Lori Robbins v. Hyundai Motor America et al

Filing 88

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 87 . (kh)

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Michael Mallow (SBN 188745)
[e-mail]
Darlene M. Cho (SBN 251167)
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
HYUNDAI MOTOR AMERICA

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LORI ROBBINS, on behalf of herself
and all others similarly situated,

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Plaintiff,
vs.

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HYUNDAI MOTOR AMERICA and
HYUNDAI MOTOR COMPANY,

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Defendants.

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Case No. SACV14-00005 JLS (ANx)
Assigned to: Hon. Josephine L. Staton
DISCOVERY MATTER
STIPULATED PROTECTIVE
ORDER

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STIPULATED PROTECTIVE ORDER

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1.

PURPOSES AND LIMITATIONS
WHEREAS Defendant Hyundai Motor America (“HMA”) and Plaintiff Lori

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Robbins (“Plaintiff”) (together, the “Parties”) anticipate that they may produce certain

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“CONFIDENTIAL or HIGHLY CONFIDENTIAL Material,” as defined below, in

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their responses to written discovery, during deposition testimony, during confidential

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settlement discussions, or in response to other requests in the matter captioned Lori

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Robbins v. Hyundai Motor America (Case No.: SACV14-00005 JLS (ANx)) (the

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“Action”), HMA and Plaintiff, through their undersigned counsel, hereby stipulate to

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and petition the Court to enter a Protective Order, as stipulated by the Parties (the

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“Agreement”) and set forth below. The Parties acknowledge that this Order does not

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confer blanket protections on all disclosures or responses to discovery and that the

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protection it affords from public disclosure and use extends only to the limited

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information or items that are entitled to confidential treatment under the applicable

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legal principles. The Parties further acknowledge, as set forth in Section 12.3, below,

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that this Stipulated Protective Order does not entitle them to file confidential

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information under seal; Civil Local Rule 79-5, the Court’s Standing Order, and the

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Court’s Pilot Program Instructions for Filing Under Seal Documents set forth the

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

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seeks permission from the Court to file material under seal.

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2.

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DEFINITIONS
2.1

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

of information or items under this Order.
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“CONFIDENTIAL” Material: information considered to be Confidential

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Material includes any information that a party or third-party believes in good faith to

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be confidential or sensitive, including, but not limited to, development, financial,

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technical, marketing, planning, personal, commercial, or proprietary information, as

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such terms are used in Rule 26(c)(7) of the Federal Rules of Civil Procedure and any

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applicable case law interpreting Rule 26(c)(7) (regardless of how it is generated,

STIPULATED PROTECTIVE ORDER

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stored or maintained) or tangible things that qualify for protection under Federal Rule

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of Civil Procedure 26(c).

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2.3

“HIGHLY CONFIDENTIAL” Material: information (regardless of how

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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), including but not limited to non-public

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product design and testing information or extremely sensitive, highly confidential,

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non-public information, consisting either of trade secrets, research, design, or

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

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

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

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or business injury to the Producing Party. Notwithstanding the foregoing, Hyundai

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computer source code and related materials, or similar highly sensitive materials

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requiring special protection, may be subject to additional forms of protection pursuant

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to further order of this Court.

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2.4

Counsel (without qualifier): Outside Counsel of Record and In-House

Counsel (as well as their support staff).
2.5

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

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items that it produces in disclosures, responses to discovery, depositions, or settlement

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discussions, as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or

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“HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”

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2.6

Direct Competitor: Any company that designs, manufactures, or

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distributes automobiles. “Direct Competitor” does not include any car dealership that

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sells new or used cars at the retail level.

