents,items,or

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communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made for an

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improper purpose (e.g., to unnecessarily encumber the case development process or to

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impose unnecessary expenses and burdens on other parties) may expose the Designating

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Party to sanctions.

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LITTLER MENDELSON,P.C.
Treal Towers
1255 Treat Boulevard
Suite 600
Walnu! Creek, CA 94597
925.932.2468

3.

If it comes to a Designating Party's attention that information or

items that it designated for protection do not qualify for protection, that Designating
STIPULATED PROTECTIVE ORDER

6.

Case No. CV 20-5325-GW-JEMx

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Party must promptly notify all other Parties that it is withdrawing the inapplicable

2 ~ designation.
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B.

Manner and Timing of Designations
1.

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Except as otherwise provided in this Order (see, e.g., Section ~

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B(2)(b) below),or as otherwise stipulated or ordered,Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before the

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material is disclosed or produced.
2.

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Designation in conformity with this Order requires the following:
a.

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For information in documentary form (e.g., paper or

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proceedings), that the Producing Party affix

at a

minimum, the legend

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"
CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that

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contains protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the protected

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portions)(e.g., by making appropriate markings in the margins).
b.

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A Party or Non-Party that makes original documents

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available for inspection need not designate them for protection until after the inspecting

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Party has indicated which documents it would like copied and produced. During the

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inspection and before the designation, all of the material made available for inspection

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shall be deemed "CONFIDENTIAL." After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this Order. Then, before

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producing

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the

specified

documents, the Producing

Party

must affix

the

"
CONFIDENTIAL legend" to each page that contains Protected Material.
B.

Manner and Timing of Designations
1.

Except as otherwise provided in this Order (see, e.g., Section

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B(2)(b) below),or as otherwise stipulated or ordered,Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before the

LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnm Creek, CA 94597
925.9322668

STIPULATED PROTECTIVE ORDER

7.

Case No. CV 20-5325-GW-JEMx

1 ~ material is disclosed or produced.
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2.

Designation in conformity with this Order requires the following:
a.

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For information in documentary form (e.g., paper or

4 ~ electronic documents, but excluding transcripts of depositions or other pretrial or trial ~
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proceedings), that the Producing Party affix at a minimum, the legend

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CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that
"

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contains protected material. If only a portion or portions of the material on a page

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qualifies for protection, the Producing Party also must clearly identify the protected

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portions)(e.g., by making appropriate markings in the margins).
b.

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A Party or Non-Party that makes original documents

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available for inspection need not designate them for protection until after the inspecting

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Party has indicated which documents it would like copied and produced. During the ',

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inspection and before the designation, all of the material made available for inspection

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shall be deemed "CONFIDENTIAL." After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this Order. Then, before

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producing the

specified

documents, the Producing

Party

must affix

the

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"
CONFIDENTIAL legend" to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection,the Producing Party

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also must clearly identify the protected portions)(e.g., by making appropriate markings

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in the margins).

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c.

For testimony given in depositions,that the Designating Party

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identify the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.

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d.

For information produced in form other than document and

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for any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information is stored the legend

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"
CONFIDENTIAL." If only a portion or portions of the information warrants

LITTLER MENDEISON,P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creak, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

8.

Case No. CV 20-5325-GW-JEMx

protection, the Producing Party, to the extent practicable, shall identify the protected
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portion(s).
C.

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Inadvertent Failure to Designate
1.

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If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating Party's right to

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secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
A.

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1.

B.

Meet and Confer
1.

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The Challenging Party shall initiate the dispute resolution process

under Local Rule 37-1 et seq.
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.

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Any party or Non-Party may challenge a designation of

confidentiality at any time that is consistent with the Court's Scheduling Order.

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Timing of Challenges

Any challenge submitted to the Court shall be via a joint stipulation

pursuant to Local Rule 37-2.
C.

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The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party. Frivolous challenges,and those made for an improper purpose (e.g.,

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to harass or impose unnecessary expenses and burdens on other parties) may expose the

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Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn

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the confidentiality designation, all parties shall continue to afford the material in

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question the level of protection to which it is entitled under the Producing Party's

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designation until the Court rules on the challenge.

