Irene Gonzalez v. Haier US Appliance Solutions, Inc. et al

Filing 29

PROTECTIVE ORDER by Magistrate Judge Steve Kim re Stipulation for Protective Order 27 . (see document for details) (hr)

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B. Otis Felder, SBN 177628
Valeria Granata, SBN 305905
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
555 South Flower Street, Suite 2900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant,
HAIER US APPLIANCE SOLUTIONS, INC. d/b/a/ GE Appliances,
erroneously sued and served as “General Electric”
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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IRENE GONZALEZ,
Plaintiff,

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v.
GENERAL ELECTRIC; HAIER US
APPLIANCE SOLUTIONS, INC. d/b/a
GE APPLIANCES; DOES 1 to 99
inclusive, ROES 1 to 99, inclusive,

Case No.: 2-23-cv-01866-MEMF-SK
District Judge: Maame Ewusi-Mensah
Frimpong
Magistrate Judge: Steve Kim
STIPULATED PROTECTIVE
ORDER
Action Filed: January 25, 2023

Defendants.

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I.

PURPOSES AND LIMITATIONS
A.

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

proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation
may be warranted. Accordingly, the parties hereby stipulate to and petition
the Court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from

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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

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principles. The parties further acknowledge, as set forth in Section XIII(C),

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below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when

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a party seeks permission from the Court to file material under seal.

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II.

GOOD CAUSE STATEMENT
A.

This action is likely to involve trade secrets, customer and pricing lists

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and other valuable research, development, commercial, financial, technical

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and/or proprietary information for which special protection from public

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

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is warranted. Such confidential and proprietary materials and information

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

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research, development, or commercial information (including information

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implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected

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from disclosure under state or federal statutes, court rules, case decisions, or

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common law. Accordingly, to expedite the flow of information, to facilitate

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the prompt resolution of disputes over confidentiality of discovery materials,

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to adequately protect information the parties are entitled to keep confidential,

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

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material in preparation for and in the conduct of trial, to address their

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handling at the end of the litigation, and serve the ends of justice, a protective

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order for such information is justified in this matter. It is the intent of the

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parties that information will not be designated as confidential for tactical

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reasons and that nothing be so designated without a good-faith belief that it

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has been maintained in a confidential, non-public manner, and there is good

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cause why it should not be part of the public record of this case.

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III.

DEFINITIONS
A.

Action: This pending federal action in the United States District Court,

Central District of California, styled Irene Gonzalez v. General Electric, et

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al. Case No. 2-23-cv-01866-MEMF-SK, including the lawsuit initially filed
with the Los Angeles Superior Court, case no. 23PSCV00220.

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B.

Challenging Party:

A Party or Non-Party that challenges the

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designation of information or items under this Order.

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C.

“CONFIDENTIAL” Information or Items: Information (regardless of

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

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protection under Federal Rule of Civil Procedure 26(c), and as specified

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above in the Good Cause Statement.

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D.

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

their support staff).

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E.

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or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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F.

Designating Party: A Party or Non-Party that designates information

Disclosure or Discovery Material: All items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained
(including, among other things, testimony, transcripts, and tangible things),

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that are produced or generated in disclosures or responses to discovery in this

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matter.

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G.

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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

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serve as an expert witness or as a consultant in this Action.
H.

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

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Action. House Counsel does not include Outside Counsel of Record or any

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other outside counsel.

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I.

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

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

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

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

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Action and have appeared in this Action on behalf of that party or are

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affiliated with a law firm which has appeared on behalf of that party, and

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includes support staff.

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K.

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

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

(and their support staffs).

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L.

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Producing Party: A Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

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support services (e.g., photocopying, videotaping, translating, preparing

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exhibits or demonstrations, and organizing, storing, or retrieving data in any

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Professional Vendors:

Persons or entities that provide litigation

form or medium) and their employees and subcontractors.

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N.

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Protected Material: Any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

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O.

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Material from a Producing Party.

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IV.

Receiving Party:

A Party that receives Disclosure or Discovery

SCOPE

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A.

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

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The protections conferred by this Stipulation and Order cover not only

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

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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B.

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

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at trial.

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V.

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

DURATION

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A.

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Even after final disposition of this litigation, the confidentiality

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

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Party agrees otherwise in writing or a court order otherwise directs. Final

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disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment

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herein after the completion and exhaustion of all appeals, rehearings,

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remands, trials, or reviews of this Action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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VI.