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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, responses to discovery, depositions, or settlement

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discussions in this matter.
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STIPULATED PROTECTIVE ORDER

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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 an

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expert witness or as a consultant in this action. Highly Confidential Material shall not

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be disclosed to any experts or consultants who are current employees of a Direct

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Competitor of any Hyundai entities. With respect to outside experts or consultants

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who were employed by a Direct Competitor of any of the Hyundai entities named in

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the Action within one (1) year from the date of the filing of the Complaint in this

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action (i.e., January 2, 2014), Highly Confidential Material may be shared with those

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experts or consultants only after counsel for HMA in the litigation are given at least

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twenty (20) days prior written notice of the identity of the expert or consultant to

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whom such Highly Confidential Material is to be disclosed (including his or her name,

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address, current job title and the names of any Direct Competitors by which he has

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been employed) and there is no objection made to disclosure. If HMA objects to the

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disclosure of the Highly Confidential Material, no disclosure of any Highly

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Confidential Material shall be made unless and until resolution of such objection has

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been reached. Notwithstanding paragraphs 7.2(c) and 7.3(b), Confidential Material or

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Highly Confidential Material may be provided to experts or consultants only for the

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purpose of aiding, assisting, or allowing such expert or consultant to prepare a written

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opinion, to prepare to testify, or to assist counsel for a party with prosecuting or

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defending 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.
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.
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).
2.13 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this action.
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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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.
2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or

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“HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
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.

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SCOPE
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 extracted

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

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Protected Material, including from discussions by the Parties or their Counsel about

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Protected Material; (3) any testimony by Parties that reveal Protected Material; or (4)

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any Powerpoint or similar presentations given in the course of this litigation by the

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Parties or their Counsel that reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover

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the following information: (a) any information that is in the public domain at the time

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of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation of

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this Order, including becoming part of the public record through trial or otherwise;
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and (b) any information known to the Receiving Party prior to the disclosure or

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obtained by the Receiving Party after the disclosure from a source who represents to

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the Receiving Party that the source obtained the information lawfully and under no

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obligation of confidentiality to the Designating Party. Any use of Protected Material at

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trial shall be governed by a separate agreement or order.

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4.

DURATION
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 or

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

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of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
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 or retard the case development process or to

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impose unnecessary expenses and burdens on other Parties) expose the Designating

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Party to sanctions.
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STIPULATED PROTECTIVE ORDER

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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 mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:
(a)

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT

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TO PROTECTIVE ORDER” to each page that contains protected material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing

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

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markings in the margins). A Party or Non-Party that makes original documents or

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materials available for inspection need not designate them for protection until after the

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inspecting Party has indicated which material it would like copied and produced.

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During the inspection and before the designation, all of the material made

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available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY

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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 –

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SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT

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TO PROTECTIVE ORDER” legend to each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protection, the
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Producing Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).
(b)

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for testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before the close of the

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deposition, hearing, or other proceeding, all protected testimony, or by notifying

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counsel of record for all parties in writing within fifteen (15) days after receipt of the

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transcript that designated portions of the transcript are protected.
(c)

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for information produced in some form other than documentary

and for any other tangible items, that the Producing Party affix in a prominent place

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on the exterior of the container or containers in which the information or item is stored

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the legend “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or

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“HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” If only a

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portion or portions of the information or item warrant protection, the Producing Party,

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to the extent practicable, shall identify the protected portion(s).
5.3

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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. To the extent the Receiving Party has filed qualified information or items with

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the Court before the Designating Party notifies the Receiving Party of the Designating

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Party’s inadvertent failure to designate the information or items as “CONFIDENTIAL

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– SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER,” the Receiving Party shall not be obligated to

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place the filed information or items under seal.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

designation of confidentiality at any time. Unless a prompt challenge to a Designating
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Party’s confidentiality designation is necessary to avoid foreseeable, substantial

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unfairness, unnecessary economic burdens, or a significant disruption or delay of the

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litigation, a Party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the original designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is challenging

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and describing the basis for each challenge. To avoid ambiguity as to whether a

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challenge has been made, the written notice must recite that the challenge to

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confidentiality is being made in accordance with this specific paragraph of the

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Protective Order. In accordance with Civil Local Rule 37-1, the Parties shall confer in

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person at the office of the Designating Party’s counsel, unless the parties agree to

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meet someplace else, in an attempt to resolve each challenge in good faith. Unless

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relieved by written order of the Court upon good cause shown, counsel for the

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Designating Party shall confer with counsel for the Challenging Party within ten (10)

