Sara Hadi et al v. Toyota Motor Corporation et al

Filing 64

STIPULATED PROTECTIVE ORDER by Magistrate Judge Stephanie S. Christensen re Stipulation for Protective Order 63 (tsn)

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S. Martin Keleti (Bar # 144208)
KELETI LAW
E-mail: [e-mail]
9903 Santa Monica Boulevard, Suite 751
Beverly Hills, CA 90212-1671
Telephone: [phone]
Attorneys for Plaintiffs and the Proposed Class
[Additional Counsel appear on signature page]
MORGAN, LEWIS & BOCKIUS LLP
David L. Schrader, Bar No. 149638
[e-mail]
Lisa R. Weddle, Bar No. 259050
[e-mail]
Evan A. Ormond
[e-mail]
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone] | Fax: [phone]
Attorneys for Defendants
Toyota Motor Sales, U.S.A., Inc. and Toyota
Motor North America, Inc.
[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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YAN DONG, SARA HADI, and JUN
IMAIZUMI, individually and on behalf
of all others similarly situated,
Plaintiffs,

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v.

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Magistrate Judge: Hon. Stephanie S.
Christensen

Defendants.
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This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Stephanie S. Christensen’s Procedures as of
July 24, 2023.

MORGAN, LEWIS &
BOCKIUS LLP

STIPULATED PROTECTIVE ORDER
2:23-CV-09613-JLS-SSC

ATTORNEYS AT LAW
LOS ANGELES

[PROPOSED] STIPULATED
PROTECTIVE ORDER1

TOYOTA MOTOR SALES U.S.A.,
INC., a California corporation;
TOYOTA MOTOR NORTH
AMERICA, INC., a California
corporation,

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Case No. 2:23-cv-09613-JLS-SSC

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Plaintiffs Yan Dong, Sara Hadi and Jun Imaizumi (“Plaintiffs”) and

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Defendants Toyota Motor Sales, U.S.A, Inc. and Toyota North America, Inc.

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(collectively “Toyota”), by and through their respective counsel, and pursuant to Rule

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26(c) of the Federal Rules of Civil Procedure, hereby stipulate and agree to the terms

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of this Stipulated Protective Order (hereinafter “Protective Order” or “Order”).

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1.

INTRODUCTION
1.1

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production of confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other than

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prosecuting this litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the court to enter the following Stipulated Protective Order.

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The parties 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 public

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disclosure and use extends only to the limited information or items that are entitled

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to confidential treatment under the applicable legal principles.

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1.2

Good Cause Statement. This action is likely to involve trade secrets,

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valuable research, design, development, commercial, financial, technical and/or

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proprietary information for which special protection from public disclosure and

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from use for any purpose other than prosecution of this action is warranted. Such

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confidential and proprietary materials and information consist of, among other

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things, confidential business or financial information, information regarding

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confidential business practices, or other confidential research, design,

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development, or commercial information (including information implicating

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

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public, or which may be privileged or otherwise protected from disclosure under

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state or federal statutes, court rules, case decisions, common law, or any foreign

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privacy laws. Accordingly, to expedite the flow of information, to facilitate the

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Purposes and Limitations. Discovery in this action is likely to involve

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prompt resolution of disputes over confidentiality of discovery materials, to

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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

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

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is 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

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this case.

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1.3

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further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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

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

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that will be applied when a party seeks permission from the court to file material

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under seal.

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There is a strong presumption that the public has a right of access to judicial

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proceedings and records in civil cases. In connection with non-dispositive motions,

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good cause must be shown to support a filing under seal. See Kamakana v. City and

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Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd

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v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v.

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Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

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orders require good cause showing), and a specific showing of good cause or

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compelling reasons with proper evidentiary support and legal justification, must be

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made with respect to Protected Material that a party seeks to file under seal. The

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parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

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or HIGHLY CONFIDENTIAL does not—without the submission of competent

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evidence by declaration, establishing that the material sought to be filed under seal

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Acknowledgment of Procedure for Filing Under Seal. The parties

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qualifies as confidential, privileged, or otherwise protectable—constitute good

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cause.

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Further, if a party requests sealing related to a dispositive motion or trial,

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which does not include discovery or class certification motions, then compelling

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reasons, not only good cause, for the sealing must be shown, and the relief sought

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shall be narrowly tailored to serve the specific interest to be protected. See Pintos v.

