Scott-George v. PVH Corporation

Filing 32

AMENDED STIPULATED PROTECTIVE ORDER AND ORDER signed by Magistrate Judge Dale A. Drozd on 8/9/13. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 HOGAN LOVELLS US LLP Dean Hansell (Bar No. 93831) Asheley G. Dean (Bar No. 245504) Rachel Patta (Bar No. 273968) 1999 Avenue of the Stars, Suite 1400 Los Angeles, California 90067 Telephone: (310) 785-4600 Facsimile: (310) 785-4601 dean.hansell@hoganlovells.com asheley.dean@hoganlovells.com rachel.patta@hoganlovells.com Attorneys for Defendant PVH Corporation 18 AEQUITAS LAW GROUP Ronald H. Bae (Bar No. 186826) Joseph Cho (Bar No. 198844) Autumn E. Love (Bar No. 274209) 500 S. Grand Avenue, Suite 1310 Los Angeles, California 90071 Telephone: (213) 223-7144 Facsimile: (213) 223-7098 rbae@aequitaslawgroup.com jcho@aequitaslawgroup.com alove@aequitaslawgroup.com 19 Attorneys for Plaintiff Jodi Scott-George 11 12 13 14 15 16 17 20 21 UNITED STATES DISTRICT COURT 22 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 23 24 25 Jodi Scott-George, individually and on behalf of other members of the general public similarly situated, 26 Plaintiff, Case No. 2:13-cv-0441-TLN-DAD AMENDED STIPULATED PROTECTIVE ORDER AND ORDER 27 28 H OGAN L OVEL LS US LLP AMENDED STIPULATION AND PROTECTIVE ORDER ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 1 2 3 F.R.C.P. 26(c); L.R. 141.1 v. PVH Corporation, et al., a Delaware Corporation, 4 Defendant. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H OGAN L OVEL LS US LLP -2- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000005 - 1051233 v2 \\LA - 039936/000005 - 1059288 v1 STIPULATION AND PROTECTIVE ORDER 1 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and Local 2 Rule 141.1, Plaintiff Jodi-Scott-George (“Plaintiff”) and Defendant PVH Corp. 3 (“Defendant”), through their counsel of record, jointly submit for the Court’s 4 approval this Amended Stipulated Protective Order to govern the handling of 5 information and materials produced in the course of discovery or filed with the 6 Court in this action. 7 GOOD CAUSE STATEMENT 8 9 10 It is the intent of the parties and the Court that information not be designated 11 as confidential solely for tactical reasons in this case and that nothing be so 12 designated without a good faith belief that there is good cause why it should not be 13 part of the public record of this case. That intention notwithstanding, the parties 14 anticipate that trade secrets, or confidential, personal or proprietary information, or 15 other information of a sensitive nature that is not generally known or readily 16 accessible to the general public belonging to the parties or third persons will be 17 produced or exchanged during the pendency of the above-captioned litigation. This 18 confidential, private or proprietary information needs protection so that it is not 19 publicly disclosed to the detriment of its owners. Examples of confidential, 20 personal or proprietary information that the parties may seek to protect from 21 unrestricted or unprotected disclosure include: 22 (a) agreement or obligation; 23 24 (b) Information related to internal operations and policies, including personnel information; 25 26 Information that is the subject of a non-disclosure or confidentiality (c) Trade secrets (as defined by the California Uniform Trade Secrets Act 27 or by the law of the jurisdiction in which the information is located), or 28 other confidential research, development or commercial information, H OGAN L OVEL LS US LLP AMENDED STIPULATION AND PROTECTIVE ORDER ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 1 or information of a sensitive nature that is not generally known or 2 readily accessible to the general public; and 3 (d) 4 Unrestricted or unprotected disclosure of such confidential, private or 5 proprietary information would result in prejudice or harm to the producing party by 6 revealing the producing party’s competitive confidential information, which has 7 been developed at the expense of the producing party and which represents valuable 8 tangible and intangible assets of that party. Additionally, privacy interests must be 9 safeguarded. 10 11 12 13 14 Personal identification information. Accordingly, the parties respectfully submit that there is good cause for the entry of this Protective Order. The parties agree, subject to the Court’s approval, that the following terms and conditions shall apply to this civil action. 1. This Protective Order shall govern the production and handling of 15 documents, data, communications, electronically stored information and 16 documentation associated therewith, answers or responses to interrogatories, 17 requests for documents, requests for admissions, testimony at depositions, 18 associated transcripts and exhibits, pleadings and associated exhibits, other 19 discovery taken pursuant to the Federal Rules of Civil Procedure, and all 20 information and documents, regardless of media, exchanged between the parties, or 21 produced by any third party, whether voluntarily, in response to discovery requests 22 or subpoenas, or otherwise and irrespective of whether the production, answers to 23 written discovery, pleadings or discovery were conducted before or after entry of 24 this Protective Order. 