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LITTLER MENDELSON,P.C.
Treal Taxers
1255 Treal Boulevard
Suite 600
Walnm Creek, CA 94597
925.9322468

ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles
1.

A Receiving Party may use Protected Material that is disclosed or

produced by another Party or by a Non-Party in connection with this Action only for
STIPULATED PROTECTIVE ORDER

9.

Case No. CV 20-5325-GW-JEMx

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prosecuting, defending, or attempting to settle this Action. Such Protected Material

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may be disclosed only to the categories of persons and under the conditions described

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in this Order. When the Action has been terminated, a Receiving Party must comply

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with the provisions of Section XIV below.
2
.

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Protected Material must be stored and maintained by a Receiving

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Party at a location and in a secure manner that ensures that access is limited to the

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persons authorized under this Order.

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B.

Disclosure of"CONFIDENTIAL" Information or Items
1.

Unless otherwise ordered by the Court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated

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CONFIDENTIAL" only to:
"
a.

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The Receiving Party's Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this Action;
b.

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The officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

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Action and who have signed the "Acknowledgment and Agreement to Be Bound"

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Exhibit A);

c.

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Experts (as defined in this Order) of the Receiving Party to

whom disclosure is reasonably necessary for this Action and who have signed the
"
Acknowledgment and Agreement to Be Bound"(Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary or this Action and

2
6

who have signed the "Acknowledgment and Agreement to be Bound" attached as

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Exhibit A hereto;

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LITTLER MENDELSON, P.C.
Treat Taxers
1255 Treat Boulevard
Suite 600
WaInul Creek, CA 94597
925.9322468

g.

The author or recipient of a document containing the

STIPULATED PROTECTIVE ORDER

10.

Case No. CV 20-5325-GW-JEMx

information or a custodian or other person who otherwise possessed or knew the
2 ~ information;

h.

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During their depositions, witnesses, and attorneys for

4 ~ witnesses, in the Action to whom disclosure is reasonably necessary provided: (i) the
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deposing party requests that the witness sign the "Acknowledgment and Agreement to

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Be Bound;" and (ii) they will not be permitted to keep any confidential information

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unless they sign the "Acknowledgment and Agreement to Be Bound," unless otherwise

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agreed by the Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material shall be '~

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separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order; and
i.

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Any mediator or settlement officer, and their supporting

13

personnel, mutually agreed upon by any of the parties engaged in settlement

14

discussions.

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PROTECTED MATERIAL SUPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

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A.

If a Party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any information or items designated in this Action

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as "CONFIDENTIAL," that Party must:
1.

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0
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Promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
2.

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Promptly notify in writing the party who caused the subpoena or

23

order to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall include a

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copy of this Stipulated Protective Order; and
3.

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28
LITTLER MENDELSON,P.C.
Treat Tavern
1255 ?real Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.
B.

If the Designating Party timely seeks a protective order, the Party served

STIPULATED PROTECT[VE ORDER

11.

Case No. CV 20-5325-GW-JEMx

1

with the subpoena or court order shall not produce any information designated in this

2

action as "CONFIDENTIAL" before a determination by the Court from which the

3

subpoena or order issued, unless the Party has obtained the Designating Party's

4

permission. The Designating Party shall bear the burden and expense of seeking

5

protection in that court of its confidential material and nothing in these provisions

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should be construed as authorizing or encouraging a Receiving Party in this Action to

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disobey a lawful directive from another court.

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10.

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10

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 Non-

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Party in this Action and designated as"CONFIDENTIAL." Such information produced

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by Non-Parties in connection with this litigation is protected by the remedies and relief

13

provided by this Order. Nothing in these provisions should be construed as prohibiting

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a Non-Party from seeking additional protections.

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B.

In the event that a Party is required, by a valid discovery request, to

16

produce allon-Party's confidential information in its possession, and the Party is

17

subject to an agreement with the Non-Party not to produce the Non-Party's confidential

18

information, then the Party shall:
1.

19

Promptly notify in writing the Requesting Party and the Non-Party

2
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that some or all of the information requested is subject to a confidentiality agreement

21

with allon-Party;
2.

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Promptly provide the Non-Party with a copy of the Stipulated

23

Protective Order in this Action, the relevant discovery request(s), and a reasonably

24

specific description of the information requested; and
3.