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Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type

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of information, document, or thing sought to be filed or introduced under seal in

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connection with a dispositive motion or trial, the party seeking protection must

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articulate compelling reasons, supported by specific facts and legal justification, for

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the requested sealing order. Again, competent evidence supporting the application

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to file documents under seal must be provided by declaration.

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Any document that is not confidential, privileged, or otherwise protectable in

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its entirety will not be filed under seal if the confidential portions can be redacted. If

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documents can be redacted, then a redacted version for public viewing, omitting

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only the confidential, privileged, or otherwise protectable portions of the document,

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shall be filed. Any application that seeks to file documents under seal in their

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entirety should include an explanation of why redaction is not feasible.

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2.

DEFINITIONS

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2.1

Action: above captioned case.

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2.2

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

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designation of information or items under this Order.
2.3

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(regardless of how it is generated, stored or maintained) or tangible things

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considered to be “CONFIDENTIAL” Material include any information that a Party

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believes in good faith to be confidential or sensitive non-public information,

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including, but not limited to, trade secrets, research, design, development, financial,

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

“CONFIDENTIAL” Material: For purposes of this Order, information

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technical, marketing, planning, personal, or commercial information, as such terms

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are used in Rule 26(c)(l)(G) of the Federal Rules of Civil Procedure and any

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applicable case law interpreting Rule 26(c)(l)(G).

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2.4

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their support staff).

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2.5

Court: Any federal Court having jurisdiction over any aspect of the

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within Action, including attorneys, employees, judges, magistrates, secretaries,

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special masters, stenographic reporters, staff, transcribers and all other personnel

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necessary to assist the Court in its function, and the jury.

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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” or “HIGHLY CONFIDENTIAL.”

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2.7

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,

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

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or 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

Final Disposition: the later of (1) dismissal of all claims and defenses

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in this Action, with or without prejudice; and (2) final judgment herein after the

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completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

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this Action, including the time limits for filing any motions or applications for

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extension of time pursuant to applicable law.

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2.10

“HIGHLY CONFIDENTIAL” Material: for purposes of this Order,

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information (regardless of how it is generated, stored or maintained) or tangible

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things considered to be “HIGHLY CONFIDENTIAL” Materials includes non-

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public product design and testing information or extremely sensitive, highly

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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

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confidential, non-public information, consisting either of trade secrets, proprietary,

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or other highly confidential business, financial, regulatory, or strategic information

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(including information regarding business plans, technical data, and non-public

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designs), the disclosure of which would create a substantial risk of competitive or

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business injury to the Producing Party. HIGHLY CONFIDENTIAL shall also

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include materials containing “Personally Identifiable Information.”

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2.11

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

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outside counsel.

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2.12

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

or other legal entity not named as a Party to this action.
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Outside Counsel of Record: counsel of record for the Parties,

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including all partners, members, and associate attorneys of such counsel’s law firms

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who are assisting in the personnel of such counsel who may be assisting counsel of

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record for the parties in the conduct of the Action, and all clerks, employees,

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independent contractors, consultants, investigators, paralegals, assistants,

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secretaries, staff and stenographic, computer, audio-visual and clerical employees

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and agents thereof when operating under the supervision of such partners or

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associate attorneys.

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2.14

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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2.15

Personally Identifiable Information: any information that a party

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believes in good faith to be subject to federal, state or foreign data protection laws

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or other privacy obligations. Examples of such data protection laws include but are

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not limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial

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information); The Health Insurance Portability and Accountability Act, 45 CFR Part

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160 and Subparts A and E of Part 164 (medical information); the General Data

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

In-House Counsel: attorneys who are employees of a party to this

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Protection Regulation (GDPR): Regulation (EU) 2016/679 of the European

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Parliament and of the Council of 27 April 2016 on the protection of natural persons

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with regard to the processing of personal data and on the free movement of such

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data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ

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2016 L 119/1; Personal Information Protection and Electronic Documents Act

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(PIPEDA), S.C. 2000, c. 5 (Canada personal information); The Federal Law on

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Protection of Personal Data held by Private Parties (published July 5, 2010)

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(Mexico personal information); and Act on the Protection of Personal Information

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(Japan personal information) and Japan’s Protection of Personal Information Act

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(2023). Any party may redact Personally Identifiable Information that it claims, in

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good faith, requires protections under the terms of this Order. Personally

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Identifiable Information , however, shall not be redacted from Discovery Material

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to the extent it directly relates to or identifies an individual named as a party in this

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Litigation. Personally Identifiable Information of an individual named as a party

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shall otherwise receive the same protections and treatment afforded to other

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Protected Material under this Protective Order.

