William M. Turner v. Porsche Cars North America, Inc. et al

Filing 77

STIPULATED PROTECTIVE ORDER [SEE COURT'S REVISIONS] by Magistrate Judge Maria A. Audero, re Stipulation for Protective Order 69 See document for details. (es)

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LAW + BRANDMEYER LLP
Kent T. Brandmeyer (State Bar No. 140533)
Yuk K. Law (State Bar No. 138928)
Zachary Schwake (State Bar No. 302556)
385 E. Colorado Boulevard, Suite 200
Pasadena, California 91101-1988
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
WILLIAM M. TURNER
NELSON MULLINS RILEY & SCARBOROUGH LLP
Jahmy S. Graham (SBN 300880)
[e-mail]
Jennifer Koo (SBN 309721)
[e-mail]
Brandon A. Prince (SBN 348253)
[e-mail]
Michael E. Seager (SBN 354564)
[e-mail]
350 S. Grand Ave., Suite 2200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 424.221.7499
Attorneys for Defendant
PORSCHE CARS NORTH AMERICA, INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
WILLIAM M. TURNER, individually
and on behalf of all others similarly
situated,

Case No.: 2:23-cv-06465-MWF-MRW 0$$

District Judge: Michael W. Fitzgerald
Magistrate Judge: Michael R. Wilner
0DULD $ $XGHUR
Plaintiff,
[PROPOSED] STIPULATED
PROTECTIVE ORDER
vs.
6(( &2857 6 5(9,6,216
PORSCHE CARS NORTH AMERICA, Complaint Filed: June 29, 2023
INC., a Delaware corporation, and DOES (Los Angeles Superior Court Case
No. 23STCV15246)
2 through 20, inclusive,
Defendants.

Third Amended Complaint Filed:
March 25, 2024
Trial Date: January 13, 2026

[PROPOSED] STIPULATED PROTECTIVE ORDER

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A. PURPOSES AND LIMITATIONS

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Discovery in this action involves production of confidential, proprietary, or

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private information for which special protection from public disclosure and from use

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for any purpose other than prosecuting this litigation may be warranted. Accordingly,

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the parties hereby stipulate to and petition the Court to enter the following Stipulated

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

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

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

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

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parties further acknowledge, as set forth in Section 11.3, below, that this Stipulated

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

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

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standards that will be applied when a party seeks permission from the Court to file

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material under seal.

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B. GOOD CAUSE STATEMENT

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This action involves trade secrets, customer and pricing lists and other valuable

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research, development, commercial, financial, technical and/or proprietary

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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proprietary materials and information consist of, among other things, confidential

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business or financial information, information regarding confidential business

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practices, or other confidential research, development, or commercial information

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(including information implicating privacy rights of third parties, including

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personally identifiable information of absent putative class members), information

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

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otherwise protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. Accordingly, to expedite the flow of information, to

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facilitate the prompt resolution of disputes over confidentiality of discovery materials,
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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ensure that the parties are permitted reasonable necessary uses of such material in

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preparation for and in the conduct of trial, to address their handling at the end of the

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litigation, and serve the ends of justice, a protective order for such information is

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justified in this matter. It is the intent of the parties that information will not be

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designated as confidential for tactical reasons and that nothing be so designated

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without a good faith belief that it has been maintained in a confidential, non-public

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manner, and there is good cause why it should not be part of the public record of this

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case.

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2.

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2.1 Action: this pending federal law suit entitled, Turner, et al. v. Porsche
0$$[
Cars North America, Inc., case number 2:23-cv-06465-MWF (MRWx).

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2.2 Challenging Party: a Party or Non-Party that challenges the designation

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DEFINITIONS

of information or items under this Order.

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2.3 “CONFIDENTIAL” Information or Items: Information (regardless of

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

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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2.4 Conflicted Expert: Any consultant, investigator, or Expert (a) who is an

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employee of an automobile manufacturer competitor of any Porsche Cars North

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America, Inc. (“PCNA”) or related entity; or (b) who was in the employ of an

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automobile manufacturer competitor of any PCNA or related entity anytime between

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1 year prior to the time disclosure is made; or (c) who is serving as a consultant to an

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automobile manufacturer competitor of any PCNA or related entity on matters

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relating to excessive oil consumption or other engine lubrication or oil related issues.

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Protected Material may not be disclosed to a Conflicted Expert without written

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agreement by the Designating Party or a Court order prior to the disclosure.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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2.5 Counsel: Outside Counsel of Record and In-House Counsel (as well as
their support staff).