25 2. “Confidential Information” shall mean and collectively refer to 26 information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 27 pursuant to the terms of this Protective Order. The designation 28 “CONFIDENTIAL” shall be limited to information, regardless of the form in which H OGAN L OVEL LS US LLP -2- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 such information is disclosed, that any disclosing party, including any non-party to 2 this action, in good faith, believes to contain (a) proprietary or commercially 3 sensitive information; (b) information that is the subject of a non-disclosure or 4 confidentiality agreement or obligation; (c) current or past (to the extent they reflect 5 on current) methods, procedures and processes relating to the disclosing party’s 6 respective business practices and internal operations and policies; and (d) 7 information, including but not limited to financial information, that should 8 otherwise be subject to confidential treatment. The designation 9 “CONFIDENTIAL” does not include information or materials available to the 10 public through means other than disclosure by parties or non-parties in violation of 11 this Protective Order. 12 13 14 3. Information to be treated under this Protective Order as Confidential Information shall include: (a) information furnished voluntarily or set forth in response to 15 discovery requests, provided that the information or responses are plainly marked 16 or otherwise identified by the producing party as “CONFIDENTIAL” or “HIGHLY 17 CONFIDENTIAL,” including Confidential Information retroactively designated as 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information as permitted by 19 Sections 19 through 22 of this Protective Order; 20 (b) information derived from or set forth in documents made 21 available for inspection by the producing party voluntarily or under Rules 26, 33, 22 34 or 36 of the Federal Rules of Civil Procedure, or pursuant to subpoena, and that 23 are identified, at the time of inspection, as comprising Confidential Information; 24 (c) information derived from or set forth in any copies of 25 documents produced to the discovering party, voluntarily or under Rules 26, 33, 34 26 or 36 of the Federal Rules of Civil Procedure, provided that the copies are marked 27 by the producing party, preferably at the lower edge of each page, as 28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, including Confidential H OGAN L OVEL LS US LLP -3- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 Information retroactively designated as “CONFIDENTIAL” or “HIGHLY 2 CONFIDENTIAL” information as permitted by Sections 19 through 22 of this 3 Protective Order; (d) 4 information revealed by inspection of things or premises, 5 voluntarily or under Rule 34 of the Federal Rules of Civil Procedure provided that, 6 prior to the inspection, the party permitting inspection states in writing that its 7 Confidential Information will be disclosed by the inspection and specifies, in 8 writing, the general nature, categories, or parts of the things, or those general areas 9 of the premises, in which its Confidential Information will be revealed; (e) 10 information revealed during depositions upon oral examination 11 under Rule 30 of the Federal Rules of Civil Procedure or pursuant to subpoena, 12 except that the information revealed during any particular deposition shall cease to 13 be Confidential Information thirty (30) days after the deposition transcript becomes 14 available, unless before the thirty (30) day period has expired, the witness, his 15 employer or his counsel designates either on the record or in writing that 16 Confidential Information of the witness, or his employer, which is set forth in the 17 transcript, or identifies either on the record or in writing the portions of the 18 transcript that set forth that Confidential Information. In the case of non-party 19 witnesses, either a party or the non-party witness may designate information 20 revealed as Confidential Information within thirty (30) days after the deposition 21 transcript becomes available. Information contained in deposition transcripts that 22 became available before the date of entry of this Protective Order may be 23 designated as Confidential Information within thirty (30) days after entry of this 24 Protective Order; and (f) 25 26 27 28 any summary, digest, analysis or comment on any information identified in categories (a) - (e). 4. Information designated as “CONFIDENTIAL” may be disclosed only to the following persons: H OGAN L OVEL LS US LLP -4- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER (a) 1 2 a party, or officer, or current employee of a party, who has executed a Certification attached hereto as Exhibit A; 3 (b) in-house counsel of a named party; 4 (c) outside counsel representing a named party, including all 5 paralegal assistants, and stenographic and clerical employees working under the 6 supervision of such counsel; 7 (d) court reporters, videographers, interpreters, translators, copy 8 services, graphic support services, document imaging services and database/coding 9 services retained by counsel to assist with this action; (e) 10 actual or potential experts or consultants who are retained by 11 any attorney described in Paragraphs 4(b) or (c) to assist with this action, and who 12 execute a Certification attached hereto as Exhibit A; (f) 13 a person who prepared, received or reviewed