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days after the Challenging Party serves a letter requesting such conference. The

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Challenging Party’s letter shall identify, by reference to bates-numbers where

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applicable, the designated material being challenged, each issue and/or discovery

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request in dispute, shall state briefly with respect to each such issue/request the

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Challenging Party’s position (and provide any legal authority which the Challenging

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Party believes is dispositive of the dispute as to that issue/request), and specify the

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terms of the discovery order to be sought. In conferring, the Challenging Party must

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explain the basis for its belief that the confidentiality designation was not proper and

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must give the Designating Party an opportunity to review the designated material, to

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reconsider the circumstances, and, if no change in designation is offered, to explain

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the basis for the chosen designation. A Challenging Party may proceed to the next

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stage of the challenge process only if it has engaged in this meet and confer process

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first or establishes that the Designating Party is unwilling to participate in the meet

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and confer process in a timely manner.
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STIPULATED PROTECTIVE ORDER

6.3

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Judicial Intervention. If the Parties cannot resolve a challenge without

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court intervention, in accordance with Civil Local Rule 37-2 (and in compliance with

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Civil Local Rule 79-5, the Court’s Standing Order, and the Court’s Pilot Program

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Instructions for Filing Under Seal Documents, if applicable), within twenty-one (21)

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days of the Parties agreeing that the meet and confer process will not resolve their

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dispute, the Designating Party shall personally deliver or e-mail the Designating

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Party’s portion of the joint stipulation required by Civil Local Rule 37-2.1, together

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with all declarations and exhibits to be offered in support of the Designating Party’s

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position. Within twenty-one (21) days of receipt of the Designating Party’s material,

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counsel for the Challenging Party shall personally deliver or e-mail to counsel for the

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Designating Party the Challenging Party’s portion of the stipulation, together with all

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declarations and exhibits to be offered in support of the Challenging Party’s position.

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After the Challenging Party’s material is added to the stipulation by the Designating

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Party’s counsel, the stipulation shall be provided to Challenging Party, who shall sign

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it (electronically or otherwise) and return it to counsel for the Designating Party no

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later than the end of the next business day, so that it can be filed with the notice of

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motion.
6.4

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The burden of persuasion in any proceeding challenging a

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” designation shall be on the

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Designating Party. Any frivolous challenges made for an improper purpose (e.g., to

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

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

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confidentiality designation, all Parties shall continue to afford the material in question

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

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until the Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

disclosed or produced by another Party or by a Non-Party in connection with this case
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only for prosecuting, defending, or attempting to settle this litigation. Such 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 litigation has been terminated, a Receiving Party

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must comply with the provisions of section 13 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 information or item designated “CONFIDENTIAL –

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SUBJECT TO PROTECTIVE ORDER” only to:
(a)

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The Court, persons employed by the Court who are necessary for

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the handling of the Action, and court reporters, and their staff, transcribing the

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testimony or argument at a hearing, trial or deposition in this litigation or any appeal

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therefrom;
(b)

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Counsel of record in this litigation, as well as attorneys employed

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by counsel of record in this litigation, paralegals, technical, administrative and clerical

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employees working under the direct supervision of such counsel. Counsel of record

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shall be responsible to ensure that the supervised personnel comply with the terms of

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this Order;

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(c)

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

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disclosure is reasonably necessary for this litigation, who have signed the

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

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(d)

Individual named plaintiffs who have a need to know such

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information for purposes of this litigation and who have signed the

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

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(e)

Professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this litigation and who have
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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f)

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During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment and

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

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Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this Stipulated

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Protective Order; and
(g)

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Any person indicated by a document marked as Confidential

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Material to be an author, addressee, or copy recipient of the Confidential Material, or

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as to whom there has been testimony, whether at deposition or trial, or by declaration

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or affidavit, that the person was the author or recipient of the Confidential Material.