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

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

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“CONFIDENTIAL.”

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

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

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

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generated in disclosures or responses to discovery in this matter.

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

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

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an expert witness or as a consultant in this Action.

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

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

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counsel.

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2.10 Non-Party: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

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

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

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

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

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

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

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support staffs).

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2.13 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.14 Professional Vendors: Persons or entities that provide litigation support

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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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and their employees and subcontractors.

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2.15 Protected Material: Any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

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2.16 Receiving Party: A Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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

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Parties, however, shall meet and confer before trial on a procedure and process to deal

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with the use and/or display of Protected Material at trial and submit a joint proposal

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to the Court for approval. If the Parties cannot agree on such a joint proposal, the

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Parties shall submit separate/competing proposals for the Court’s consideration prior

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to issuing an appropriate order.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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

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

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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5.

DESIGNATING PROTECTED MATERIAL

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

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Each Party or Non-Party that designates information or items for protection under this

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Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards. The Designating Party must designate for protection

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only those parts of material, documents, items, or oral or written communications that

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

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for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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unnecessary expenses and burdens on other parties) is not permitted.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2 Manner and Timing of Designations. Except as otherwise provided in this

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Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated

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or ordered, Disclosure or Discovery Material that qualifies for protection under this

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

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However, nothing in this paragraph or the Order shall prohibit a Designating Party

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from promptly designating Discovery Material as CONFIDENTIAL after its initial

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disclosure or production of that material if that party has a good faith basis for such

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designation and that designation was omitted due to inadvertence or mistake, once it

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comes to that party’s attention.

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Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents,

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but excluding transcripts of depositions or other pretrial or trial proceedings), that the
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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Producing Party affix or have affixed at a minimum, the legend “CONFIDENTIAL”

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(hereinafter “CONFIDENTIAL legend”), to each page that contains protected

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material. If only a portion or portions of the material on a page qualifies for protection,

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the Producing Party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and before

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the designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

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copied and produced, the Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order. Then, before producing the

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specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

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to each page that contains Protected Material. If only a portion or portions of the

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

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

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margins).

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(b)

for testimony given in depositions that the Designating Party identify,

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within 30 days after the transcript is delivered, as Protected Material. All deposition

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testimony taken in this case shall be treated as Protected Material until the expiration

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of the thirtieth day after the transcript is delivered to any party or the witness. Within

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this time period, a Designating Party may serve a Notice of Designation to all parties

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of record as to specific portions of the testimony that are designated Protected

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Material, and thereafter only those portions identified in the Notice of Designation

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shall be protected by the terms of this Order.

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(c) for information produced in some form other than documentary and for any

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

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exterior of the container or containers in which the information is stored the legend
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive the

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Designating 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 make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order. A timely correction will depend on the circumstances; but in general the Parties

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agree that a correction must be made within three (3) calendar days of when the

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inadvertent failure to designate becomes apparent to the Designating Party.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

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Scheduling Order.

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6.2 Meet and Confer. The Challenging Party shall initiate the dispute
DQG
resolution process under Local Rule 37.1 et seq. or follow the procedures for informal,
0DJLVWUDWH -XGJH $XGHUR V
telephonic discovery hearings on the Court’s website.

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

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

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party’s designation until the Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1 Basic Principles. A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this 9
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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

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

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comply with the provisions of Section 12 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a

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

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authorized under this Order.

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7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action;

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(b) the officers, directors, and employees (including In-House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

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(c) Experts (as defined in this Order) of the Receiving Party, other than a

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Conflicted Expert (see Section 2.4), to whom disclosure is reasonably necessary for

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this Action and who have signed the “Acknowledgment and Agreement to Be Bound”

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(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 Professional Vendors

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to whom disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(g) the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information;

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permission. The Designating Party shall bear the burden and expense of seeking
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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

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disobey a lawful directive from another court.

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8.

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IN THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED

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(a) The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to produce

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a Non-Party’s confidential information in its possession, and the Party is subject to

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

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information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non- Party

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

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with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated

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

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specific description of the information requested; and

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(3) make the information requested available for inspection by the NonParty, if requested.