the 14 “CONFIDENTIAL” information prior to its production in the above-captioned 15 action; 16 (g) during depositions and preparation for depositions, a deposition 17 witness who is a current or former employee of the party that produced the 18 applicable document(s), or who appears, based upon the document itself or 19 testimony in a deposition, to have knowledge of the contents of the document 20 designated “CONFIDENTIAL”, or the specific events, transactions, discussions or 21 date reflected in the document, provided such witness executes a Certification 22 attached hereto as Exhibit A; 23 (h) Non-party witnesses or persons to be interviewed in the 24 investigation of the above-captioned matter, to the extent deemed reasonably 25 necessary by counsel to aid in the prosecution, defense or settlement of the above- 26 captioned matter, and provided such witnesses or persons execute a Certification 27 attached hereto as Exhibit A; 28 (i) H OGAN L OVEL LS US LLP any private mediators used in this action; and -5- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER (j) 1 2 3 the Court, and any Special Masters and/or Mediators appointed by the Court. 5. The designation “HIGHLY CONFIDENTIAL” shall be limited to 4 information, regardless of the form in which such information is disclosed, that any 5 disclosing party, including non-parties to this action, in good faith, believes to 6 contain (a) non-public, personal or other Confidential Information relating to or 7 concerning current and/or former employees of any party, including personal 8 identification information; (b) trade secrets (as defined by the California Uniform 9 Trade Secrets Act or by the law of the jurisdiction in which the information is 10 located), or other confidential research, development or commercial information, or 11 information of a sensitive nature that is not generally known or readily accessible to 12 the general public; (c) other “CONFIDENTIAL” information (as defined in 13 Paragraph 2), the disclosure of which is likely to cause competitive or commercial 14 injury to the disclosing party; (d) financial, technological, operational, sales, 15 marketing, pricing and/or other proprietary information relating to any party’s 16 business that is not publicly available or known and that would be of benefit to a 17 competitor of the disclosing party; and (e) such other information, documents 18 and/or data within any party’s possession, custody or control as to which the 19 disclosing party believes that it has a legal obligation to protect its confidentiality. 20 21 6. Information designated “HIGHLY CONFIDENTIAL” may be disclosed only to the following persons: (a) outside counsel of record, including all paralegal assistants, and 22 23 stenographic and clerical employees working under the supervision of such 24 counsel; 25 (b) court reporters, videographers, translators, copy services, 26 graphic support services, document imaging services and database/coding services 27 retained by counsel to assist with this action; 28 H OGAN L OVEL LS US LLP -6- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 (c) potential or actual experts or consultants who (i) are retained by 2 any attorney described in Paragraphs 4(b) and (c) to assist with this matter, and (ii) 3 who execute a Certification attached hereto as Exhibit A; (d) a person who prepared, received or reviewed the “HIGHLY 4 5 CONFIDENTIAL” information prior to its production in the above-captioned 6 matter, with respect to such information only; (e) during depositions and preparation for depositions, a deposition 7 8 witness who is a current or former employee of the party that produced the 9 applicable document(s) or who appears, based upon the document itself or 10 testimony in a deposition, to have knowledge of the contents of the document 11 designated “HIGHLY CONFIDENTIAL” or specific events, transactions, 12 discussions or date reflected in the document, provided such witness executes a 13 Certification attached hereto as Exhibit A; 14 (f) any private mediators utilized in this action; 15 (g) the Court, and any Special Masters and/or Mediators appointed 16 17 by the Court. 7. All information designated “CONFIDENTIAL” or “HIGHLY 18 CONFIDENTIAL” in accordance with the terms of this Protective Order and 19 disclosed, produced or exchanged in the course of this action shall be used or 20 disclosed solely for the purpose of this action, and in accordance with the 21 provisions of this Protective Order. Such “CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL” information shall not be used for any business purpose, or in 23 any other litigation or proceeding, or for any other purpose, except as authorized by 24 order of this court. The foregoing notwithstanding, this Protective Order has no 25 effect on, and shall not extend to, any party’s use of its own Confidential 26 Information. 