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2.16

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

Discovery Material in this Action.
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Professional Vendors: persons or entities, and their employees and

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subcontractors, that provide litigation-support services, including outside copying

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services, court reporters, stenographers, videotaping services, translating services,

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services to prepare exhibits or demonstrations, or companies engaged in the

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business of supporting computerized or electronic litigation discovery or trial

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preparation, that are retained by a Party or its counsel.

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2.18

Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” or which

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contains Personally Identifiable Information.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

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3.

SCOPE

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This Stipulated Protective shall govern for pre-trial purposes the handling of

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all Disclosure or Discovery Material, including documents, depositions, deposition

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exhibits, interrogatory responses, responses to requests for admissions, responses to

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requests for production of documents, and all other discovery obtained pursuant to

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the Federal Rules of Civil Procedure by or from a Party in connection with the

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Action.

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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 that might reveal Protected Material; (3) any

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testimony, conversations, or presentations by Parties or their Counsel that might

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reveal Protected Material; and (4) any notes, lists, memoranda, indices,

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compilations, data analyses, or other information prepared or based on an

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examination of Protected Material, that quote from or paraphrase Protected Material

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with such specificity that the Protected Material can be identified shall be accorded

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the same status of confidentiality as the underlying Protected Material from which

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they are made, shall be designated with the appropriate confidentiality legend, and

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shall be subject to all of the terms of this Protective Order.

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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 Stipulated Protective Order does not govern the use of Protected

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Material at trial.

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///

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///

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///

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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4.

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TRIAL AND DURATION
The terms of this Stipulated Protective Order apply through Final Disposition

of the Action.

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Once a case proceeds to trial, information that was designated as

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CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and

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used or introduced as an exhibit at trial becomes public and will be presumptively

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available to all members of the public, including the press, unless compelling

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reasons supported by specific factual findings to proceed otherwise are made to the

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trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81

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(distinguishing “good cause” showing for sealing documents produced in discovery

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from “compelling reasons” standard when merits-related documents are part of

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court record). Accordingly, for such materials, the terms of this Stipulated

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Protective Order do not extend beyond the commencement of the trial.

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Even after Final Disposition of this litigation, the confidentiality obligations

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imposed by this Stipulated Protective Order shall remain in effect until a

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

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5.

DESIGNATING PROTECTED MATERIAL
5.1

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

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

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

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

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

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or communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Exercise of Restraint and Care in Designating Material for Protection.

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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) may expose the Designating

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Party to sanctions.

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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

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this Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a)

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below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that

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qualifies for protection under this Stipulated Protective Order must be clearly so

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designated before the material is disclosed or produced. Designation in conformity

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with this Stipulated Protective Order requires:

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

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excluding transcripts of depositions or other pretrial or trial proceedings), that the

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

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CONFIDENTIAL” to 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 Producing Party also

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

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in the margins) to include:

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a. TIFF Documents. In the case of documents or other materials (apart

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from depositions or other pre-trial testimony), designation shall be made

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by affixing the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” to all pages in each document containing any

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Confidential Material or Highly Confidential Material, respectively.

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b. Native Documents. With respect to documents or materials containing

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Covered Information produced in Native Format, the Designating Party

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shall include the highest level of confidentiality designation in the

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filename.

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Manner and Timing of Designations. Except as otherwise provided in

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c. Non-Written Materials. Any non-text Covered Information (e.g.,

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videotape, audio tape, computer disk, etc.) may be designated as such by

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labeling the outside of such material as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL.” In the event a Receiving Party generates

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any “hard copy” transcription or printout from any such designated non-

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written materials, the person who generates such “hard copy”

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transcription or printout shall take reasonable steps to maintain the

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confidentiality of such materials and properly identify and stamp each

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page of such material as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” consistent with the original designation by the

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Producing Party.

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With respect to any deposition, confidential treatment may be invoked by

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designating specific pages and/or lines as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” on the record at the deposition, or by serving such designations

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within 30 days after receipt of the transcript of the deposition in which the

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designations are made. All deposition transcripts shall be treated as HIGHLY

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CONFIDENTIAL for 30 days following receipt of the transcript.

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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

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

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

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protected 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

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the 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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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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

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Stipulated Protective Order.

