Maria Cabrera Giron v. Metro Services Group et al

Filing 21

STIPULATED PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re Stipulation for Protective Order. 20 (es)

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1 2 3 4 5 6 7 8 ROGERS JOSEPH O’DONNELL Dennis C. Huie (State Bar No. 184377) Sharon O. Rossi (State Bar No. 232725) Emily A. Wieser (State Bar No. 311315) 311 California Street San Francisco, California 94104 Telephone: 415.956.2828 Facsimile: 415.956.6457 Attorneys for Defendant METRO SERVICES GROUP 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 MARIA CABRERA GIRON, an individual, on her own behalf and on behalf of all others similarly situated, 14 Plaintiff, 15 16 17 vs. METRO SERVICES GROUP, a California corporation; and DOES 1 through 100, inclusive, 18 Defendants. Case No. 2:21-cv-01424 FMO (AFMx) [Removed from Los Angeles County Superior Court, Case No. 20STCV16779] CLASS ACTION STIPULATED PROTECTIVE ORDER 1 Date of first filing: April 29, 2020 19 20 21 1. 22 A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 28 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. 1 Page 1 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. 5 6 B. GOOD CAUSE STATEMENT This action is likely to involve the sensitive, private, and confidential 7 information of third parties, trade secrets, customer and pricing lists and other 8 valuable research, development, commercial, financial, technical and/or proprietary 9 information for which special protection from public disclosure and from use for 10 any purpose other than prosecution of this action is warranted. Such confidential 11 and proprietary materials and information consist of, among other things, sensitive, 12 private, and confidential information of third parties, including employees of 13 Defendant, confidential business or financial information, information regarding 14 confidential business practices, or other confidential research, development, or 15 commercial information (including information implicating privacy rights of third 16 parties), information otherwise generally unavailable to the public, or which may be 17 privileged or otherwise protected from disclosure under state or federal statutes, 18 court rules, case decisions, or common law. Accordingly, to expedite the flow of 19 information, to facilitate the prompt resolution of disputes over confidentiality of 20 discovery materials, to adequately protect information the parties are entitled to 21 keep confidential, to ensure that the parties are permitted reasonable necessary uses 22 of such material in preparation for and in the conduct of trial, to address their 23 handling at the end of the litigation, and serve the ends of justice, a protective order 24 for such information is justified in this matter. It is the intent of the parties that 25 information will not be designated as confidential for tactical reasons and that 26 nothing be so designated without a good belief that it has been maintained in a 27 confidential, non-public manner, and there is good cause why it should not be part 28 of the public manner, and there is good cause why it should not be part of the Page 2 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 2 public record of this case. C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 3 SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, 5 that this Stipulated Protective Order does not entitle them to file confidential 6 information under seal; Local Civil Rule 79-5 sets forth the procedures that must be 7 followed and the standards that will be applied when a party seeks permission from 8 the court to file material under seal. 9 There is a strong presumption that the public has a right of access to 10 judicial proceedings and records in civil cases. In connection with non-dispositive 11 motions, good cause must be shown to support a filing under seal. See Kamakana 12 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 13 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 14 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 15 protective orders require good cause showing), and a specific showing of good 16 cause or compelling reasons with proper evidentiary support and legal justification, 17 must be made with respect to Protected Material that a party seeks to file under 18 seal. The parties’ mere designation of Disclosure or Discovery Material as 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 23 trial, then compelling reasons, not only good cause, for the sealing must be shown, 24 and the relief sought shall be narrowly tailored to serve the specific interest to be 25 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 26 2010). For each item or type of information, document, or thing sought to be filed 27 or introduced under seal in connection with a dispositive motion or trial, the party 28 seeking protection must articulate compelling reasons, supported by specific facts Page 3 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 and legal justification, for the requested sealing order. Again, competent evidence 2 supporting the application to file documents under seal must be provided by 3 declaration. Any document that is not confidential, privileged, or otherwise 4 5 protectable in its entirety will not be filed under seal if the confidential portions can 6 be redacted. If documents can be redacted, then a redacted version for public 7 viewing, omitting only the confidential, privileged, or otherwise protectable 8 portions of the document, shall be filed. Any application that seeks to file 9 documents under seal in their entirety should include an explanation of why 10 redaction is not feasible. 11 2. 12 DEFINITIONS 2.1 Action: Maria Cabrera Giron v. Metro Services Group, Central 13 District of California, Case No. 2:21-cv-01424 FMO (AFMx) [Removed from Los 14 Angeles County Superior Court, Case No. 20STCV16779]. 15 16 17 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 18 how it is generated, stored or maintained) or tangible things that qualify for 19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 20 the Good Cause Statement. 