Rodriguez v. Dollar Tree Distribution, Inc.

Filing 11

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 05/06/22. (Benson, A.)

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CAMILO ECHAVARRIA (State Bar No. 192481)
[e-mail]
MARIA D. RIVERA (State Bar No. 313078)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, 24th Floor
Los Angeles, California 90017-2566
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
DOLLAR TREE DISTRIBUTION, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRED RODRIGUEZ,

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No. 2:21-cv-1742 TLN DB
Plaintiff,

vs.
DOLLAR TREE DISTRIBUTION, INC.,

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Defendant.

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STIPULATION AND PROTECTIVE ORDER
Case No. 2:21-CV-01742-TLN-DB
4876-9471-6441v.5 0068366-000080

STIPULATION AND PROTECTIVE
ORDER – CONFIDENTIAL
DESIGNATION ONLY

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IT IS HEREBY STIPULATED by and between the parties to Fred Rodriguez v. Dollar

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Tree Distribution, Inc., Case No. 2:21-cv-01742-TLN-DB (the “Parties”), by and through their

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respective counsel of record, that in order to facilitate the exchange of information and documents

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which may be subject to confidentiality limitations on disclosure due to federal laws, state laws,

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and privacy rights, the Parties stipulate as follows:

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1.

In this Stipulation and Protective Order, the words set forth below shall have the

following meanings:
a.

“Proceeding” means Fred Rodriguez v. Dollar Tree Distribution, Inc., Case

No. Case No. 2:21-cv-01742-TLN-DB
b.

“Judge” means Hon. Troy L. Nunley, or any other judge to which this

Proceeding may be assigned, including staff participating in such proceedings.
c.

“Confidential” means any information which is in the possession of a

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Designating Party who believes in good faith that such information is entitled to confidential

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treatment under applicable law.

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d.

“Confidential Material” or “Protected Material” means any Documents,

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Testimony or Information as defined below designated as “Confidential” pursuant to the provisions

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of this Stipulation and Protective Order.

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e.

“Designating Party” means the Party that designates Materials as

“Confidential.”
f.

“Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or

make available Materials, or any part thereof, or any information contained therein.
g.

“Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those

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terms are defined by California Evidence Code Sections 250, 255, and 260, which have been

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produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or

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summaries of all or any part of the foregoing.

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h.

“Information” means the content of Documents or Testimony.

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i.

“Testimony” means all depositions, declarations or other testimony taken or

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used in this Proceeding.
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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2.

The Designating Party shall have the right to designate as “Confidential” any

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Documents, Testimony or Information that the Designating Party in good faith believes to contain

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non-public information that is entitled to confidential treatment under applicable law.

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3.

The entry of this Stipulation and Protective Order does not alter, waive, modify, or

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abridge any right, privilege or protection otherwise available to any Party with respect to the

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discovery of matters, including but not limited to any Party’s right to assert the attorney-client

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privilege, the attorney work product doctrine, or other privileges, or any Party’s right to contest any

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such assertion.

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4.

Documents, Testimony or Information to be designated as “Confidential” must be

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clearly so designated before the Document, Testimony or Information is Disclosed or produced.

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The parties may agree that the case name and number are to be part of the “Confidential”

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designation. The “Confidential” designation should not obscure or interfere with the legibility of

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the designated Information.

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a.

For Documents (apart from transcripts of depositions or other pretrial or trial

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proceedings), the Designating Party must affix the legend “Confidential” on each page of any

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Document containing such designated Confidential Material.

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b.

For Testimony given in depositions the Designating Party may either:
i.

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identify on the record, before the close of the deposition, all

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“Confidential” Testimony, by specifying all portions of the Testimony that qualify as

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“Confidential”; or

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ii.

Designate the entirety of the Testimony at the deposition as

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“Confidential” (before the deposition is concluded) with the right to identify more specific portions

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of the Testimony as to which protection is sought within 30 days following receipt of the deposition

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transcript. In circumstances where portions of the deposition Testimony are designated for

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protection, the transcript pages containing “Confidential” Information may be separately bound by

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the court reporter, who must affix to the top of each page the legend “Confidential,” as instructed

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by the Designating Party.

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

c.