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5.4

Disclosure Of Protected Material. The failure to designate Protected

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Material does not constitute a waiver of such claim and may be remedied by prompt

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supplemental written notice upon discovery of the disclosure, with the effect that

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such Protected Material will be subject to the protections of this Order. The

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Receiving Party shall exercise good faith efforts to ensure that copies made of

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Protected Material produced to it, and copies made by others who obtained such

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Protected Material directly or indirectly from the Receiving Party, include the

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appropriate confidentiality legend, to the same extent that the Protected Material

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has been marked with the appropriate confidentiality legend by the Producing Party.

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5.5

Materials Prepared Based Upon Protected Material. Any notes, lists,

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memoranda, indices, compilations, or other materials prepared or based on an

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examination of Protected Material, that quote from or paraphrase Protected Material

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with such specificity that the Protected Material can be identified shall be accorded

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the same status of confidentiality as the underlying Protected Material from which

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they are made, shall be designated with the appropriate confidentiality legend, and

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shall be subject to all of the terms of this Protective Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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designation of confidentiality within 60 days of the Producing Party indicating that

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its production of documents pursuant to the document request in which the pertinent

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document was produced, is completed .

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6.2

Challenge. A Party challenging the designation of any material as

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Confidential or Highly Confidential shall give written notice to the Designating

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Party. The Receiving Party must make de-designation requests in good faith. Mass,

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indiscriminate, or routinized requests for de-designation are prohibited. No Party is

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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

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obliged to challenge the disclosure, or designation thereof, and a failure to do so

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shall not preclude a subsequent challenge.

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6.3

Meet and Confer. Upon receipt of the written objection, counsel for

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the Designating Party shall, within ten (10) business days, provide a written

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response to the objecting Party explaining the basis and supporting authority for the

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designation. The Parties shall meet and confer in good faith to attempt to resolve

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the dispute without resort to Court intervention. The burden of persuasion in any

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such challenge proceeding shall be on the Designating Party. As part of that

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process, the Designating Party must assess whether designation of a portion of the

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material as “Confidential” is a viable alternative to designation of the entire

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document.

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6.4

Discovery Motion. If no agreement is reached, the Producing Party

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shall have thirty (30) days from the date the challenge was made to commence the

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pre-motion conference outlined in the Hon. Stephanie S. Christensen’s Procedures

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and Schedules, available at http://www.cacd.uscourts.gov/judges-schedules-

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procedures. If authorized to do so following a pre-motion conference, the Producing

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Party shall file and serve a motion pursuant to United States District Court Central

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District of California Local Rule 37-2 seeking an order prohibiting disclosure of the

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disputed material other than as permitted by this Protective Order. If the Producing

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Party does not initiate the pre-discovery motion conference process under Local

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Rule 37-2 within thirty (30) days of a challenge, the subject Confidential Material

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or Highly Confidential Material designation is effectively withdrawn.

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6.5

Status of Challenged Designation Pending Judicial Determination.

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Any document or testimony as to which such a motion challenge is made shall

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continue to be treated as confidential until the Court renders a decision or the

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motion is otherwise resolved. In the event the Court rules that the challenged

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material is not Confidential or Highly Confidential, the Designating Party shall

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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reproduce copies of all materials so designated without the Confidential or Highly

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Confidential label at the Designating Party’s expense within ten business days.

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6.6

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

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

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

6

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

7

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

8

Producing Party’s designation until the court rules on the challenge.

9
10
11

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

12

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

13

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

14

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

15

conditions described in this Order. When the Action reaches a Final Disposition, a

16

Receiving Party must comply with the provisions of section 13 below.

17

7.2

Disclosure of CONFIDENTIAL Information or Items.

18

Unless otherwise ordered by the court or permitted in writing by the Designating

19

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

20

“CONFIDENTIAL” only:

21

a. the Parties;

22

b. to the Receiving Party’s Outside Counsel of Record in this Action,

23

as well as employees of said Outside Counsel of Record to whom it

24

is reasonably necessary to disclose the information for this Action;

25

c. to the officers, directors, and employees (including In-House

26

Counsel) of the Receiving Party to whom disclosure is reasonably

27

necessary for this Action;

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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

2

whom disclosure is reasonably necessary for this Action and who

3

have signed the “Acknowledgment and Agreement to Be Bound”

4

(Exhibit A);

5

e. to the court and its personnel;

6

f. to court reporters and their staff;