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Make the information requested available for inspection by the Non-

2 ~ Party,if requested.
6
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LITTLER MENDELSON,P.C.
Treat Taxers
1255 Tread Boulevard
Suite 600
WaInul Creek, CA 94597
925,932,2468

C.

If the Non-Party fails to seek a protective order from this court within 14

days of receiving the notice and accompanying information, the Receiving Party may
STIPULATED PROTECTIVE ORDER

12.

Case No. CV 20-5325-GW-JEMx

1

produce the Non-Party's confidential information responsive to the discovery request.

2

If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

3

any information in its possession or control that is subject to the confidentiality

4

agreement with the Non-Party before a determination by the court. Absent a court order

5

to the contrary, the Non-Party shall bear the burden and expense of seeking protection

6

in this court of its Protected Material.

7

11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
A.

8

If a Receiving Party learns that, by inadvertence or otherwise, it has

9

disclosed Protected Material to any person or in any circumstance not authorized under

10

this Stipulated Protective Order, the Receiving Party must immediately (1) notify in

11

writing the Designating Party of the unauthorized disclosures,(2) use its best efforts to

12

retrieve all unauthorized copies of the Protected Material,(3) inform the person or

13

persons to whom unauthorized disclosures were made of all the terms of this Order,and

14 ( request such person or persons to execute the "Acknowledgment and Agreement to
4)
15

be Bound" that is attached hereto as Exhibit A.

16

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

17

PROTECTED MATERIAL

18

A.

When a Producing Party gives notice to Receiving Parties that certain

19

inadvertently produced material is subject to a claim of privilege or other protection,

20

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

21

Procedure 26(bll,~l(Bl. This provision is not intended to modify whatever procedure

22

may be established in an e-discovery order that provides for production without prior

23

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

24

parties reach an agreement on the effect of disclosure of a communication or

25

information covered by the attorney-client privilege or work product protection, the

26

parties may incorporate their agreement in the Stipulated Protective Order submitted to

27

the Court.

28
LITTLER MENDELSON,P.C.
Treat Taxers
tt55 Treal BoulevazC
Suite 600
Walnut Crcek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

13.

Case No. CV 20-5325-G W-JEMx

1

B.

Pursuant to Federal Rule of Evidence 502(d) and (e), in order to comply

2

with applicable discovery deadlines, a Party may be required to produce certain

3

categories of Documents that have been subject to minimal or no attorney review (the

4

"
Disclosures"). This Stipulated Protective Order is designed to foreclose any arguments

5

that by making such Disclosures, the disclosure or production of Documents subject to

6

a legally recognized claim of privilege,including without limitation the attorney-client

7

privilege, work-product doctrine, or other applicable privilege:

8

( Was not inadvertent by the Producing Party;
a)

9

( That the Producing Party did not take reasonable steps to prevent the
b)

10
11
12
13
14
15

disclosure of privileged Documents;
( That the Producing Party did not take reasonable or timely steps to rectify
c)
such Disclosure; and/or
( That such Disclosure acts as a waiver of applicable privileges or
d)
protections associated with such Documents.
C.

Pursuant to FRE 502(d)and(e),the Parties stipulate to and the Court orders

16

protection of privileged and otherwise protected Documents against claims of waiver

17

(
including as against third parties and in other federal and state proceedings) as follows:

18

( The disclosure or production of Documents by a Producing Party subject
a)

19

to a legally recognized claim of privilege, including without limitation the attorney-

2
0

client privilege and the work-product doctrine, to a Receiving Party, shall in no way

21

constitute the voluntary disclosure of such Document.

22

( The inadvertent disclosure or production of any Document this action
b)

23

shall not result in the waiver of any privilege, evidentiary protection or other protection

24

associated with such Document as to the Receiving Party or any third parties, and shall

25

not result in any waiver,including subject matter waiver, of any kind.

2
6

( If, during the course of this litigation, a Party determines that any
c)

27

Document produced by another party is or may reasonably be subject to a legally

28

recognizable privilege or evidentiary protection ("Protected Document"):

LITTLER MENDELSON,P.C.
Treal Taxers
1255 Treal Boulevard
Suite 600
Walnm Creek. CA 94597
925.9322468

STIPULATED PROTECTIVE ORDER

14.