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For Information produced in some form other than Documents, and for any

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other tangible items, including, without limitation, compact discs or DVDs, the Designating Party

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must affix in a prominent place on the exterior of the container or containers in which the

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Information or item is stored the legend “Confidential.” If only portions of the Information or item

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warrant protection, the Designating Party, to the extent practicable, shall identify the “Confidential”

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portions.

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5.

The inadvertent production by any of the undersigned Parties or non-Parties to the

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Proceedings of any Document, Testimony or Information during discovery in this Proceeding

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without a “Confidential” designation, shall be without prejudice to any claim that such item is

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“Confidential” and such Party shall not be held to have waived any rights by such inadvertent

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production. In the event that any Document, Testimony or Information that is subject to a

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“Confidential” designation is inadvertently produced without such designation, the Party that

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inadvertently produced the document shall give written notice of such inadvertent production

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within twenty (20) days of discovery of the inadvertent production, together with a further copy of

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the subject Document, Testimony or Information designated as “Confidential” (the “Inadvertent

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Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received

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the inadvertently produced Document, Testimony or Information shall promptly destroy the

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inadvertently produced Document, Testimony or Information and all copies thereof, or, at the

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expense of the producing Party, return such together with all copies of such Document, Testimony

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or Information to counsel for the producing Party and shall retain only the “Confidential”

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designated Materials. Should the receiving Party choose to destroy such inadvertently produced

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Document, Testimony or Information, the receiving Party shall notify the producing Party in

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writing of such destruction within ten (10) days of receipt of written notice of the inadvertent

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production. This provision is not intended to apply to any inadvertent production of any

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Information protected by attorney-client or work product privileges. In the event that this provision

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conflicts with any applicable law regarding waiver of confidentiality through the inadvertent

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production of Documents, Testimony or Information, such law shall govern.

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

6.

In the event that counsel for a Party receiving Documents, Testimony, or

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Information in discovery designated as “Confidential” objects to such designation with respect to

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any or all of such items, said counsel shall advise counsel for the Designating Party, in writing, of

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such objections, the specific Documents, Testimony, or Information to which each objection

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pertains, and the specific reasons and support for such objections (the “Designation Objections”).

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Counsel for the Designating Party shall have thirty (30) days from receipt of the written

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Designation Objections to either (a) agree in writing to de-designate Documents, Testimony, or

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Information pursuant to any or all of the Designation Objections and/or (b) file a motion with the

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Court or Arbitrator seeking to uphold any or all designations on Documents, Testimony, or

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Information addressed by the Designation Objections (the “Designation Motion”). Pending a

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resolution of the Designation Motion by the Court or Arbitrator, any and all existing designations

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on the Documents, Testimony, or Information at issue in such Motion shall remain in place. The

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Designating Party shall have the burden on any Designation Motion of establishing the applicability

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of its “Confidential” designation. In the event that the Designation Objections are neither timely

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agreed to nor timely addressed in the Designation Motion, then such Documents, Testimony, or

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Information shall be de-designated in accordance with the Designation Objection applicable to such

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material.

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7.

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Access to and/or Disclosure of Confidential Materials shall be permitted only to the

following persons:

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a.

the Court;

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b.

(1) Attorneys of record in the Proceedings and their affiliated attorneys,

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paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in

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the Proceeding and are not employees of any Party. (2) In-house counsel to the undersigned Parties

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and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that

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each non-lawyer given access to Confidential Materials shall be advised that such Materials are

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being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order

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and that they may not be Disclosed other than pursuant to its terms;

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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c.

those officers, directors, partners, members, employees and agents of all non-

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designating Parties that counsel for such Parties deems necessary to aid counsel in the prosecution

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and defense of this Proceeding; provided, however, that prior to the Disclosure of Confidential

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Materials to any such officer, director, partner, member, employee or agent, counsel for the Party

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making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,

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shall explain that such person is bound to follow the terms of such Order, and shall secure the

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signature of such person on a statement in the form attached hereto as Exhibit A;

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d.

court reporters in this Proceeding (whether at depositions, hearings, or any

other proceeding);
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any deposition, trial or hearing witness in the Proceeding who previously has

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had access to the Confidential Materials, or who is currently or was previously an officer, director,

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partner, member, employee or agent of an entity that has had access to the Confidential Materials;

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f.

any deposition or non-trial hearing witness in the Proceeding who previously

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did not have access to the Confidential Materials; provided, however, that each such witness given

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access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant

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to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be

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Disclosed other than pursuant to its terms;

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g.

mock jury participants, provided, however, that prior to the Disclosure of

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Confidential Materials to any such mock jury participant, counsel for the Party making the

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Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain

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that such person is bound to follow the terms of such Order, and shall secure the signature of such

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person on a statement in the form attached hereto as Exhibit A.