7

g. to professional jury or trial consultants, mock jurors, and

8

Professional Vendors to whom disclosure is reasonably necessary

9

for this Action and who have signed the “Acknowledgment and

10

Agreement to Be Bound” (Exhibit A);

11

h. to the author or recipient of a document containing the information

12

or a custodian or other person who otherwise possessed or knew the

13

information;

14

i. during their depositions, to witnesses, and attorneys for witnesses,

15

in the Action to whom disclosure is reasonably necessary,

16

provided: (1) the deposing party requests that the witness sign the

17

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

18

(2) the witness will not be permitted to keep any confidential

19

information unless they sign the “Acknowledgment and Agreement

20

to Be Bound” (Exhibit A), unless otherwise agreed by the

21

Designating Party or ordered by the court. Pages of transcribed

22

deposition testimony or exhibits to depositions that reveal Protected

23

Material may be separately bound by the court reporter and may not

24

be disclosed to anyone except as permitted under this Stipulated

25

Protective Order; and

26

j. to any mediator or settlement officer, and their supporting

27

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

28

settlement discussions.

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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7.3

2

Material. Except as specifically provided for in this or subsequent Court orders,

3

“HIGHLY CONFIDENTIAL” Materials or their contents may be disclosed,

4

summarized, described, or otherwise communicated or made available in whole or

5

in part only to the persons identified and conditions set forth in Paragraphs 7.2 (a)-

6

(g) and (i); and (2) who has signed executing Exhibit A as described in herein.

7

Notwithstanding, the foregoing counsel may disclose Highly Confidential

8

Material while on the record in a deposition taken in this Action to a witness

9

provided; (i) counsel in good faith believes the witness has knowledge of the

10

matters contained in the Highly Confidential Material (but only as to the subject

11

matter to which the witness is reasonably believed to have knowledge; and (ii)

12

counsel in good faith deems it necessary for the prosecution or defense of this

13

Action to show the Highly Information to the witness. The witness shall sign the

14

Exhibit A as described in herein before the material is disclosed. If a dispute arises

15

regarding whether it is necessary for the prosecution or defense of the Action to

16

show Highly Confidential Material to the witness, counsel for the parties present at

17

the deposition shall meet and confer during the deposition in an attempt to resolve

18

the dispute. If the parties are unable to resolve the dispute, the Highly Confidential

19

Material shall not be disclosed to the witness until such time that the Court can

20

resolve the dispute.

21

7.4

Security of Protected Material. Any person in possession of another

22

Party’s Protected Material shall exercise the same care with regard to the storage,

23

custody, or use of Protected Material as they would apply to their own material of

24

the same or comparable sensitivity. Receiving Parties must take reasonable

25

precautions to protect Protected Material from loss, misuse and unauthorized

26

access, disclosure, alteration and destruction, including but not limited to:

27

a. Protected Material in electronic format shall be maintained in a

28

secure litigation support site(s) that applies standard industry

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Persons Authorized to Receive “HIGHLY CONFIDENTIAL”

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practices regarding data security, including but not limited to

2

application of access control rights to those persons entitled to

3

access Protected Material under this Order;

4

b. An audit trail of use and access to litigation support site(s) shall be

5

maintained while this Litigation, including any appeals, is pending;

6

c. Any Protected Material downloaded from the litigation support

7

site(s) in electronic format shall be stored only on device(s) (e.g.

8

laptop, tablet, smartphone, thumb drive, portable hard drive) that

9

are password protected and/or encrypted with access limited to

10

persons entitled to access Protected Material under this Order. If the

11

user is unable to password protect and/or encrypt the device, then

12

the Protected Material shall be password protected and/or encrypted

13

at the file level.

14

d. Protected Material in paper format is to be maintained in a secure

15

location with access limited to persons entitled to access Protected

16

Material under this Order; and

17

e. Summaries of Protected Material, including any lists,

18

memorandum, indices or compilations prepared or based on an

19

examination of Protected Material, that quote from or paraphrase

20

Protected Material in a manner that enables it to be identified shall

21

be accorded the same status of confidentiality as the underlying

22

Protected Material.

23

f. If the recipient of Protected Material is shipping data in electronic

24

format, the recipient shall encrypt the data prior to shipping and

25

provide the encryption key in separate correspondence. If hard copy

26

documents are shipped, the Receiving Party will ship the

27

documents using secure packaging tape via Federal Express or UPS

28

and retain a tracking number for the materials. If the Receiving

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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Party learns at any time that the Protected Material has been

2

retrieved or viewed by unauthorized parties during shipment, it will

3

immediately notify the Producing Party and take all reasonable

4

measures to retrieve the improperly disclosed materials.