Case No. CV 20-5325-GW-JEMx

1

(1)

The Receiving Party shall: (A) refrain from reading the Protected

2

Document any more closely than is necessary to ascertain that it is privileged or

3

otherwise protected from disclosure; (B) immediately notify the Producing Party in

4

writing that it has discovered Documents believed to be privileged or protected,

5

identified by Bates number or hash value; and,
(C) within ten (10)days of discovery by

6

the Receiving Party, return, sequester, or destroy all copies of such Protected

7

Documents, along with any notes, abstracts or compilations of the content thereof,

8

including any copies that have been loaded into a litigation review database. If Protected

9

Documents cannot be destroyed or separated, the Producing Party should be notified

l0

immediately. Notwithstanding the above,the Receiving Party is under no obligation to

11

search or review the Producing Party's Documents to identify potentially privileged or

12

work product Protected Documents.

13

(
2)

If the Producing Party intends to assert a claim of privilege or other

14

protection over Documents identified by the Receiving Party as Protected Documents,

15

the Producing Party will, within ten(10)days of receiving the Receiving Party's written

16

notification described above, inform the Receiving Party of such intention in writing

17

and shall provide the Receiving Party with a log for such Protected Documents that is

18

consistent with the requirements of the Federal Rules of Civil Procedure.. In the event

19

that any portion of a Protected Document does not contain privileged or protected

20

information, the Producing Party shall also provide to the Receiving Party a redacted

21

copy of the document that omits the information that the Producing Party believes is

22

subject to a claim of privilege or other protection.

23
24
25

( If, during the course of this litigation, a party determines it has produced
d)
a Protected Document:
(1)

The Producing Party may notify the Receiving Party of such

2
6

inadvertent production in writing, and demand the return of such documents. Such

27

notice may be delivered orally on the record at a deposition, promptly followed up in

28

writing. The Producing Party's written notice will identify the Protected Document by

LITTLER MENDELSON,P.C.
Treat Towers
1255 Treal Balevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

15.

Case No. CV 20-5325-GW-JEMx

1

Bates number range or hash value,the privilege or protection claimed,and the basis for

2

the assertion of the privilege and shall provide the Receiving Party with a log for such

3

Protected Documents that is consistent with the requirements of the Federal Rules of

4

Civil Procedure. In the event that any portion of the Protected Document does not

5

contain privileged or protected information, the Producing Party shall also provide to

6

the Receiving Party a redacted copy of the Document that omits the information that

7

the Producing Party believes is subject to a claim of privilege or other protection.
(
2)

8

The Receiving Party must, within ten (10) days of receiving the

9

Producing Party's written notification described above,return, sequester,or destroy the

10

Protected Document and any copies, along with any notes, abstracts or compilations of

11

the content thereof, including any copies that have been loaded into a litigation review

12

database.

13

(e) To the extent that the information contained in a Protected Document has

14

already been used in or described in other documents generated or maintained by the

15

Receiving Party prior to the date of receipt of written notice by the Producing Party as

16

set forth in paragraphs (c)(ii) and d(i), then the Receiving Party shall sequester such

17

documents until the claim has been resolved. If the Receiving Party disclosed the

18

Protected Document before being notified of its inadvertent production, it must take

19

reasonable steps to retrieve it.

20

( The Receiving Party's return, sequestering or destruction of Protected
~

21

Documents as provided herein will not act as a waiver of the Requesting Party's right

22

to move for the production of the returned, sequestered or destroyed documents on the

23

grounds that the documents are not, in fact, subject to a viable claim of privilege or

24

protection. However,the Receiving Party is prohibited and estopped from arguing that:

25
2
6

(1)

The disclosure or production of the Protected Documents acts as a

waiver of an applicable privilege or evidentiary protection;

27

(
2)

The disclosure of the Protected Documents was not inadvertent;

28

(
3)

The Producing Party did not take reasonable steps to prevent the

LITTLER MENDELSON,P.C.
Treat Towers
1255 Treat Balevard
Suite 600
Walnut Creek, CA 94597
925.9322468

STIPULATED PROTECTIVE ORDER

16.