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7.3

Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

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

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Party, a Receiving Party may disclose information or item designated “HIGHLY

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” only to:
(a)

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Counsel of record in this litigation, as well as attorneys employed

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by counsel of record in this litigation, paralegals, technical, administrative and clerical

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employees working under the direct supervision of such counsel. Counsel of record

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shall be responsible to ensure that the supervised personnel comply with the terms of

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this Order;

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(b)

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

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disclosure is reasonably necessary for this litigation, who have signed the

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

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(c)

The Court, persons employed by the Court who are necessary for

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the handling of the litigation, and court reporters transcribing the testimony or

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argument at a hearing, trial or deposition in this litigation or any appeal therefrom;

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(d)

Court reporters and their staff, professional jury or trial
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consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably

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necessary for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);
(e)

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During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment and

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

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Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this Stipulated

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Protective Order; and
(f)

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Any person indicated by a document marked as Highly

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Confidential Material to be an author, addressee, or copy recipient of the Highly

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Confidential Material, or as to whom there has been testimony, whether at deposition

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or trial, or by declaration or affidavit, that the person was the author or recipient of the

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Highly Confidential Material.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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that compels disclosure of any information or items designated in this action as

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY

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CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the Party who caused the subpoena or

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

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subpoena or order is subject to this Order. Such notification shall include a copy of

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this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be
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pursued by the Designating Party whose Protected Material may be affected.

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

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

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this action as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or

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“HIGHLY CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” before a

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determination by the Court from which the subpoena or order issued, unless the Party

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has obtained the Designating Party’s permission. The Designating Party shall bear the

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burden and expense of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or encouraging a

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Receiving Party in this action to disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS ACTION

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9.1

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 – SUBJECT TO

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PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – SUBJECT TO

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PROTECTIVE ORDER.” Such information produced by Non-Parties in connection

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

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

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seeking additional protections.

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9.2

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

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

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

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confidential 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

Protective Order in this litigation, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
(3)

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make the information requested available for inspection by the

Non-Party.
9.3

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If the Non-Party fails to object or seek a protective order from this Court

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

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

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the discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the Court.

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this Court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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) inform the person or

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persons to whom unauthorized disclosures were made of the existence of this

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Stipulated Protective Order, and (c) use his/her/its best efforts to obtain written

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confirmation from the person or persons to whom unauthorized disclosures were made

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that he/she has destroyed any Protected Material received from the Receiving Party

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and has not transmitted, in whole or in part, any Protected Material to any other

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person or persons.

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11.

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). This provision is not intended to modify whatever procedure
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STIPULATED PROTECTIVE ORDER

1

may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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Parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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Parties may incorporate their agreement in the stipulated protective order submitted to

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the Court.
Pursuant to Federal Rule of Evidence 502(b) & (e), the Parties hereby agree that

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any inadvertently produced document in a production in the litigation shall not result

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in the waiver of any privilege or protection associated with such document, nor result

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in a subject matter waiver of any kind. “Inadvertently Produced Document” is a

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document produced to a Party or Non-Party in this litigation that could have been

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withheld, in whole or in part, based on a legitimate claim of attorney-client privilege,

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work-product protection, or other applicable privilege. See FED. R. EVID. 502(g).

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12.

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MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.

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

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Stipulated Protective Order, no Party waives any right it/he/she otherwise would have

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

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addressed in this Order. Similarly, no Party waives any right to object on any ground

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

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12.3 Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in this action any Protected Material,

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including, but not limited to (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any testimony, conversations, or presentations by Parties or their Counsel that

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might reveal Protected Material. A Party that seeks to file any such Protected Material
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STIPULATED PROTECTIVE ORDER

1

must comply with Civil Local Rule 79-5, the Court’s Standing Order, and the Court’s

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Pilot Program Instructions for Filing Under Seal Documents. Protected Material may

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

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specific Protected Material at issue.

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13.