5

g. Absent notice and permission by the producing Party, the Receiving

6

Party shall not use any application, software, or analytical solution

7

that will transmit, transfer or allow access to any person, entity or

8

organization not authorized to have access to Protected Material

9

under the terms of this Order.

10

h. Absent notice to and permission from the producing Party, any

11

person or entity authorized to have access to Protected Material

12

under the terms of this Order shall not use or employ any

13

application, service, or analytical software that will transfer,

14

transmit, send or allow any external access to Protected Material (in

15

whole or in part) unless such application, service or analytical

16

software is containerized (i.e., does not transmit any Protected

17

Material, including parts or summaries thereof) to any external

18

system or network for the purpose of analysis, use or the generation

19

of text outputs in response to queries, has the ability to track all

20

information in the system (including access), and does not

21

otherwise allow access to information by unauthorized persons. For

22

the avoidance of doubt, this restriction expressly applies to the use

23

of public advanced large language models, “generative” AI tools,

24

and other advanced AI systems, including but not limited to public

25

versions of OpenAI GPT, ChatGPT3/4 et seq., Google Gemini,

26

Meta LLAMA, MidJourney, DALL-E, and Stable Diffusion.

27

///

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///

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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8.

2

EXCLUSION OF INDIVIDUALS FROM DEPOSITIONS
Counsel shall have the right to exclude any person who is not authorized by

3

this Order to receive documents or information designated as Protected Material

4

from any deposition where testimony regarding Protected Material or the use of

5

Protected Material is likely to arise.

6
7

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

8

PRODUCED IN OTHER LITIGATION

9

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

10

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

11

Action as Protected Material that Party must:

12
13

a. promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

14

b. promptly notify in writing the party who caused the subpoena or order to

15

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

16

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

17

shall include a copy of this Stipulated Protective Order; and

18

c. cooperate with respect to all reasonable procedures sought to be pursued

19

by the Designating Party whose Protected Material may be affected.

20

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

21

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

22

action as Protected Material before a determination by the court from which the

23

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

24

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

25

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

26

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

27

to disobey a lawful directive from another court.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

2

PRODUCED IN THIS LITIGATION

3

10.1 Application. The terms of this Stipulated Protective Order are

4

applicable to information produced by a Non-Party in this Action and designated as

5

Protected Material. Such information produced by Non-Parties in connection with

6

this litigation is protected by the remedies and relief provided by this Order.

7

Nothing in these provisions should be construed as prohibiting a Non-Party from

8

seeking additional protections.

9

10.2 Notification. In the event that a Party is required, by a valid discovery

10

request, to produce a Non-Party’s Protected Material in its possession, and the Party

11

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

12

Protected Material, then the Party shall:

13

(a)

14

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

15

agreement with a Non-Party;

16

(b)

17

make the information requested available for inspection by the

Non-Party, if requested.

18

10.3

Conditions of Production. If the Non-Party fails to seek a protective

19

order from this court within 14 days of receiving the notice and accompanying

20

information, the Receiving Party may produce the Non-Party’s Protected Material

21

responsive to the discovery request. If the Non-Party timely seeks a protective

22

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

23

control that is subject to the confidentiality agreement with the Non-Party before a

24

determination by the court. Absent a court order to the contrary, the Non-Party shall

25

bear the burden and expense of seeking protection in this court of its Protected

26

Material.

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///

28

///

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

promptly notify in writing the Requesting Party and the Non-

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11.

2

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise (including

3

breach of the security provisions set forth above), it has disclosed Protected

4

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

5

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

6

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

7

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

8

to whom unauthorized disclosures were made of all the terms of this Order, and (d)

9

request such person or persons to execute the “Acknowledgment and Agreement to

10

Be Bound” (Exhibit A).

11
12

12.

13

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Stipulated Protective Order

14

abridges the right of any person to seek its modification by the court in the future.

15

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

16

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

17

object to disclosing or producing any information or item on any ground not

18

addressed in this Stipulated Protective Order. Similarly, no Party waives any right

19

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

20

Stipulated Protective Order.

21

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

22

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

23

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

24

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

25

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

26

public record unless otherwise instructed by the court.

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///

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///

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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1

13.