DESIGNATING PROTECTED MATERIAL
A.

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

Each Party or Non-Party that designates information or items

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for protection under this Order must take care to limit any such

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designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only

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those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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2.

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Mass, indiscriminate, or routinized designations are prohibited.

Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber the

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case development process or to impose unnecessary expenses and

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burdens on other parties) may expose the Designating Party to

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sanctions.

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3.

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

items that it designated for protection do not qualify for protection, that

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Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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B.

Manner and Timing of Designations

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1.

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

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

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Discovery Material that qualifies for protection under this Order must

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be clearly so designated before the material is disclosed or produced.

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2.

Designation in conformity with this Order requires the

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following:

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a.

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

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electronic documents, but excluding transcripts of depositions

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or other pretrial or trial proceedings), that the Producing Party

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affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”), to each page that contains

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protected material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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b.

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A Party or Non-Party that makes original documents

available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents

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it would like copied and produced. During the inspection and

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before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL.”

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inspecting Party has identified the documents it wants copied

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After the

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and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this

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Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL legend” to

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each page that contains Protected Material. If only a portion or

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portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the

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margins).

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c.

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For testimony given in depositions, that the Designating

Party identify the Disclosure or Discovery Material on the

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record, before the close of the deposition all protected

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testimony.

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d.

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For information produced in form other than document

and for any other tangible items, that the Producing Party affix

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in a prominent place on the exterior of the container or

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containers in which the information is stored the legend

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“CONFIDENTIAL.”

If only a portion or portions of the

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information warrants protection, the Producing Party, to the

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extent practicable, shall identify the protected portion(s).

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C.

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Inadvertent Failure to Designate
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If timely corrected, an inadvertent failure to designate qualified

information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

Timing of Challenges

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1.

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confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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Any party or Non-Party may challenge a designation of

B.

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Meet and Confer
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The Challenging Party shall initiate the dispute resolution

process under Local Rule 37.1 et seq.

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C.

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

the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions.

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Designating Party has waived or withdrawn the confidentiality designation,

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Unless the

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all parties shall continue to afford the material in question the level of

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protection to which it is entitled under the Producing Party’s designation until

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the Court rules on the challenge.

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VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles

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1.

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or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending, or attempting to settle this

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A Receiving Party may use Protected Material that is disclosed

Action.

Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this Order.

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When the Action has been terminated, a Receiving Party must comply

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with the provisions of Section XIV below.

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2.

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Receiving Party at a location and in a secure manner that ensures that

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Protected Material must be stored and maintained by a

access is limited to the persons authorized under this Order.

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B.

Disclosure of “CONFIDENTIAL” Information or Items
1.

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Unless otherwise ordered by the Court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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a.

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

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to whom it is reasonably necessary to disclose the information

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for this Action;

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b.

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The officers, directors, and employees (including House

Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action;

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c.

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to whom disclosure is reasonably necessary for this Action and

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

who have signed the “Acknowledgment and Agreement to Be

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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

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necessary for this Action and who have signed the

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“Acknowledgment and Agreement to be Bound” attached as

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Exhibit A hereto;

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g.

The author or recipient of a document containing the

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably

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During their depositions, witnesses, and attorneys for

necessary provided: (i) the deposing party requests that the

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witness sign the “Acknowledgment and Agreement to Be

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Bound;” and (ii) they will not be permitted to keep any

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confidential information unless they sign the “Acknowledgment

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and Agreement to Be Bound,” unless otherwise agreed by the

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Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted

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under this Stipulated Protective Order; and

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i.

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personnel, mutually agreed upon by any of the parties engaged

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Any mediator or settlement officer, and their supporting

in settlement discussions.

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///
IX.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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A.

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litigation that compels disclosure of any information or items designated in

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

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this Action as “CONFIDENTIAL,” that Party must:

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1.

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Promptly notify in writing the Designating Party.

Such

notification shall include a copy of the subpoena or court order;

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2.

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Promptly notify in writing the party who caused the subpoena

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

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covered by the subpoena or order is subject to this Protective Order.

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Such notification shall include a copy of this Stipulated Protective

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Order; and

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3.

Cooperate with respect to all reasonable procedures sought to be

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pursued by the Designating Party whose Protected Material may be

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affected.

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B.