27 28 8. If a party receiving Confidential Information, including, without limitation, its employees, agents or consultants, is compelled to disclose any of a H OGAN L OVEL LS US LLP -7- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 disclosing party’s “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 2 information pursuant to applicable law, rule, regulation, court order or subpoena 3 (each a “Requirement”), the receiving party shall promptly notify the disclosing 4 party of any such Requirement, and shall cooperate with the disclosing party to 5 obtain a protective order or other appropriate arrangement pursuant to which the 6 confidentiality of the disclosing party’s “CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL” information is preserved. Provided that the 8 producing/disclosing party makes a timely motion or other application for relief 9 from the Requirement in the appropriate forum, the person or party subject to the 10 subpoena, or other request, shall not produce or disclose the requested information 11 without the consent of the disclosing/producing party, or until ordered to do so by a 12 court of competent jurisdiction. If such an order or arrangement is not obtained, the 13 receiving party shall disclose only that portion of the disclosing party’s 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information as is required 15 pursuant to such Requirement. Any such required disclosure shall not change the 16 status of the disclosed information as the disclosing party’s “CONFIDENTIAL” or 17 “HIGHLY CONFIDENTIAL” information under the terms of this Protective Order. 18 9. Counsel shall provide each person to whom they disclose, or give 19 access to, “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, a 20 copy of this Protective Order and shall advise each such person of his or her 21 obligation to comply with the terms of the Protective Order. Each person who has 22 received or been given access to “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL” information pursuant to Paragraphs 4(a), (e), (g) and (h) or 24 Paragraphs 6(c) or (e) shall sign the Certification attached hereto as Exhibit “A.” 25 Persons receiving “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 26 information are prohibited from disclosing it to any person, except in conformance 27 with this Protective Order. The recipient of any “CONFIDENTIAL” or “HIGHLY 28 CONFIDENTIAL” information agrees to subject himself or herself to the H OGAN L OVEL LS US LLP -8- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 jurisdiction of this Court for the purposes of any proceedings relating to the 2 performance of, compliance with or violation of this Protective Order. Counsel 3 shall maintain a file of all executed Certifications pursuant to this Protective Order. 4 10. The recipient of any “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL” information shall maintain such information in a secure and 6 safe area, and shall exercise due and proper care with respect to the storage, 7 custody, use and/or dissemination of such information. 8 9 11. In designating information “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” the producing or testifying party or person, including third 10 parties, will make such designation only as to that information that it, in good faith, 11 believes is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 12 12. All or any part of a document, tangible item, discovery response or 13 pleading disclosed, produced or filed by any party or person in the above-captioned 14 matter may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 15 information by the producing or disclosing party or person by marking the 16 appropriate legend on the face of the document and each page so designated. With 17 respect to tangible items, the appropriate legend shall be marked on the face of the 18 tangible item, if practicable, or by written notice at the time of disclosure, 19 production or filing to the party to which disclosure is made that such tangible item 20 is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Electronically stored 21 information produced in a format that does not permit the disclosing party to affix 22 an appropriate confidentiality legend to each piece of data shall have the 23 appropriate confidentiality designation made in a transmittal letter that accompanies 24 the production of such material and, to the extent practical, the disclosing party 25 shall affix an appropriate legend on the media on which such data is produced. 26 13. Deposition testimony and exhibits (or portions thereof) of any witness 27 that have been designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 28 shall be labeled as follows: If any portion of a videotaped deposition is so H OGAN L OVEL LS US LLP -9- ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 designated, the videocassette, other videotape, CD ROM, DVD or other container 2 shall be labeled with the appropriate legend. For testimony or exhibits designated 3 as Confidential Information after receipt of the deposition transcript, the deponent, 4 his/her counsel or any other designating party shall serve on all counsel a list of the 5 page and line numbers of the deposition transcript containing “CONFIDENTIAL” 6 or “HIGHLY CONFIDENTIAL” information. A party may reasonably request a 7 shortening of the time period within which a confidentiality designation for a 8 deposition transcript must be made for the purpose of conducting effective 9 discovery, and consent to such a request shall not be unreasonably withheld. In the 10 event of a dispute as to a request for a shortened time period, the parties shall first 11 try to resolve the dispute in good faith on an informal basis. If the dispute cannot 12 be resolved within five (5) business days, the party requesting the shortened time 13 period may request appropriate relief from the Court. The parties agree, subject to 14 Court approval, that such relief sought can be in the form of a telephone conference 15 to be scheduled at the Court’s earliest convenience with the objective of obtaining a 16 prompt resolution of the dispute. 