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h.

outside experts or expert consultants consulted by the undersigned Parties or

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their counsel in connection with the Proceeding, whether or not retained to testify at any oral

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hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such

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expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this

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Stipulation and Protective Order to such person, shall explain its terms to such person, and shall

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secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation

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and Protective Order by any such expert or expert consultant, to promptly notify counsel for the

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Designating Party of such breach or threatened breach; and
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any other person that the Designating Party agrees to in writing.

Confidential Materials shall be used by the persons receiving them only for the

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purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or

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defending the Proceeding, and not for any business or other purpose whatsoever.

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9.

Any Party to the Proceeding (or other person subject to the terms of this Stipulation

and Protective Order) may ask the Court, after appropriate notice to the other Parties to the
Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
10.

Entering into, agreeing to, and/or complying with the terms of this Stipulation and

Protective Order shall not:
a.

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operate as an admission by any person that any particular Document,

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Testimony or Information marked “Confidential” contains or reflects trade secrets, proprietary,

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confidential or competitively sensitive business, commercial, financial or personal information; or
b.

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prejudice in any way the right of any Party (or any other person subject to the

terms of this Stipulation and Protective Order):
i.

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to seek a determination by the Court of whether any particular

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Confidential Material should be subject to protection as “Confidential” under the terms of this

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Stipulation and Protective Order; or
ii.

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to seek relief from the Court on appropriate notice to all other Parties

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to the Proceeding from any provision(s) of this Stipulation and Protective Order, either generally or

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as to any particular Document, Material or Information.

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11.

Any Party to the Proceeding who has not executed this Stipulation and Protective

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Order as of the time it is presented to the Court or Arbitrator for signature may thereafter become a

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Party to this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and

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filing the same with the Court, and serving copies of such signed and dated copy upon the other

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Parties to this Stipulation and Protective Order.
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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12.

Any Information that may be produced by a non-Party witness in discovery in the

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Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as

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“Confidential” under the terms of this Stipulation and Protective Order, and any such designation

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by a non-Party shall have the same force and effect, and create the same duties and obligations, as

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if made by one of the undersigned Parties hereto. Any such designation shall also function as

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consent by such producing Party to the authority of the Court in the Proceeding to resolve and

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conclusively determine any motion or other application made by any person or Party with respect to

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such designation, or any other matter otherwise arising under this Stipulation and Protective Order.

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13.

If any person subject to this Stipulation and Protective Order who has custody of any

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Confidential Materials receives a subpoena or other process (“Subpoena”) from any government or

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other person or entity demanding production of Confidential Materials, the recipient of the

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Subpoena shall promptly give notice of the same by electronic mail transmission, followed by

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either express mail or overnight delivery, to counsel of record for the Designating Party, and shall

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furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating

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Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise

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oppose production of the Confidential Materials, and/or seek to obtain confidential treatment of

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such Confidential Materials from the subpoenaing person or entity to the fullest extent available

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under law. The recipient of the Subpoena may not produce any Documents, Testimony or

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Information pursuant to the Subpoena prior to the date specified for production on the Subpoena.

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14.

Nothing in this Stipulation and Protective Order shall be construed to preclude either

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Party from asserting in good faith that certain Confidential Materials require additional protection.

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The Parties shall meet and confer to agree upon the terms of such additional protection.

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15.

If, after execution of this Stipulation and Protective Order, any Confidential

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Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order

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is Disclosed by a non-Designating Party to any person other than in the manner authorized by this

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Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall

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bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate

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attention of the Designating Party.
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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16.

This Stipulation and Protective Order is entered into without prejudice to the right of

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any Party to knowingly waive the applicability of this Stipulation and Protective Order to any

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Confidential Materials designated by that Party. If the Designating Party uses Confidential

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Materials in a non-Confidential manner, then the Designating Party shall advise that the designation

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no longer applies.

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17.