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

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

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

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

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

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agreement with the Non-Party before a determination by the court. Absent a court
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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order to the 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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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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

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Procedure 26(b)(5)(B). Pursuant to Federal Rule of Evidence 502(d) and (e), the

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Parties agree that inadvertent disclosure of a communication or information covered

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by the attorney-client privilege or work product protection or another applicable

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privilege or immunity, shall not constitute a waiver of such protection. This

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agreement, as adopted by this Order, shall be applicable to and govern all deposition

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transcripts and/or videotapes, documents produced in response to requests for

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production of documents, answers to interrogatories, responses to requests for

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admissions, affidavits, declarations, and all other information or material produced,

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made available for inspection, or otherwise submitted by any of the parties in this

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litigation pursuant to the Federal Rules of Civil Procedure, court order, local rule, or

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stipulation of the parties, as well as testimony adduced at trial or during any hearing.

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The Producing Party must notify the Receiving Party promptly, in writing, upon
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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discovery that privileged or otherwise protected Information has been inadvertently

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produced (the “Identified Material”). Upon receiving written notice from the

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Producing Party that privileged and/or work product material has been inadvertently

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produced, all such information, and all copies thereof, shall be returned to the

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Producing Party within ten (10) business days of receipt of such notice. The Receiving

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Party shall also attempt, in good faith, to retrieve and return or destroy all copies of

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the Identified Materials in electronic format. The Receiving Party may make no use

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of the Identified Materials during any aspect of this matter or any other matter,

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including in depositions or at trial, unless the Identified Materials are later designated

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by the Producing Party or a court as not privileged or protected. The Producing Party

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will provide a privilege log providing information required by the Federal Rules of

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Civil Procedure and applicable case law to the Receiving Party when the Producing

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Party provides the Receiving Party notice of the Identified Materials.

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The Receiving Party may contest the privilege or work product designation by

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the Producing Party, and the Receiving Party shall give the Producing Party written

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notice of the reason for said disagreement. The Receiving Party may not challenge

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the privilege or immunity claim by arguing that the inadvertent disclosure itself is a

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waiver of any applicable privilege. The Parties shall meet and confer in good faith to

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attempt to resolve the dispute without resort to Court intervention. If the Parties

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cannot resolve their dispute through such meet and confer discussions, within fifteen

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(15) business days after the Parties have reached an impasse after meet and confer

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efforts, the Parties shall file a joint discovery letter brief no longer than three pages.

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In the event the Court rules that the challenged material is privileged or

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protected, the receiving party shall return such materials to the producing party within

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ten (10) business days of such Order.

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Any physical analyses, memoranda, or notes that were internally generated

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based upon such Identified Material shall immediately be placed in sealed envelopes,

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and shall be destroyed in the event that (a) the Receiving Party does not contest that
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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the information is privileged, or (b) the Court rules that the information is privileged.

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Such analyses, memoranda, or notes may only be removed from the sealed envelopes

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and returned to its intended purpose in the event that (a) the Producing Party agrees

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in writing that the information is not privileged, or (b) the Court rules that the

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information is not privileged.

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11. MISCELLANEOUS

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11.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the Court in the future.

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11.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or 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 object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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Likewise, nothing in this Order shall prohibit a party from redacting personally

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identifiable information of third parties and absent putative class members to protect

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their privacy.

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11.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

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Protected Material at issue. If a Party’s request to file Protected Material under seal

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is denied by the court, then the Receiving Party may file the information in the public

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record unless otherwise instructed by the Court.

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12. FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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

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

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

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

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

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

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

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

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if such

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

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, __________________________________________[print or type full name], of ----

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______________________________________[print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for the Central

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District of California on [_________] in the case of Turner, et al. v. Porsche Cars North
0$$[
America, Inc., case number 2:23-cv-06465-MWF (MRWx). 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 and

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acknowledge that failure to so comply could expose me to sanctions and punishment in

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the nature of contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person or

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entity except in strict compliance with the provisions of this Order.

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

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Central District of California for the purpose of enforcing the terms of this Stipulated

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Protective Order, even if such enforcement proceedings occur after termination of this

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action. I hereby appoint [print or type full name] of [print or type full address and

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telephone number] as my California agent for service of process in connection with this

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action or any proceedings related to enforcement of this Stipulated Protective Order.

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Date: ______________________________________

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City and State where sworn and signed:____________________________

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Printed name:___________________________

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Signature:___________________________

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EXHIBIT A

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CERTIFICATE OF SERVICE

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I hereby certify that on September 25, 2024, I electronically filed the foregoing

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with the Clerk of Court using the CM/ECF system and I served a copy of the foregoing

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pleading on all counsel for all parties, via the CM/ECF system and/or mailing same

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by United States Mail, properly addressed, and first-class postage prepaid, to all

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counsel of record in this matter.

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/s/ Jahmy S. Graham
Jahmy S. Graham

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CERTIFICATE OF SERVICE