21 22 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 24 items that it produces in disclosures or in responses to discovery as 25 “CONFIDENTIAL.” 26 2.6 Disclosure or Discovery Material: all items or information, regardless 27 of the medium or manner in which it is generated, stored, or maintained 28 (including, among other things, testimony, transcripts, and tangible things), that Page 4 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 are produced or generated in disclosures or responses to discovery in this matter. 2.7 2 Expert: a person with specialized knowledge or experience in a matter 3 pertinent to the litigation who has been retained by a Party or its counsel to serve 4 as an expert witness or as a consultant in this Action. 2.8 5 House Counsel: attorneys who are employees of a party to this 6 Action. House Counsel does not include Outside Counsel of Record or any other 7 outside counsel. 2.9 8 9 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 10 2.10 Outside Counsel of Record: attorneys who are not employees of a 11 party to this Action but are retained to represent or advise a party to this Action 12 and have appeared in this Action on behalf of that party or are affiliated with a law 13 firm that has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 14 15 employees, consultants, retained experts, and Outside Counsel of Record (and 16 their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 18 Discovery Material in this Action. 19 2.13 Professional Vendors: persons or entities that provide litigation 20 support services (e.g., photocopying, videotaping, translating, preparing exhibits 21 or demonstrations, and organizing, storing, or retrieving data in any form or 22 medium) and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 23 24 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 25 26 27 28 Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Page 5 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 Protected Material (as defined above), but also: (1) any information copied or 2 extracted from Protected Material; (2) all copies, excerpts, summaries, or 3 compilations of Protected Material; and (3) any testimony, conversations, or 4 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 5 6 trial judge. This Order does not govern the use of Protected Material at trial. 7 4. Once a case proceeds to trial, information that was designated as 8 9 DURATION CONFIDENTIAL or maintained pursuant to this protective order used or 10 introduced as an exhibit at trial becomes public and will be presumptively available 11 to all members of the public, including the press, unless compelling reasons 12 supported by specific factual findings to proceed otherwise are made to the trial 13 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 14 (distinguishing “good cause” showing for sealing documents produced in 15 discovery from “compelling reasons” standard when merits-related documents are 16 part of court record). Accordingly, the terms of this protective order do not extend 17 beyond the commencement of the trial. 18 5. 19 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate 23 for protection only those parts of material, documents, items or oral or written 24 communications that qualify so that other portions of the material, documents, 25 items or communications for which protection is not warranted are not swept 26 unjustifiably within the ambit of this Order. 27 28 Mass, indiscriminate or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper Page 6 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 purpose (e.g., to unnecessarily encumber the case development process or to 2 impose unnecessary expenses and burdens on other parties) may expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 10 under this Order must be clearly so designated before the material is disclosed or 11 produced. 12 13 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial; 15 proceedings), that the Producing Party affix at minimum, the legend 16 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 contains protected material. If only a portion of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected portion(s) 19 (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for 21 inspection need not designate them for protection until after the inspecting Party 22 has indicated which documents it would like copied and produced. During the 23 inspection and before the designation, all of the material made available for 24 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 25 identified the documents it wants copied and produced, the Producing Party must 26 determine which documents, or portions thereof, qualify for protection under this 27 Order. Then, before producing the specified documents, the Producing Party must 28 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. Page 7 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 If only a portion of the material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portion(s) (e.g., by making 3 appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party 4 5 identifies the Disclosure or Discovery Material on the record, before the close of 6 the deposition all protected testimony. (c) for information produced in some form other than documentary 7 8 and for any other tangible items, that the Producing Party affix in a prominent place 9 on the exterior of the container or containers in which the information is stored the 10 legend “CONFIDENTIAL.” If only a portion or portions of the information 11 warrants protection, the Producing Party, to the extent practicable, shall identify the 12 protected portion(s). 5.3 13 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party’s right to secure protection under this Order for such 16 material. Upon timely correction of a designation, the Receiving Party must make 17 reasonable efforts to assure that the material is treated in accordance with the 18 provisions of this Order. 