17 14. If a party wishes to file with the Court any documents or pleadings that 18 constitute or contain information designated as “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL” pursuant to this Protective Order, then that party must, prior to 20 filing such documents or pleadings, move the Court for an order sealing such 21 documents or pleadings in compliance with the requirements of Local Rules 140 22 and 141, which are hereby fully incorporated by reference. 23 15. Upon the issuance of an order of the Court sealing documents or 24 pleadings that constitute or contain information designated as “CONFIDENTIAL” 25 or “HIGHLY CONFIDENTIAL” pursuant to this Protective Order, such documents 26 or pleadings shall be submitted to the Clerk in accordance with Local Rules 140(d) 27 and 141(e). 28 H OGAN L OVEL LS US LLP - 10 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 16. At the request of a disclosing party, the Court may limit or restrict any 2 person(s) not permitted access to “CONFIDENTIAL” or “HIGHLY 3 CONFIDENTIAL” information from attending any hearing or deposition at which 4 such information is revealed. 5 17. Nothing in this Order shall be construed in any way as a finding that 6 information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 7 actually is Confidential Information. Any party may object, in writing, to another 8 party’s or a non-party’s designation by specifying the information at issue and the 9 grounds for questioning the designation. A party shall not be obligated to challenge 10 the propriety of a designation at the time made, and a failure to do so shall not 11 preclude any subsequent challenge. In the event that any party to the above- 12 captioned matter disagrees at any time with the designation by the disclosing party, 13 the parties shall try first to resolve said dispute in good faith on an informal basis. 14 If the parties cannot resolve the dispute within fifteen (15) days of service of a 15 written objection to the designation, the objecting party may, pursuant to the 16 requirements set out in Rule 37 of the Federal Rules of Civil Procedure, file a 17 motion with the Court regarding the dispute. Alternatively, the party that 18 designated the information may file a motion for a protective order within fifteen 19 (15) days after the parties’ informal attempts at resolution have concluded. Any 20 Confidential Information, the designation of which is subject to such dispute, shall 21 be treated as Confidential Information unless and until further order of the Court. 22 The person asserting the confidentiality of any such Confidential Information shall 23 bear the burden of establishing that the Confidential Information is entitled to be 24 classified as designated. 25 18. Nothing herein shall be construed to be an admission of relevance or to 26 affect, in any way, the admissibility of any documents, testimony or other evidence 27 in the above-captioned matter. This Protective Order is without prejudice to the 28 H OGAN L OVEL LS US LLP - 11 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 right of any party to bring before the Court at any time the question of whether any 2 particular information is or is not discoverable or admissible. 3 19. Nothing in this Protective Order shall bar or otherwise restrict any 4 attorney from advising his or her clients with respect to the above-captioned matter 5 and in the course thereof, referring to or relying upon the attorney’s examination of 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information so long as the 7 attorney does not disclose “HIGHLY CONFIDENTIAL” information or its 8 contents in the course of such advice – except as and to the extent permitted by this 9 Protective Order. 10 20. The inadvertent or mistaken disclosure by a disclosing party of 11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information that is 12 unmarked or incorrectly designated shall not constitute a waiver of any claim of 13 confidentiality where: (a) the disclosing party notifies a receiving party in writing 14 of such inadvertent or mistaken disclosure within ten (10) business days of 15 becoming aware of such disclosure, and (b) within thirty (30) days of such notice, 16 the disclosing party provides properly re-designated documents to the receiving 17 party. During the thirty (30)-day period after notice, the materials shall be treated 18 as designated in the disclosing party’s notice. Upon receipt of properly re- 19 designated documents, the receiving party shall return all unmarked or incorrectly 20 designated documents and other materials to the disclosing party within five (5) 21 business days, including any copies thereof. The receiving party shall not retain 22 originals or copies of unmarked or incorrectly designated materials and shall treat 23 information contained in said documents and materials and any summaries or notes 24 thereof as appropriately marked pursuant to the disclosing party’s notice. All such 25 unmarked or incorrectly designated information that is maintained or reflected in 26 