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served with the subpoena or court order shall not produce any information

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designated in this action as “CONFIDENTIAL” before a determination by

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

the Court from which the subpoena or order issued, unless the Party has

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obtained the Designating Party’s permission. The Designating Party shall
bear the burden and expense of seeking protection in that court of its

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confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a

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lawful directive from another court.

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X.

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

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Non-Party in this Action and designated as “CONFIDENTIAL.”

Such

information produced by Non-Parties in connection with this litigation is

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protected by the remedies and relief provided by this Order. Nothing in these

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provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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B.

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

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produce a Non-Party’s confidential information in its possession, and the
Party is subject to an agreement with the Non-Party not to produce the NonParty’s confidential information, then the Party shall:

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1.

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Party that some or all of the information requested is subject to a

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Promptly notify in writing the Requesting Party and the Non-

confidentiality agreement with a Non-Party;

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2.

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

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

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a reasonably specific description of the information requested; and

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3.

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Non-Party, if requested.

Make the information requested available for inspection by the

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C.

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fourteen (14) days of receiving the notice and accompanying information, the

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

Receiving Party may produce the Non-Party’s confidential information

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responsive to the discovery request.

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If the Non-Party timely seeks a

protective order, the Receiving Party shall not produce any information in its

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possession or control that is subject to the confidentiality agreement with the

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

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

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protection in this court of its Protected Material.

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XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
A.

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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immediately (1) notify in writing the Designating Party of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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Protected Material, (3) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (4) request such

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person or persons to execute the “Acknowledgment and Agreement to be

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Bound” that is attached hereto as Exhibit A.

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XII. INADVERTENT PRODUCTION OF PRIVILEGED OR

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OTHERWISE PROTECTED MATERIAL

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A.

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When a Producing Party gives notice to Receiving Parties that certain

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

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protection, the obligations of the Receiving Parties are those set forth in Fed.
R. Civ. P. 26(b)(5)(B). This provision is not intended to modify whatever

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procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Fed. R. Evid. 502(d)

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and (e), insofar as the parties reach an agreement on the effect of disclosure

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of a communication or information covered by the attorney-client privilege

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or work product protection, the parties may incorporate their agreement in
the Stipulated Protective Order submitted to the Court.
XIII. MISCELLANEOUS
A.

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Right to Further Relief
1.

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

modification by the Court in the future.

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B.

Right to Assert Other Objections
1.

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

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waives any right it otherwise would have to object to disclosing or

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producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to

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object on any ground to use in evidence of any of the material covered

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by this Protective Order.

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C.

Filing Protected Material

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1.

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

comply with Civil Local Rule 79-5. Protected Material may only be

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filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue.

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Protected Material under seal is denied by the Court, then the

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If a Party’s request to file

Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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XIV. FINAL DISPOSITION

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A.

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

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Receiving Party must return all Protected Material to the Producing Party or

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

destroy such material. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other format
reproducing or capturing any of the Protected Material.

Whether the

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Protected Material is returned or destroyed, the Receiving Party must submit

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

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

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Dated: February 19, 2024

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WILSON ELSER MOSKOWITZ
/s/ Valeria Granata
______________________________
B. Otis Felder
Valeria Granata
Attorneys for Defendant, HAIER US
APPLIANCE SOLUTIONS, INC.
d/b/a/ GE Appliances, erroneously
sued and served as “General
Electric”

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated:

March 20, 2024
Steve Kim, U.S. Magistrate Judge

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

[print or type full name], of

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[print or type full address], declare under penalty of perjury

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that I have read in its entirety and understand the Stipulated Protective Order that

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was issued by the United States District Court for the Central District of

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California on ______________ in the case of State Irene Gonzalez v. General

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Electric, et al. Case No. 2-23-cv-01866-MEMF-SK. I agree to comply with and

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to be bound by all the terms of this Stipulated Protective Order and I understand

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and acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I solemnly promise that I will not disclose

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in any manner any information or item that is subject to this Stipulated Protective

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Order to any person or entity except in strict compliance with the provisions of

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this Order.

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I further agree to submit to the jurisdiction of the United States District

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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

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after termination of this action. I hereby appoint

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[print or type full name] of

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address and telephone number] as my California agent for service of process in

[print or type full

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connection with this action or any proceedings related to enforcement of this

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Stipulated Protective Order.

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Date:

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City and State where sworn and signed:
Printed Name:
Signature:

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