19 6. 20 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 Scheduling Order. 23 24 25 26 27 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1 et seq. 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 6.4 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper Page 8 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 7. 8 9 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending or attempting to settle this Action. Such 11 Protected Material may be disclosed only to the categories of persons and under the 12 conditions described in this Order. When the Action has been terminated, a 13 Receiving Party must comply with the provisions of section 13 below (FINAL 14 DISPOSITION). 15 Protected Material must be stored and maintained by a Receiving Party at a 16 location and in a secure manner that ensures that access is limited to the persons 17 authorized under this Order. 18 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 19 otherwise ordered by the court or permitted in writing by the Designating Party, a 20 Receiving Party may disclose any information or item designated 21 “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this Action, 23 as well as employees of said Outside Counsel of Record to whom it is reasonably 24 necessary to disclose the information for this Action; (b) 25 the officers, directors, and employees (including House 26 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 27 this Action; 28 (c) Experts (as defined in this Order) of the Receiving Party to Page 9 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 whom disclosure is reasonably necessary for this Action and who have signed the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 3 (d) the court and its personnel; 4 (e) court reporters and their staff; 5 (f) professional jury or trial consultants, mock jurors, and 6 Professional Vendors to whom disclosure is reasonably necessary for this Action 7 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 8 A); (g) 9 10 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) 11 during their depositions, witnesses, and attorneys for witnesses, 12 in the Action to whom disclosure is reasonably necessary provided: (1) the 13 deposing party requests that the witness sign the form attached as Exhibit 1 hereto; 14 and (2) they will not be permitted to keep any confidential information unless they 15 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 16 otherwise agreed by the Designating Party or ordered by the court. Pages of 17 transcribed deposition testimony or exhibits to depositions that reveal Protected 18 Material may be separately bound by the court reporter and may not be disclosed to 19 anyone except as permitted under this Stipulated Protective Order; and (i) 20 any mediator or settlement officer, and their supporting 21 personnel, mutually agreed upon by any of the parties engaged in settlement 22 discussions. 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 24 IN OTHER LITIGATION 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this Action as 27 “CONFIDENTIAL,” that Party must: 28 (a) promptly notify in writing the Designating Party. Such Page 10 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 notification shall include a copy of the subpoena or court order; (b) 2 promptly notify in writing the party who caused the subpoena or 3 order to issue in the other litigation that some or all of the material covered by the 4 subpoena or order is subject to this Protective Order. Such notification shall 5 include a copy of this Stipulated Protective Order; and (c) 6 7 pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party 8 9 cooperate with respect to all reasonable procedures sought to be served with the subpoena or court order shall not produce any information 10 designated in this action as “CONFIDENTIAL” before a determination by the court 11 from which the subpoena or order issued, unless the Party has obtained the 12 Designating Party’s permission. The Designating Party shall bear the burden and 13 expense of seeking protection in that court of its confidential material and nothing 14 in these provisions should be construed as authorizing or encouraging a Receiving 15 Party in this Action to disobey a lawful directive from another court. 16 9. 17 18 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION. (a) The terms of this Order are applicable to information produced 19 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 20 information produced by Non-Parties in connection with this litigation is protected 21 by the remedies and relief provided by this Order. Nothing in these provisions 22 should be construed as prohibiting a Non-Party from seeking additional protections. 23 (b) In the event that a Party is required, by a valid discovery 24 request, to produce a Non-Party’s confidential information in its possession, and the 25 Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall: 27 28 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a Page 11 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 confidentiality agreement with a Non-Party; (2) 2 promptly provide the Non-Party with a copy of the 3 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 4 reasonably specific description of the information requested; and (3) 5 6 make the information requested available for inspection by the Non-Party, if requested. (c) 7 If the Non-Party fails to seek a protective order from this court 8 within 14 days of receiving the notice and accompanying information, the 9 Receiving Party may produce the Non-Party’s confidential information responsive 10 to the discovery request. If the Non-Party timely seeks a protective order, the 11 Receiving Party shall not produce any information in its possession or control that 12 is subject to the confidentiality agreement with the Non-Party before a 13 determination by the court. Absent a court order to the contrary, the Non-Party 14 shall bear the burden and expense of seeking protection in this court of its Protected 15 Material. 