computer databases, backup tapes, or any other electronic form shall be erased by 27 the receiving party in a manner that renders the information irretrievable by the 28 receiving party and any other person or entity. H OGAN L OVEL LS US LLP - 12 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 21. Should any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 2 information be disclosed, through inadvertence or otherwise, by a receiving party to 3 any person or party not authorized to receive it under this Protective Order, then the 4 receiving party shall: (a) 5 use its best efforts to obtain the return of any such 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, and to bind 7 such person or party to the terms of this Protective Order; (b) 8 9 immediately upon the discovery of such disclosure, but no later than one (1) day therefrom, inform such person who received such information of 10 all provisions of this Protective Order and identify such person or party to the 11 disclosing party; and (c) 12 request that such person or party sign the Certification attached 13 hereto as Exhibit A. The executed Certification shall be served upon counsel for 14 the disclosing party within ten (10) business days of its execution by the party to 15 whom the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information was 16 inadvertently disclosed. Nothing in this Paragraph is intended to limit the remedies 17 that the disclosing party may pursue for breach of this Protective Order. 18 22. Federal Rule of Evidence 502 applies to this Protective Order. The 19 inadvertent or erroneous disclosure and/or production of documents claimed to be 20 subject to either the attorney-client privilege or work product doctrine does not 21 waive the applicability of such privilege or doctrine, either generally or relative to 22 the inadvertently or erroneously disclosed and/or produced documents. If any such 23 documents are inadvertently or erroneously disclosed to the receiving party by the 24 producing party, and the requirements of Federal Rule of Evidence 502(b) have 25 been satisfied, the producing party may request that the receiving party return such 26 documents to the producing party, and the receiving party must immediately 27 comply by, to the extent reasonably practicable and consistent with the technology 28 used by the producing party to produce the documents, returning such documents H OGAN L OVEL LS US LLP - 13 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 and destroying any copies, notes or memoranda concerning the privileged 2 information. If, however, the receiving party disagrees with the claim that the 3 documents were inadvertently or erroneously produced, with the claim of privilege 4 or work-product protection, or with the claim that otherwise privileged or work- 5 product documents are entitled to privilege or protection, as to each allegedly 6 inadvertently or erroneously disclosed and/or produced document, the receiving 7 party may object to the return of the document by giving written notice to the party 8 claiming the privilege and inadvertent production. The written notice shall identify 9 the document to which the objection is made. If the parties cannot resolve the 10 objection within ten (10) business days after the time the notice is received, it shall 11 be the obligation of the party claiming the privilege, protection or inadvertent / 12 erroneous production to file an appropriate motion requesting that the Court 13 determine the validity of the privilege, protection or inadvertent / erroneous 14 production claim within five (5) court days after the expiration of the ten (10) day 15 meet and confer period. If the party claiming the privilege, protection or 16 inadvertent / erroneous production fails to file such a motion within the prescribed 17 time, the receiving party may retain the disputed document, which shall not 18 thereafter be treated as privileged or protected. In connection with a motion filed 19 under this provision, the party claiming the privilege, protection or inadvertent / 20 erroneous production shall bear the burden of establishing that good cause exists for 21 the disputed document to be treated as privileged or protected and inadvertently or 22 erroneously produced. The parties agree that steps taken by a producing party to 23 prevent any inadvertent or erroneous disclosure shall not be grounds to claim that 24 such disclosure creates a waiver of privilege. The parties further agree that any 25 delay in the discovery of inadvertently or erroneously disclosed privileged 26 information by the producing party shall not be grounds to claim that the privilege 27 is waived. The disputed document shall be treated as privileged or protected and 28 inadvertently or erroneously produced until either the Court rules on the motion H OGAN L OVEL LS US LLP - 14 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 filed under this provision, or the time for filing such a motion has expired. The 2 parties acknowledge that issues of privilege may also arise under foreign law and/or 3 may be litigated in the foreign proceedings. Nothing in this agreement is intended 4 to affect any party's right to claim privilege or work product protection in the 5 foreign proceedings, or any counter argument or argument of waiver in respect of 6 any such claim. 