Case No. CV 20-5325-GW-JEMx

1

disclosure of the Protected Documents; or
(
4)

2

The Producing Party failed to take reasonable or timely steps to

3

~
rectify the error pursuant to Federal Rule of Civil Procedure 26(,]2,(51(Bl, or otherwise.

4

( Either party may submit Protected Documents to the Court under seal for
g)

5

a determination of the claim of privilege or other protection. The Producing Party shall

6

preserve the Protected Documents until such claim is resolved. The Receiving Party

7

may not use the Protected Documents for any purpose absent this Court's Order.

8

(
h) Upon a determination by the Court that the Protected Documents are

9

protected by the applicable privilege or evidentiary protection,the Protected Documents

10

shall be returned or destroyed within 10(ten) days of the Court's order. The Court may

11

also order the identification by the Receiving Party of Protected Documents by search

12

terms or other means.

13

(
i)

Nothing contained herein is intended to, or shall serve to limit a party's

14

right to conduct a review of documents, data (including electronically stored

15

information) and other information, including without limitation, metadata, for

16

relevance, responsiveness and/or the segregation of privileged and/or protected

17

information before such information is produced to another party.

18
19

( By operation of the parties' agreement and Court Order, the parties are
j)
specifically afforded the protections of FRE 502(d) and (e).

20

D

Because the purpose of Section 12 is to protect and preserve privileged

21

Documents, the parties agree they are bound as follows from and after the date their

22

counsel have signed it, even if such execution occurs prior to court approval.

23

13.

24

MISCELLANEOUS
A.

25

Right to Further Relief
1.

Nothing in this Order abridges the right of any person to seek its

2 ~ modification by the Court in the future.
6
27
28
LITTLER MENDELSON,P.C.
Treat Taxers
1255 Treal Boulevard
Sude 600
Walnut Creek, CA 94597
925.932.2468

B.

Right to Assert Other Objections
1.

By stipulating to the entry of this Protective Order, no Party waives

STIPULATED PROTECTIVE ORDER

17.

Case No. CV 20-5325-GW-JEMx

1

any right it otherwise would have to object to disclosing or producing any information

2

or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

3

Party waives any right to object on any ground to use in evidence of any of the material

4

covered by this Protective Order.

5

C.

Filing Protected Material

6

1.

A Party that seeks to file under seal any Protected Material must comply

7

with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant

8

to a court order authorizing the sealing of the specific Protected Material at issue. If a

9

Party's request to file Protected Material under seal is denied by the Court, then the

10

Receiving Party may file the information in the public record unless otherwise

11

instructed by the Court.

12

14.

13

INFORMATION SECURITY PROTECTIONS
14.1 Any person in possession of another Party's Protected Material shall

14

maintain a

15

administrative, technical, and physical safeguards designed to protect the security and

16

confidentiality of such Protected Material, protect against any reasonably anticipated

17

threats or hazards to the security of such Protected Material, and protect against

18

unauthorized access to or use of such Protected Material. To the extent a person or

19

Party does not have an information security program they may comply with this

2
0

provision by having the Protected Material managed by and/or stored with eDiscovery

21

vendors or claims administrators that maintain such an information security program.

written information security

program

that includes reasonable

22

14.2 If the Receiving Party discovers a breach of security,including any actual

23

or suspected unauthorized access, relating to another Party's Protected Material, the

24

Receiving Party shall:(1) promptly provide written notice to Designating Party of such

25

breach;(2)investigate and take reasonable efforts to remediate the effects of the breach,

2
6

and provide Designating Party with assurances reasonably satisfactory to Designating

27

Party that such breach shall not recur; and (3) provide sufficient information about the

28

breach that the Designating Party can reasonably ascertain the size and scope of the

LITTLER MENDELSON, P.C.
Treat Taxers
1255 Tread Boulevard
Suite 600
Walnut Crcek, CA 94597
925.9322468

STIPULATED PROTECTIVE ORDER

18.

Case No. CV 20-5325-GW-JEMx

1

breach. If required by any judicial or governmental request, requirement or order to

2

disclose such information,the Receiving Party shall take all reasonable steps to give the

3

Designating Party sufficient prior notice in order to contest such request, requirement

4

or order through legal means. The Receiving Party agrees to cooperate with the

5

Designating Party or law enforcement

6

in investigating any such security incident. In any event, the Receiving Party shall

7

promptly take all necessary and appropriate corrective action to terminate the

8

unauthorized access.