16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not authorized 19 under this Stipulated Protective Order, the Receiving Party must immediately (a) 20 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 21 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 22 the person or persons to whom unauthorized disclosures were made of all the terms 23 of this Order, and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 25 A. 26 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 27 PROTECTED MATERIAL 28 When a Producing Party gives notice to receiving Parties that certain Page 12 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 inadvertently produced material is subject to a claim of privilege or other 2 protection, the obligations of the Receiving Parties are those set forth in Federal 3 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 4 whatever procedure may be established in an e-discovery order that provides for 5 production without prior privilege review. Pursuant to Federal Rule of Evidence 6 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 7 of a communication or information covered by the attorney-client privilege or 8 work product protection, the parties may incorporate their agreement in the 9 stipulated protective order submitted to the court. 10 11 12 13 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 14 Protective Order, no Party waives any right it otherwise would have to object to 15 disclosing or producing any information or item on any ground not addressed in 16 this Stipulated Protective Order. Similarly, no Party waives any right to object on 17 any ground to use in evidence of any of the material covered by this Protective 18 Order. 19 12.3 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Local Civil Rule 79-5. Protected Material 21 may only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party’s request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court. 25 12.4 Agreement of the Parties. The Parties agree to be bound by this 26 Stipulated Protective Order pending its approval and entry by the Court. In the 27 event that the Court modifies this Stipulated Protective Order, or in the event that 28 the Court enters a different protective order, the Parties agree to be bound by this Page 13 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 Stipulated Protective Order until such time as the Court may enter such a different 2 order. It is the Parties’ intent to be bound by the terms of this stipulation and order 3 pending its entry, so as to allow for immediate production of Confidential 4 Information under the terms herein. 5 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 6 7 days of a written request by the Designating Party, each Receiving Party must 8 return all Protected Material to the Producing Party or destroy such material. As 9 used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if 13 not the same person or entity, to the Designating Party) by the 60 day deadline that: 14 (1) identifies (by category, where appropriate) all the Protected Material that was 15 returned or destroyed; and (2) affirms that the Receiving Party has not retained any 16 copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel 18 are entitled to retain an archival copy of all pleadings, motion papers, trial, 19 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 20 and trial exhibits, expert reports, attorney work product, and consultant and expert 21 work product, even if such materials contain Protected Material. Any such 22 archival copies that contain or constitute Protected Material remain subject to this 23 Protective Order as set forth in Section 4 (DURATION). 24 /// 25 /// 26 /// 27 /// 28 /// Page 14 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 2 3 4 5 6 7 8 14. VIOLATION Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. DATED: 7/13/2021 By: /s/ Aleksandra Urban Kevin Lipeles Aleksandra Urban LIPELES LAW GROUP, APC Attorneys for Plaintiff 9 10 DATED: 11 By: /s/ Dennis C. Huie Dennis C. Huie Emily A. Wieser ROGERS JOSEPH O’DONNELL Attorneys for Defendant 12 13 14 SIGNATURE ATTESTATION 15 16 17 18 19 7/13/2021 I hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed document.” Dated: 7/13/2021 20 21 22 By: /s/ Dennis C. Huie Dennis C. Huie ROGERS JOSEPH O’DONNELL Attorneys for Defendant FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 DATED: 7/14/2021 25 26 27 28 HON. ALEXANDER F. MacKINNON United States Magistrate Judge Page 15 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1 1 2 EXHIBIT A ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I, ___________________________________________[print or type full name] of 4 __________________________________ [print or type full address], declare 5 under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on [date] in the case of Maria Cabrera Giron v. 8 Metro Services Troup, Case No. 2:21-cv-01424 FMO (AFMx)[Removed from Los 9 Angeles County Superior Court, Case No. 20STCV16779]. I agree to comply with 10 and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions 12 and punishment in the nature of contempt. I solemnly promise that I will not 13 disclose in any manner any information or item that is subject to this Stipulated 14 Protective Order to any person or entity except in strict compliance with the 15 provisions of this Order. I further agree to submit to the jurisdiction of the United 16 States District Court for the Central District of California for enforcing the terms of 17 this Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint _______________________[print or 19 type full name] of __________________________________________ [print or 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Date: ____________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: ______________________________________________________ 26 Signature: _________________________________________________________ 27 28 Page 16 STIPULATED PROTECTIVE ORDER - CLASS ACTION CASE NO: 2:21-cv-01424 FMO (AFMx) 533451.1

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