7 23. If, in connection with the above-captioned matter, a party discloses 8 information subject to a claim of attorney-client privilege or attorney work product 9 protection (“'Disclosed Protected Information”), the disclosure of the Disclosed 10 Protected Information shall not constitute or be deemed a waiver or forfeiture of 11 any claim of privilege or work product protection that the disclosing party would 12 otherwise be entitled to assert with respect to the Disclosed Protected Information 13 and its subject matter. A disclosing party may assert in writing attorney-client 14 privilege or work product protection with respect to Disclosed Protected 15 Information. The receiving party shall, within five business days of receipt of that 16 writing, return or destroy all copies of the Disclosed Protected Information and 17 provide a certification of counsel that all such Disclosed Protected Information has 18 been returned or destroyed. Within five business days of the notification that such 19 Disclosed Protected Information has been returned or destroyed, the disclosing 20 party shall produce a privilege log with respect to the Disclosed Protected 21 Information. The receiving party then may move the Court for an Order 22 compelling production of the Disclosed Protected Information (a “Privilege 23 Motion”) and shall not assert as a ground for entering such an Order the fact or 24 circumstances of the inadvertent production. The moving party, however, shall first 25 request, pursuant to Local Rule 141, the Court to order that the Privilege Motion be 26 filed under seal. The disclosing party retains the burden of establishing privileged 27 or protected nature of any Disclosed Protected Information. Nothing in this 28 paragraph shall limit the right of any party to petition the Court for an in camera H OGAN L OVEL LS US LLP - 15 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 review of the Disclosed Protected Information. If, at trial, at a hearing, at a 2 deposition or on a motion, a disclosing party marks for identification or offers into 3 evidence Disclosed Protected Information — or proffers or elicits testimonial or 4 other evidence that incorporates or relies on Disclosed Protected Information, 5 including evidence within Federal Rule of Evidence 703 — that act shall be deemed 6 to effect a waiver and forfeiture by the disclosing party of attorney-client privilege 7 and work product protection that would otherwise apply to undisclosed information 8 concerning the same subject matter, within Federal Rule of Evidence 502(a). The 9 preceding sentence shall not apply to (i) proceedings to determine whether the 10 Disclosed Protected Information is privileged or protected or subject to discovery or 11 disclosure, or (ii) Disclosed Protected Information that is marked for identification, 12 offered into evidence or incorporated in evidence proffered or elicited by an 13 adverse party, or relied on by a witness proffered by an adverse party. The parties 14 expressly agree, in order to save the significant expense and burden of pre- 15 production privilege review, that a party may produce its information, including 16 without limitation hard copy and electronic documents and electronic data without 17 first reviewing such materials for work product or attorney client privilege and that 18 such a production will not in any manner constitute a waiver of privilege or work 19 product protections. 20 24. A disclosing person or entity who is not a party in the above-captioned 21 matter may invoke and take advantage of and thereupon shall be entitled to the 22 protections afforded herein by signing a copy of this Protective Order and serving 23 same on all counsel of record. Thereafter, a disclosing person or entity may 24 designate as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” testimony, 25 information, documents or things that such disclosing person or entity has produced 26 or provided in the above-captioned matter. Any non-party electing to invoke and 27 take advantage of the provisions of this Protective Order by doing so irrevocably 28 H OGAN L OVEL LS US LLP - 16 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 consents to the personal jurisdiction of this Court to exclusively adjudicate any 2 dispute arising under or in connection with this Protective Order. 3 25. The parties agree that after final termination of this action, including 4 the resolution of all appellate proceedings, outside counsel for each named party 5 may each retain one copy of deposition transcripts and exhibits, court transcripts 6 and exhibits, and documents and other materials submitted to the Court. Such 7 materials shall continue to be treated as designated under this Protective Order. 8 Nothing herein shall require the return or destruction of attorney work product. 