Jennifer Perez Martinez et al v. American Honda Motor Co., Inc. eta l

Filing 24

STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen E. Scott re Stipulation for Protective Order 23 . See document for details. (es)

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KNIGHT LAW GROUP, LLP
Maite Colon (SBN 322284)
10250 Constellation Blvd., Suite 2500
Los Angeles, CA 90067
Tel. No.: 310.522.2250
Fax No.: 310.552-7973
Email: [e-mail]
Attorneys for Plaintiffs JENNIFER PEREZ MARTINEZ aka JENNIFER PEREZ
and EDGAR LUNA AYAVIRI,

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SJL LAW LLP
Julian G. Senior (SBN: 219098)
[e-mail]
Sean P. Ducar (SBN: 295541)
[e-mail]
841 Apollo Street, Suite 300
El Segundo, CA 90245
Tel. No.: 424.290.0720
Fax No.: 424.290.0721
[e-mail] (service at any other email address is invalid)
Attorneys for Defendant AMERICAN HONDA MOTOR CO., INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JENNIFER PEREZ MARTINEZ aka
JENNIFER PEREZ and EDGAR
LUNA AYAVIRI,
Plaintiffs,

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CASE No.: 8:22-CV-02106FWS(KESx)
Assigned to: Hon. Fred W. Slaughter
STIPULATED PROTECTIVE ORDER

vs.
AMERICAN HONDA MOTOR CO.,
INC., a California Corporation, and
DOES 1 through 10, inclusive,

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8:22-CV-02106FWS(KESx)

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Defendant.
I.

PURPOSES AND LIMITATIONS

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A.

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confidential, proprietary, or private information for which special protection

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

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

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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

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

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

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items that are entitled to confidential treatment under the applicable legal

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

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

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

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

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

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II.

Discovery in this action is likely to involve production of

GOOD CAUSE STATEMENT

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A.

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

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technical and/or proprietary information for which special protection from

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public disclosure and from use for any purpose other than prosecution of

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this action is warranted. Such confidential and proprietary materials and

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information consist of, among other things, confidential business or

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financial information, information regarding confidential business practices,

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or other confidential research, development, or commercial information

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(including information implicating privacy rights of third parties),

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

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privileged or otherwise protected from disclosure under state or federal

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

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8:22-CV-02106FWS(KESx)

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statutes, court rules, case decisions, or common law.

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expedite the flow of information, to facilitate the prompt resolution of

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disputes over confidentiality of discovery materials, to adequately protect

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information the parties are entitled to keep confidential, to ensure that the

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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

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

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such information is justified in this matter. It is the intent of the parties that

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information will not be designated as confidential for tactical reasons and

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that nothing be so designated without a good faith belief that it has been

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

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

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III.

Accordingly, to

DEFINITIONS

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A.

Action: Jennifer Perez Martinez aka Jennifer Perez, Edgar Luna

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Ayaviri v. American Honda Motor Co., Inc.

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B.

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designation of information or items under this Order.

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C.

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

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

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above in the Good Cause Statement.

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D.

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their support staff).

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E.

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

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“CONFIDENTIAL.”

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F.

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regardless of the medium or manner in which it is generated, stored, or

Challenging Party:

A Party or Non-Party that challenges the

“CONFIDENTIAL” Information or Items: Information (regardless of

Counsel: Outside Counsel of Record and House Counsel (as well as
Designating Party: A Party or Non-Party that designates information

Disclosure or Discovery Material:

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All items or information,

8:22-CV-02106FWS(KESx)

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that are produced or generated in disclosures or responses

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to discovery in this matter.

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G.

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matter pertinent to the litigation who has been retained by a Party or its

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

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H.

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

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other outside counsel.

Expert: A person with specialized knowledge or experience in a

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

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I.

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

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

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J.

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

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

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

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includes support staff.

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K.

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

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(and their support staffs).

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L.

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Discovery Material in this Action.

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M.

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

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

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form or medium) and their employees and subcontractors.

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N.

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designated as “CONFIDENTIAL.”

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O.