9

15.

10

FINAL DISPOSITION
A.

After the final disposition of this Action, as defined in Section V, within

11

sixty(60)days of a written request by the Designating Party,each Receiving Party must

12

return all Protected Material to the Producing Party or destroy such material. As used

13

in this subdivision,"all Protected Material" includes all copies, abstracts,compilations,

14

summaries, and any other format reproducing or capturing any of the Protected

15

Material. Whether the Protected Material is returned or destroyed, the Receiving Party

16

must submit a written certification to the Producing Party (and,if not the same person

17

or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by

18

category, where appropriate) all the Protected Material that was returned or destroyed

19

and (2) affirms that the Receiving Party has not retained any copies, abstracts,

20

compilations, summaries or any other format reproducing or capturing any of the

21

Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

22

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

23

legal memoranda,correspondence,deposition and trial exhibits,expert reports,attorney

24

work product, and consultant and expert work product, even if such materials contain

25

Protected Material. Any such archival copies that contain or constitute Protected

2
6

Material remain subject to this Protective Order as set forth in Section V.

27
28
LITTLER MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
WaInulCreek, CA 94597
925.9321468

B.

Any violation of this Order may be punished by any and all appropriate

measures including, without limitation, contempt proceedings and/or monetary
STIPULATED PROTECTIVE ORDER

19.

Case No. CV 20-5325-GW-JEMx

1
2

sanctions.
IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD.

3
4

Dated:

11/17/2020

/s/ Christina M.Lucio
Attorneys)for Plaintiffs)

Dated:

11/17/2020

/s/ Alison S. Hightower
Attorneys)for Defendants)

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2
0
21
22
23
24
25
2
6
27
28
LITTLER MENDELSON,P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
WalwtCreek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

20.

Case No. CV 20-5325-GW-JEMx

l j
2

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

4
5

[print or type full name],of
[print or type full address], declare under penalty of perjury that I have ~

6

read in its entirety and understand the Stipulated Protective Order that was issue by the ~
7
8

United States District Court for the Central District of California on[DATE]in the case ~

9

of

[insert formal name of the case and the number and

10

initials assigned to it by the Court]. I agree to comply with and to be bound by all the
11
12

terms of this Stipulated Protective Order and I understand and acknowledge that failure

13

to so comply could expose me to sanctions and punishment in the nature of contempt.

14 '~
15 '
16
17 I~

I solemnly promise that I will not disclose in any manner any information or item that
is subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.

18 ~
19
2
0
21

I further agree to submit to the jurisdiction of the United States District Court for
the Central District of California for the purpose of enforcing the terms of this Stipulated
Protective Order,even if such enforcement proceedings occur after termination of this

22
23
24
25

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

2
6
27 I
28
LITTLER MENDELSON,P.C.
Treal Taxers
1255 Treal Boulevard
Suite 600
WaInul Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

21.

Case No. CV 20-5325-GW-JEMx

1

related to enforcement of this Stipulated Protective Order.

2

Date:
3
4

City and State where sworn and signed:

5

Printed Name:

6

Signature:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ~
23
24
25
2
6
27
28
LITTLER MENDELSON,P,G
Treat Towers
1255 Treal Boulevard
Suile 600
WaInulCreek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

22.

Case No. CV 20-5325-GW-JEMx

1

Signature Attestation

2
I,Christina M.Lucio,Esq., hereby attest that all other signatories listed, and on whose
3
4

behalf the filing is submitted,concur in the filing's content and have authorized the

5

filing.

6
By: /s/ Christina M.Lucio

7

Christina M.Lucio,Esq.
8
9
10

Certificate of Service

11

The attached was served on all parties and their counsel,through the ECF

12
system,on November 17,2020.
l3
14
15

By: /s/ Christina M.Lucio

16

Christina M.Lucio,Esq.

17
18
19
2
0
21
22
23
24
25
26
27
28
LITTLER MENDELSON,P.C.
Treat Taxers
1255 Treat Boulevard
Suile 600
Walnul Creek, CA 94597
925.932.2468

STIPULATED PROTECTIVE ORDER

23.

Case No. CV 20-5325-GW-JEMx