9 26. The parties agree that within sixty (60) days after the final termination 10 of the above-captioned matter, each party that has received, and counsel for all 11 parties (including their paralegals, assistants, and stenographic and clerical 12 employees) who have received, and experts and consultants, potential or actual, for 13 all parties who have received “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL” information shall either (a) return all “CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL” information in his/her possession, custody or control 16 or in the custody of any authorized agents, outside experts and consultants retained 17 or utilized by counsel for the receiving party to counsel for the party who has 18 provided such “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information; 19 or (b) certify destruction thereof to the disclosing party’s counsel. All 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information maintained in or 21 reflected in computer databases, backup tapes, or any other electronic form shall be 22 erased by the receiving party in a manner that renders all such information 23 irretrievable by the receiving party and any other person or entity. 24 27. The Court and its personnel are not obligated to destroy or return 25 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, or other 26 information or documents that are filed under seal. Further, the Court and its 27 personnel are not obligated to destroy or return materials subject to the attorney- 28 H OGAN L OVEL LS US LLP - 17 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 client privilege and/or work product protection filed under seal. Court personnel 2 who receive such information are not required to sign this Protective Order. 28. 3 Nothing in this Protective Order shall allow non-testifying experts and 4 consultants to be deposed or otherwise be the subject of discovery other than as 5 provided under the Federal Rules of Civil Procedure. 29. 6 Nothing in this Protective Order shall prevent any party from applying 7 to the Court for relief therefrom, or from applying to the Court for further or 8 additional protective orders or for a modification of this Protective Order. 30. 9 The prevailing party in any action arising out of an alleged violation of 10 the terms of this Protective Order may seek attorneys’ fees and costs incurred in 11 connection with such action. 12 STIPULATION 13 IT IS HEREBY STIPULATED by and among the parties, through their 14 respective counsel, this Honorable Court consenting, that the foregoing Amended 15 Stipulated Protective Order may be entered in this action. 16 17 18 HOGAN LOVELLS US LLP Dated: August 8, 2013 19 By: /s/ Dean Hansell Dean Hansell Asheley Dean Rachel Patta Attorneys for Defendant PVH CORPORATION 20 21 22 23 24 25 ///// 26 ///// 27 ///// 28 ///// H OGAN L OVEL LS US LLP - 18 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 2 Dated: August 8, 2013 AEQUITAS LAW GROUP, APLC 3 By: /s/ Ronald H. Bae (with authorization) Ronald H. Bae Autumn E. Love Attorneys for Plaintiff JODI SCOTT-GEORGE 4 5 6 7 8 9 IT IS SO ORDERED. Dated: August 9, 2013 10 11 12 13 14 15 16 17 18 19 Ddad1\orders.civil\george0441.stip.prot.ord.docx 20 21 22 23 24 25 26 27 28 H OGAN L OVEL LS US LLP - 19 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H OGAN L OVEL LS US LLP - 20 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H OGAN L OVEL LS US LLP - 21 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 HOGAN LOVELLS US LLP Dean Hansell (Bar No. 93831) Asheley G. Dean (Bar No. 245504) Rachel Patta (Bar No. 273968) 1999 Avenue of the Stars, Suite 1400 Los Angeles, California 90067 Telephone: (310) 785-4600 Facsimile: (310) 785-4601 dean.hansell@hoganlovells.com asheley.dean@hoganlovells.com rachel.patta@hoganlovells.com Attorneys for Defendant PVH Corporation 18 AEQUITAS LAW GROUP Ronald H. Bae (Bar No. 186826) Joseph Cho (Bar No. 198844) Autumn E. Love (Bar No. 274209) 500 S. Grand Avenue, Suite 1310 Los Angeles, California 90071 Telephone: (213) 223-7144 Facsimile: (213) 223-7098 rbae@aequitaslawgroup.com jcho@aequitaslawgroup.com alove@aequitaslawgroup.com 19 Attorneys for Plaintiff Jodi Scott-George 11 12 13 14 15 16 17 20 21 UNITED STATES DISTRICT COURT 22 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 23 24 25 Jodi Scott-George, individually and on behalf of other members of the general public similarly situated, 26 Plaintiff, Case No. 2:13-cv-0441-TLN-DAD ACKNOWLEDGEMENT OF AMENDED STIPULATED PROTECTIVE ORDER 27 28 H OGAN L OVEL LS US LLP - 22 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER 1 2 3 v. PVH Corporation, et al., a Delaware Corporation, 4 5 Defendant. 6 7 8 9 10 By my signature, I hereby acknowledge that I have read the Amended 11 Stipulated Protective Order, dated _________, 2013 (the “Protective Order”) 12 entered in Jodi Scott-George, individually and on behalf of other members of the 13 general public similarly situated v. PVH Corporation pending in the United States 14 District Court for the Eastern District of California and hereby agree to abide by the 15 obligations and terms thereof. I further agree that to the extent that my employees 16 are provided with “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 17 Designated Materials, I will instruct such employees regarding the terms of the 18 Protective Order. I further agree to subject myself to the jurisdiction of the United 19 States District Court for the Eastern District of California with respect to all matters 20 relating to compliance with the Protective Order. 21 22 Dated: _____________________ 23 ______________________________ (Signature) 24 ______________________________ (Print Name) 25 26 27 28 H OGAN L OVEL LS US LLP - 23 - ATTO RNEY S AT LAW LOS A NG EL ES \\LA - 039936/000005 - 1059288 v1 AMENDED STIPULATION AND PROTECTIVE ORDER

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