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

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

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

Persons or entities that provide litigation

Protected Material: Any Disclosure or Discovery Material that is
Receiving Party:

A Party that receives Disclosure or Discovery

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Material from a Producing Party.

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IV.

SCOPE

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A.

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

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

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

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

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Protected Material.

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B.

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of

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trial.

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V.

The protections conferred by this Stipulation and Order cover not

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

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

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A.

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

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

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

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

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

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

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any motions or applications for extension of time pursuant to applicable

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law.

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VI.

Even after final disposition of this litigation, the confidentiality

DESIGNATING PROTECTED MATERIAL
A.

Exercise of Restraint and Care in Designating Material for Protection

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1.

Each Party or Non-Party that designates information or items

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

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designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only

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

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communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not

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

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2.

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Designations that are shown to be clearly unjustified or that have

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

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the case development process or to impose unnecessary expenses and

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burdens on other parties) may expose the Designating Party to

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sanctions.

Mass, indiscriminate, or routinized designations are prohibited.

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3.

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

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that Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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B.

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

Manner and Timing of Designations

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1.

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

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

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Discovery Material that qualifies for protection under this Order must

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

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2.

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following:

Designation in conformity with this Order requires the

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a.

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

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electronic documents, but excluding transcripts of depositions

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

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affix

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

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

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material on a page qualifies for protection, the Producing Party

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

at

a

minimum,

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the

legend

“CONFIDENTIAL”

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making appropriate markings in the margins).

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b.

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available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents

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it would like copied and produced. During the inspection and

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before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL.”

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inspecting Party has identified the documents it wants copied

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and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under

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this Order. Then, before producing the specified documents,

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the Producing Party must affix the “CONFIDENTIAL legend”

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

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

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the Producing Party also must clearly identify the protected

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

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margins).

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c.

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Party identify the Disclosure or Discovery Material on the

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record, before the close of the deposition all protected

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testimony.

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d.

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

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in a prominent place on the exterior of the container or

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containers in which the information is stored the legend

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“CONFIDENTIAL.”

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information warrants protection, the Producing Party, to the

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

A Party or Non-Party that makes original documents

After the

For testimony given in depositions, that the Designating

For information produced in form other than document

If only a portion or portions of the

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C.

Inadvertent Failure to Designate

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1.

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

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

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Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

If timely corrected, an inadvertent failure to designate qualified

Timing of Challenges

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1.

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

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Scheduling Order.

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B.

Any party or Non-Party may challenge a designation of

Meet and Confer

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1.

The Challenging Party shall initiate the dispute resolution

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process under Local Rule 37.1 et seq.

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C.

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

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improper purpose (e.g., to harass or impose unnecessary expenses and

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burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all parties shall continue to afford the material in question the

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

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designation until the Court rules on the challenge.

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The burden of persuasion in any such challenge proceeding shall be

VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles

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1.

A Receiving Party may use Protected Material that is disclosed

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

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

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this Action. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this

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

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comply with the provisions of Section XIV below.

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2.

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

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access is limited to the persons authorized under this Order.

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B.

Protected Material must be stored and maintained by a

Disclosure of “CONFIDENTIAL” Information or Items
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Unless otherwise ordered by the Court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of

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Record to whom it is reasonably necessary to disclose the

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information for this Action;

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b.

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Counsel) of the Receiving Party to whom disclosure is

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reasonably necessary for this Action;

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c.

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to whom disclosure is reasonably necessary for this Action and

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who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A);

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary for this Action and who have signed the

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“Acknowledgment and Agreement to be Bound” attached as

The officers, directors, and employees (including House

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

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Exhibit A hereto;

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g.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably

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

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witness sign the “Acknowledgment and Agreement to Be

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

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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confidential

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“Acknowledgment and Agreement to Be Bound,” unless

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otherwise agreed by the Designating Party or ordered by the

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Court. Pages of transcribed deposition testimony or exhibits to

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depositions that reveal Protected Material may be separately

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bound by the court reporter and may not be disclosed to anyone

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except as permitted under this Stipulated Protective Order; and

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i.

