Daniel Sydnor v. Honeywell International, Inc. et al

Filing 33

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 31 (dml)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RAMIN R. YOUNESSI, CA State Bar No. 175020 ryounessi@younessilaw.com SAMUEL GESHGIAN, CA State Bar No. 300470 sgeshgian@younessilaw.com EDUARDO BALDERAS, CA State Bar No. 322589 ebalderas@younessilaw.com BRYCE BOMMER, CA State Bar No. 313846 bbommer@younessilaw.com LAW OFFICES OF RAMIN R. YOUNESSI A Professional Law Corporation 3435 Wilshire Boulevard, Suite 2200 Los Angeles, CA 90010 Telephone: (213) 480-6200 Facsimile: (213) 480-6201 Attorneys for Plaintiff DANIEL SYDNOR HARDY RAY MURPHY, CA Bar No. 187149 hardy.murphy@ogletree.com MINH P. NGO, CA Bar No. 302230 minh.ngo@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: 213-239-9800 Facsimile: 213-239-9045 Attorneys for Defendant HONEYWELL INTERNATIONAL, INC. 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 DANIEL SYDNOR, an individual, 20 Plaintiff, 21 STIPULATED PROTECTIVE ORDER1 v. 22 HONEYWELL INTERNATIONAL 23 INC., a Delaware corporation; HONEYWELL AEROSPACE, a 24 business entity of unknown form; and DOES 1 through 20, inclusive, 25 Defendants. 26 Case No. 2:20-cv-08144 JWH (RAOx) Complaint Filed: July 31, 2020 Trial Date: January 31, 2022 District Judge: Hon. John W. Holcomb Courtroom 2, Riverside Magistrate Judge: Hon. Rozella A. Oliver Courtroom 590, Roybal 27 28 Stipulated Protective 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 2 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve personal and sensitive medical information, 13 14 which special protection from public disclosure and from use for any purpose other 15 than prosecution of this action is warranted. Such confidential and proprietary 16 materials and information consist of, among other things, raw data and test materials 17 relating to the mental examination of the plaintiff, confidential business or financial 18 information, information otherwise generally unavailable to the public, or which may 19 be privileged or otherwise protected from disclosure under state or federal statutes, 20 court rules, case decisions, or common law. Accordingly, to expedite the flow of 21 information, to facilitate the prompt resolution of disputes over confidentiality of 22 discovery materials, to adequately protect information the parties are entitled to keep 23 confidential, to ensure that the parties are permitted reasonable necessary uses of 24 such material in preparation for and in the conduct of trial, to address their handling 25 at the end of the litigation, and serve the ends of justice, a protective order for such 26 information is justified in this matter. It is the intent of the parties that information 27 will not be designated as confidential for tactical reasons and that nothing be so 28 Stipulated Protective confidential commercial, business, financial, and/or proprietary information for designated without a good faith belief that it has been maintained in a confidential, 1 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 non-public manner, and there is good cause why it should not be part of the public 2 record of this case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 Stipulated Protective Order does not entitle them to file confidential information 6 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 7 the standards that will be applied when a party seeks permission from the court to 8 file material under seal. 9 There is a strong presumption that the public has a right of access to judicial 10 proceedings and records in civil cases. In connection with non-dispositive motions, 11 good cause must be shown to support a filing under seal. See Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 14 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 15 good cause showing), and a specific showing of good cause or compelling reasons 16 with proper evidentiary support and legal justification, must be made with respect to 17 Protected Material that a party seeks to file under seal. The parties’ mere designation 18 of Disclosure or Discovery Material as HIGHLY CONFIDENTIAL or 19 CONFIDENTIAL does not—without the submission of competent evidence by 20 declaration, establishing that the material sought to be filed under seal qualifies as 21 confidential, privileged, or otherwise protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 24 relief sought shall be narrowly tailored to serve the specific interest to be protected. 25 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 26 each item or type of information, document, or thing sought to be filed or introduced 27 under seal in connection with a dispositive motion or trial, the party seeking 28 Stipulated Protective compelling reasons, not only good cause, for the sealing must be shown, and the protection must articulate compelling reasons, supported by specific facts and legal 2 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 justification, for the requested sealing order. Again, competent evidence supporting 2 the application to file documents under seal must be provided by declaration. Any document that is not confidential, privileged, or otherwise protectable in 3 4 its entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document shall 7 be filed. Any application that seeks to file documents under seal in their entirety 8 should include an explanation of why redaction is not feasible. 9 2. 10 DEFINITIONS 2.1 Action: this case entitled Daniel Sydnor v. Honeywell International, 11 Inc., et al., Case No. 2:20-cv-08144 JWH (RAOx), currently pending in the Central 12 District of California. 