FINAL DISPOSITION
13.1 Within sixty (60) days after the final disposition of this action, as defined

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7

in paragraph 4, each Receiving Party must return all Protected Material to the

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Producing Party or destroy such material. As used in this subsection, “all Protected

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Material” includes all copies, abstracts, compilations, summaries, and any other

10

format reproducing or capturing any of the Protected Material. Whether the Protected

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Material is returned or destroyed, the Receiving Party must submit a written

12

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

13

Designating Party) by the 60-day deadline, or upon request by a Producing Party,

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whichever is later, that: (1) certifies all the Protected Material (which the Producing

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Party may, but is not obligated to, identify for the Receiving Party by bates-number

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and categories) was either returned to the Designating Party or destroyed, and (2)

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affirms that the Receiving Party has not retained any copies, abstracts, compilations,

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summaries or any other format reproducing or capturing any of the Protected Material.
Notwithstanding this provision, Counsel are entitled to retain an archival copy

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20

of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

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memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

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work product, and consultant and expert work product, even if such materials contain

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

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Material remain subject to this Protective Order as set forth in Section 4,

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“DURATION.”

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///

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///

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///
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STIPULATED PROTECTIVE ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: April 27, 2015

STRATEGIC LEGAL PRACTICES, APC

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By: /s/ Payan Shahian
Payam Shahian
Attorneys for Plaintiff LORI ROBBINS

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5
6

Dated: April 27, 2015

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By: /s/ Mark D. O’Connor
Mark D. O’Connor
Steve B. Mikhov
Attorneys for Plaintiff LORI ROBBINS

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O’CONNOR & MIKHOV LLP

Dated: April 27, 2015

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ECOTECH LAW GROUP, P.C.
By: /s/ Dara Tabesh
Dara Tabesh
Attorneys for Plaintiff LORI ROBBINS

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14

Dated: April 27, 2015

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GIELEGHEM LAW OFFICE
By: /s/ Neil Gieleghem
Neil Gieleghem
Attorneys for Plaintiff LORI ROBBINS

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Dated: April 27, 2015

SIDLEY AUSTIN LLP
By: /s/ Michael L. Mallow
Michael L. Mallow
Attorneys for Defendant
HYUNDAI MOTOR AMERICA

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STIPULATED PROTECTIVE ORDER

1

Attestation by E-Filer

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In compliance with C.D. Cal. L.R. 5-4.3.4, Michael L. Mallow, the ECF user whose
identification and password are being used to file this document, hereby attests that all
signatories have concurred in the filing of this document.

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5

Dated: April 27, 2015

SIDLEY AUSTIN LLP

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By: /s/ Michael L. Mallow
Michael L. Mallow
Attorneys for Defendant
HYUNDAI MOTOR AMERICA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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13

Hon. Jay C. Gandhi
U.S. Magistrate Judge

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18
STIPULATED PROTECTIVE ORDER

1

EXHIBIT “A”

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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10

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LORI ROBBINS, on behalf of herself
and all others similarly situated,
Plaintiff,

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16

vs.

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HYUNDAI MOTOR AMERICA and
HYUNDAI MOTOR COMPANY,

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Defendants.

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)
)
)
)
)
)
)
)
)
)
)
)

Case No. SACV14-00005 JLS (ANx)
Assigned to: Hon. Josephine L. Staton
ACKNOWLEDGEMENT OF
STIPULATED PROTECTIVE
ORDER AND AGREEMENT TO BE
BOUND

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I, ____________________________________ [print or type full name], of
__________________________________________________ [print or type full
address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States
District Court for the Central District of California on _________________ [date] in
the above-captioned case.

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ACKNOWLEDGEMENT OF STIPULATED PROTECTIVE ORDER AND AGREEMENT TO BE BOUND

1

I agree to comply with and to be bound by all the terms of this Stipulated

2

Protective Order, and I understand and acknowledge that failure to so comply could

3

expose me to sanctions and punishment in the nature of contempt. I solemnly promise

4

that I will not disclose in any manner any information or item that is subject to this

5

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

6

provisions of this Order.

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

8

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

9

Stipulated Protective Order, even if such enforcement proceedings occur after

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11

termination of this action.
I hereby appoint ____________________________ [print or type full name] of

12

__________________________________________________ [print or type full

13

address], phone number __________________________ [print or type telephone

14

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

15

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:
[printed name]

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[telephone number]

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Signature:

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206068005v.5

2
ACKNOWLEDGEMENT OF STIPULATED PROTECTIVE ORDER AND AGREEMENT TO BE BOUND