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions.
PROTECTED

information

unless

they

sign

the

Any mediator or settlement officer, and their supporting

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IX.

MATERIAL

SUBPOENAED

OR

ORDERED

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PRODUCED

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A.

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litigation that compels disclosure of any information or items designated in

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this Action as “CONFIDENTIAL,” that Party must:

IN OTHER LITIGATION

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

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1.

Promptly notify in writing the Designating Party.

Such

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

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2.

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

Promptly notify in writing the party who caused the subpoena

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

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Such notification shall include a copy of this Stipulated Protective

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Order; and

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3.

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be pursued by the Designating Party whose Protected Material may be

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affected.

Cooperate with respect to all reasonable procedures sought to

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B.

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

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

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

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

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bear the burden and expense of seeking protection in that court of its

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confidential material and nothing in these provisions should be construed as

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

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lawful directive from another court.

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X.

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

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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A.

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

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

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

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

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seeking additional protections.

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B.

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

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

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Party’s confidential information, then the Party shall:

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The terms of this Order are applicable to information produced by a
Such

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

1.

Promptly notify in writing the Requesting Party and the Non-

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

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confidentiality agreement with a Non-Party;

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2.

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

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a reasonably specific description of the information requested; and

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3.

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Non-Party, if requested.

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

Make the information requested available for inspection by the

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C.

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14 days of receiving the notice and accompanying information, the

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

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responsive to the discovery request.

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

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

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

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

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protection in this court of its Protected Material.

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XI.

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

If the Non-Party timely seeks a

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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A.

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

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disclosed Protected Material to any person or in any circumstance not

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authorized under this Stipulated Protective Order, the Receiving Party must

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

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

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Protected Material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) request such

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

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Bound” that is attached hereto as Exhibit A.

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XII. INADVERTENT

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OTHERWISE

PRODUCTION

OF

PRIVILEGED

OR

PROTECTED MATERIAL

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A.

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

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protection, the obligations of the Receiving Parties are those set forth in

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Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended

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to modify whatever procedure may be established in an e-discovery order

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that provides for production without prior privilege review. Pursuant to

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Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an

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agreement on the effect of disclosure of a communication or information

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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

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submitted to the Court.

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When a Producing Party gives notice to Receiving Parties that certain

XIII. MISCELLANEOUS
A.

Right to Further Relief
1.

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

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its

modification by the Court in the future.

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B.

Right to Assert Other Objections

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1.

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

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producing any information or item on any ground not addressed in

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

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

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covered by this Protective Order.

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C.

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

Filing Protected Material

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1.

A Party that seeks to file under seal any Protected Material

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

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

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sealing of the specific Protected Material at issue. If a Party's request

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

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Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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XIV. FINAL DISPOSITION

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A.

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

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

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

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

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

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

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

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

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

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

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

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or capturing any of the Protected Material. Notwithstanding this provision,

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Counsel are entitled to retain an archival copy of all pleadings, motion

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

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

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

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contain Protected Material.

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constitute Protected Material remain subject to this Protective Order as set

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forth in Section V.

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B.

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appropriate measures including, without limitation, contempt proceedings

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and/or monetary sanctions.

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///

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///

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

Any such archival copies that contain or

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

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I,

[print or type full name], of

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

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

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issue by the United States District Court for the Central District of California on

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________________ in the case of Jennifer Perez Martinez aka Jennifer Perez And

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Edgar Luna Ayaviri v. American Honda Motor Co., Inc.., Case No. 8:22-CV-

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02106FWS(KESx). I agree to comply with and to be bound by all the terms of

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this Stipulated Protective Order and I understand and acknowledge that failure to

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so comply could expose me to sanctions and punishment in the nature of

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contempt.

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

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

I solemnly promise that I will not disclose in any manner any

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

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

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of this Stipulated Protective Order, even if such enforcement proceedings occur

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after termination of this action. I hereby appoint

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or type full name] of

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

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

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Protective Order.

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Date:

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City and State where sworn and signed:

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Printed Name:

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Signature:

[print
[print or type full address and

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