13 14 15 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 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 the 18 Good Cause Statement. 19 2.4 “HIGHLY CONFIDENTIAL” Information or Items: information 20 (regardless of how it is generated, stored or maintained) or tangible things that 21 qualify for protection under Federal Rule of Civil Procedure 26(c) and as specified 22 above in the Good Cause Statement that the Designating Party believes in good faith 23 that disclosure would create a substantial risk of serious and/or substantial harm 24 including misuse or misrepresentation of the data or the test, or other injury that 25 cannot be avoided by less restrictive means. 26 27 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 28 Stipulated Protective 3 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 2.6 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”. 4 2.7 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things) that are produced or 7 generated in disclosures or responses to discovery in this matter. 8 9 10 11 2.8 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 expert witness or as a consultant in this Action. 2.9 House Counsel: attorneys who are employees of a party to this Action. 12 House Counsel does not include Outside Counsel of Record or any other outside 13 counsel. 14 15 16 2.10 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 2.11 Outside Counsel of Record: attorneys who are not employees of a party 17 to this Action but are retained to represent or advise a party to this Action and have 18 appeared in this Action on behalf of that party or are affiliated with a law firm that 19 has appeared on behalf of that party, and includes support staff. 20 2.12 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and their 22 support staffs). 23 24 25 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.14 Professional Vendors: persons or entities that provide litigation support 26 27 demonstrations, and organizing, storing, or retrieving data in any form or medium) 28 Stipulated Protective services (e.g., photocopying, videotaping, translating, preparing exhibits or and their employees and subcontractors. 4 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 2.15 Protected Material: any Disclosure or Discovery Material that is 1 2 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 3 4 from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or 10 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 11 12 trial judge. This Order does not govern the use of Protected Material at trial. 13 4. DURATION The confidentiality obligations imposed by this Order shall remain in effect 14 15 even after final disposition of this Action until a Designating Party agrees otherwise 16 in writing or a court order otherwise directs. Final disposition shall be deemed to be 17 the later of (1) dismissal of all claims and defenses in this Action, with or without 18 prejudice; and (2) final judgment herein after the completion and exhaustion of all 19 appeals, re-hearings, remands, trials, or reviews of this Action, including the time 20 limits for filing any motions or applications for extension of time pursuant to 21 applicable law. To the extent permitted by law, the Court shall retain jurisdiction to enforce, 22 23 modify, or reconsider this Stipulation and Protective Order, even after the final 24 disposition of this Action. 25 The Parties shall meet and confer regarding the procedures for use of 26 Confidential Materials at trial and shall move the Court for entry of an appropriate 27 order. 28 Stipulated Protective 5 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 2 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. The Designating Party must designate for 6 protection only those parts of material, documents, items or oral or written 7 communications that qualify so that other portions of the material, documents, items 8 or communications for which protection is not warranted are not swept unjustifiably 9 within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber the case development process or to impose 13 unnecessary expenses and burdens on other parties) may expose the Designating 14 Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 21 under this Order must be clearly so designated before the material is disclosed or 22 produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, 25 26 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY 27 CONFIDENTIAL” (hereinafter, collectively “CONFIDENTIAL legend”), to each 28 Stipulated Protective but excluding transcripts of depositions or other pretrial or trial proceedings), that the page that contains protected material. If only a portion of the material on a page 6 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 qualifies for protection, the Producing Party also must clearly identify the protected 2 portion(s) (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and 6 before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 8 documents it wants copied and produced, the Producing Party must determine which 9 documents, or portions thereof, qualify for protection under this Order. Then, before 10 producing the specified documents, the Producing Party must affix the 11 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 12 portion of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 in the margins). 15 (b) for testimony given in depositions that the Designating Party identifies the 16 Disclosure or Discovery Material on the record, before the close of the deposition all 17 protected testimony. 