2

FINAL DISPOSITION
After the Final Disposition of this Action, as defined in paragraph 2.8, within

3

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

4

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

5

used in this subdivision, “all Protected Material” includes all copies, abstracts,

6

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

7

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

8

Receiving Party must submit a written certification to the Producing Party (and, if

9

not the same person or entity, to the Designating Party) by the 60 day deadline that

10

(1) identifies (by category, where appropriate) all the Protected Material that was

11

returned or destroyed and (2) affirms that the Receiving Party has not retained any

12

copies, abstracts, compilations, summaries or any other format reproducing or

13

capturing any of the Protected Material. Notwithstanding this provision, Counsel is

14

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

15

and hearing transcripts, legal memoranda, correspondence, deposition and trial

16

exhibits, expert reports, attorney work product, and consultant and expert work

17

product, even if such materials contain Protected Material. Any such archival copies

18

that contain or constitute Protected Material remain subject to this Protective Order

19

as set forth in Section 4.

20
21

14.

PROTECTIVE ORDER REMAINS IN FORCE

22

This Protective Order shall remain in force and effect until modified,

23

superseded, or terminated. Unless otherwise ordered or agreed upon by the Parties,

24

this Protective Order shall survive the termination of this Action. The Court retains

25

jurisdiction even after termination of this Action to enforce this Protective Order

26

and to make such amendments, modifications, deletions and additions to this

27

Protective Order as the Court may from time to time deem appropriate.

28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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DB2/ 49524179.1

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1

15.

VIOLATION

2

Any violation of this Stipulated Protective Order may be punished by any and

3

all appropriate measures including, without limitation, contempt proceedings and/or

4

monetary sanctions.

5
6

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7
8

Dated:

November 6, 2024

/s/ S. Martin Keleti
S. Martin Keleti (Bar #144208)
KELETI LAW
9903 Santa Monica Boulevard, Suite 751
Beverly Hills, California 90212-1671
TELEPHONE: [phone]
E-Mail: [e-mail]

9
10
11
12

Gary S. Graifman*
KANTROWITZ GOLDHAMER &
GRAIFMAN, P.C.
135 Chestnut Ridge Road, Suite 200
Montvale, New Jersey 07645
TELEPHONE: [phone]
E-Mail: [e-mail]

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14
15
16

Thomas P. Sobran*
THOMAS P. SOBRAN, P.C.
7 Evergreen Lane
Hingham, Massachusetts 02043
TELEPHONE: [phone]
E-Mail: [e-mail]

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19

*Admitted Pro Hac Vice

20

Attorneys For Plaintiffs

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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Dated:

November 6, 2024

2
3

MORGAN, LEWIS & BOCKIUS LLP
Lisa R. Weddle
David L. Schrader
Evan A. Ormond
Matthew Papkin

4
5

By /s/ Lisa R. Weddle_______
Lisa R. Weddle
Attorneys for Defendants
Toyota Motor Sales, U.S.A., Inc. and
Toyota Motor North America, Inc.

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7
8
9
10
11

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated: November 7, 2024

TEPHANIE
T
PHANIE S
S. CHRIS
HRISTENSEN
HON. STE
United States Magistrate Judge

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MORGAN, LEWIS &
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ATTORNEYS AT LAW
LOS ANGELES

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1

EXHIBIT A

2

ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3

I, _______________________, [print or type full name], of

4

___________________________________________ [print or type full address],

5

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

6

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

7

the Central District of California on [date] in the case of _____________________

8

__________________________________________ [insert formal name of the

9

case and the number and initials assigned to it by the court]. I agree to comply

10

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

11

understand and acknowledge that failure to so comply could expose me to sanctions

12

and punishment in the nature of contempt. I solemnly promise that I will not

13

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

14

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

15

provisions of this Order.

16

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

17

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

18

Stipulated Protective Order, even if such enforcement proceedings occur after

19

termination of this action. I hereby appoint _______________________, [print or

20

type full name], of ___________________________________________ [print or

21

type full address and telephone number] as my California agent for service of

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BOCKIUS LLP

STIPULATED PROTECTIVE ORDER
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ATTORNEYS AT LAW
LOS ANGELES

DB2/ 49524179.1

1

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

2

this Stipulated Protective Order.

3
4

Dated:

___________________________

5

City and State where sworn and

6

signed:

7

Printed name:

___________________________
______________________

8
9

Signature:

___________________________

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

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