18 (c) for information produced in some form other than documentary and for 19 any other tangible items, that the Producing Party affix in a prominent place on the 20 exterior of the container or containers in which the information is stored the legend 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions 22 of the information warrants protection, the Producing Party, to the extent practicable, 23 shall identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 28 Stipulated Protective 7 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 efforts to assure that the material is treated in accordance with the provisions of this 2 Order. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 4 Timing of Challenges. Any Party or Non-Party may challenge a 5 designation of confidentiality at any time that is consistent with the Court’s 6 Scheduling Order. 6.2 7 8 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 6.3 9 The burden of persuasion in any such challenge proceeding shall be on 10 the Designating Party. Frivolous challenges, and those made for an improper 11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 12 parties) may expose the Challenging Party to sanctions. Unless the Designating 13 Party has waived or withdrawn the confidentiality designation, all parties shall 14 continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the Court rules on the 16 challenge. 17 7. 18 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 19 disclosed or produced by another Party or by a Non-Party in connection with this 20 Action only for prosecuting, defending or attempting to settle this Action. Such 21 Protected Material may be disclosed only to the categories of persons and under the 22 conditions described in this Order. When the Action has been terminated, a 23 Receiving Party must comply with the provisions of section 13 below (FINAL 24 DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 Stipulated Protective 8 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 2 otherwise ordered by the court or permitted in writing by the Designating Party, a 3 Receiving Party may disclose any information or item designated 4 “CONFIDENTIAL” only to: 5 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 6 employees of said Outside Counsel of Record to whom it is reasonably necessary to 7 disclose the information for this Action; 8 (b) the officers, directors, and employees (including House Counsel) of the 9 Receiving Party to whom disclosure is reasonably necessary for this Action; 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for this Action and who have signed the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff; 15 (f) professional jury or trial consultants and Professional Vendors to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 19 20 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 23 not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and it is agreed by the 25 Designating Party or ordered by the court. Pages of transcribed deposition testimony 26 or exhibits to depositions that reveal Protected Material may be separately bound by 27 the court reporter and may not be disclosed to anyone except as permitted under this 28 Stipulated Protective Action to whom disclosure is reasonably necessary provided: (1) the deposing party Stipulated Protective Order; and 9 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 2 3 4 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Access to and/or disclosure of “Highly Confidential” Information or Items shall be permitted only to the following persons or entities: 5 (a) Outside Counsel of Record in this Action, as well as employees of said 6 Outside Counsel of Record to whom it is reasonably necessary to disclose the 7 information for this Action. Such employees whom such access is permitted and/or 8 disclosure is made shall, prior to such access or disclosure, shall be advised of, and 9 become subject to, the provisions of this Order; 10 (b) Experts (as defined in this Order), professional jury or trial consultants, 11 and Professional Vendors to whom disclosure is reasonably necessary for this Action 12 and who have signed the “Acknowledgment and Agreement to Be Bound” 13 (Exhibit A). Outside Counsel of Record for the Party making the disclosure shall 14 deliver a copy of this Order to such person, shall explain its terms to such person, 15 and shall secure the signature of such person the “Acknowledgment and Agreement 16 to Be Bound” (Exhibit A) prior to the disclosure of Highly Confidential Materials. It 17 shall be the obligation of Outside Counsel of Record, upon learning of any breach or 18 threatened breach of this Order, to promptly notify Outside Counsel for the 19 Designating Party of such breach or threatened breach. 20 (c) the court and its personnel; 21 (d) court reporters and their staff; 22 (e) the author or recipient of a document containing the Highly Confidential 23 Information or Item or a custodian or other person who otherwise possessed or knew 24 the Highly Confidential Information or Item, but only to the extent of that person’s 25 prior familiarity with the Highly Confidential Information or Item. 26 27 28 Stipulated Protective 10 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 3 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall 6 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued 12 13 by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 14 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a 17 determination by the court from which the subpoena or order issued, unless the Party 18 has obtained the Designating Party’s permission. The Designating Party shall bear 19 the burden and expense of seeking protection in that court of its confidential material 20 and nothing in these provisions should be construed as authorizing or encouraging a 21 Receiving Party in this Action to disobey a lawful directive from another court. 22 9. 23 PRODUCED IN THIS LITIGATION 24 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a Non- 25 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 26 CONFIDENTIAL.” Such information produced by Non-Parties in connection with 27 this litigation is protected by the remedies and relief provided by this Order. Nothing 28 Stipulated Protective 11 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 in these provisions should be construed as prohibiting a Non-Party from seeking 2 additional protections. (b) In the event that a Party is required, by a valid discovery request, to 3 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party 7 8 that some or all of the information requested is subject to a confidentiality 9 agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated 10 11 Protective Order in this Action, the relevant discovery request(s), and a 12 reasonably specific description of the information requested; and (3) make the information requested available for inspection by the Non- 13 14 Party, if requested. 15 (c) If the Non-Party fails to seek a protective order from this court within 14 16 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Non-Party’s confidential information responsive to the discovery 18 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 19 not produce any information in its possession or control that is subject to the 20 confidentiality agreement with the Non-Party before a determination by the court. 21 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 22 of seeking protection in this court of its Protected Material. 23 10. 24 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 Stipulated Protective Protected Material to any person or in any circumstance not authorized under this to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 12 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 11. 5 PROTECTED MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE When a Producing Party gives notice to Receiving Parties that certain 6 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16 12. MISCELLANEOUS 17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 18 19 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 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 this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 26 only be filed under seal pursuant to a court order authorizing the sealing of the 27 specific Protected Material at issue. If a Party’s request to file Protected Material 28 Stipulated Protective 13 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 under seal is denied by the court, then the Receiving Party may file the information 2 in the public record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 4 5 days of a written request by the Designating Party, each Receiving Party must return 6 all Protected Material to the Producing Party or destroy such material. As used in 7 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 8 summaries, and any other format reproducing or capturing any of the Protected 9 Material. Whether the Protected Material is returned or destroyed, the Receiving 10 11 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 12 (by 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 any 15 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 16 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 17 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 18 reports, attorney work product, and consultant and expert work product, even if such 19 materials contain Protected Material. Any such archival copies that contain or 20 constitute Protected Material remain subject to this Protective Order as set forth in 21 Section 4 (DURATION). 22 // 23 // 24 // 25 // 26 // 27 // 28 Stipulated Protective Party must submit a written certification to the Producing Party (and, if not the same // 14 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 2 3 4 ATTESTATION REGARDING SIGNATURES I, Minh P. Ngo, attest, pursuant to Local Civil Rule 5-4.3.4(a)(2)(i), that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing. 5 6 7 Dated: June 2, 2021 /s/ Minh P. Ngo _______________________ Minh P. Ngo 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Protective 16 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on [date] in the case of Daniel Sydnor v. Honeywell International, Inc., et al., Case 8 No. 2:20-cv-08144 JWH (RAOx). I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that 10 failure to so comply could expose me to sanctions and punishment in the nature of 11 contempt. I solemnly promise that I will not disclose in any manner any information 12 or item that is subject to this Stipulated Protective Order to any person or entity 13 except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. I hereby appoint __________________________ [print or type full 18 name] of _______________________________________ [print or type full address 19 and telephone number] as my California agent for service of process in connection 20 with this action or any proceedings related to enforcement of this Stipulated 21 Protective Order. 22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 Signature: _________________________________ 27 28 Stipulated Protective 47307966.1 17 Case No. 2:20-cv-08144 JWH (RAOx) STIPULATED PROTECTIVE ORDER

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