Without written permission from the Designating Party or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record in this action

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any Confidential or Protected Material. A Party that seeks to file under seal any Confidential

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Material must comply with Eastern District of California Local Rule 141. Confidential Material

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

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Confidential Material at issue. If a party’s request to file Confidential Material under seal pursuant

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to Local Rule 141 is denied by the Court, then the party may file the information in the public

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record unless otherwise instructed by the Court.

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18.

The Parties shall meet and confer regarding the procedures for use of Confidential

Materials at trial and shall move the Court for entry of an appropriate order.
19.

Nothing in this Stipulation and Protective Order shall affect the admissibility into

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evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to

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pursue other appropriate judicial action with respect to any ruling made by the Court concerning the

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issue of the status of Protected Material.

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20.

This Stipulation and Protective Order shall continue to be binding after the

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conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except

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that a Party may seek the written permission of the Designating Party or may move the Court or

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Arbitrator for relief from the provisions of this Stipulation and Protective Order. To the extent

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permitted by law, the Court or Arbitrator shall retain jurisdiction to enforce, modify, or reconsider

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this Stipulation and Protective Order, even after the Proceeding is terminated.

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21.

Upon written request made within thirty (30) days after the settlement or other

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termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)

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promptly return to counsel for each Designating Party all Confidential Materials and all copies
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

8

DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

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thereof (except that counsel for each Party may maintain in its files, in continuing compliance with

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the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading

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filed with the Court and one copy of each deposition together with the exhibits marked at the

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deposition), (b) agree with counsel for the Designating Party upon appropriate methods and

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certification of destruction or other disposition of such Confidential Materials, or (c) as to any

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Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a

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motion seeking a Court order regarding proper preservation of such Materials. To the extent

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permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion

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referred to in sub-paragraph (c) herein.
22.

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After this Stipulation and Protective Order has been signed by counsel for all

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Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set

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forth herein with regard to any Confidential Materials that have been produced before the Court

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signs this Stipulation and Protective Order.
23.

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The Parties and all signatories to the Certification attached hereto as Exhibit A agree

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to be bound by this Stipulation and Protective Order pending its approval and entry by the Court.

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In the event that the Court modifies this Stipulation and Protective Order, or in the event that the

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Court enters a different Protective Order, the Parties agree to be bound by this Stipulation and

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Protective Order until such time as the Court may enter such a different Order. It is the Parties’

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intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to

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allow for immediate production of Confidential Materials under the terms herein.

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///

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///
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

This Stipulation and Protective Order may be executed in counterparts.

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IT IS SO STIPULATED.

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DATED: May 6, 2022

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DAVIS WRIGHT TREMAINE LLP
CAMILO ECHAVARRIA
MARIA D. RIVERA

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By:

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/s/ Camilo Echavarria
Camilo Echavarria

Attorneys for Defendant
DOLLAR TREE DISTRIBUTION, INC.

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DATED: May 6, 2022

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MAYALL HURLEY
NICHOLAS F. SCARDIGLI
By:

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/s/ Nicholas F. Scardigli
Nicholas F. Scardigli
Attorney for Plaintiff
FRED RODRIGUEZ

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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IT IS FURTHER ORDERED THAT:

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1. Requests to seal documents shall be made by motion before the same judge who will

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decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential

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pursuant to this order does not automatically entitle the parties to file such a document with the

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court under seal. Parties are advised that any request to seal documents in this district is governed

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by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a

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written order of the court after a specific request to seal has been made. L.R. 141(a). However, a

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mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires

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that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,

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the requested duration, the identity, by name or category, of persons to be permitted access to the

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document, and all relevant information.” L.R. 141(b).
3. A request to seal material must normally meet the high threshold of showing that

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“compelling reasons” support secrecy; however, where the material is, at most, “tangentially

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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana

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v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of

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certain documents, at any court hearing or trial – such determinations will only be made by the

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court at the hearing or trial, or upon an appropriate motion.
5. With respect to motions regarding any disputes concerning this protective order which

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the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule

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251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte

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basis or on shortened time.

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////

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////
STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

1

DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1

6. The parties may not modify the terms of this Protective Order without the court’s

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approval. If the parties agree to a potential modification, they shall submit a stipulation and

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proposed order for the court’s consideration.

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7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of
the terms of this Protective Order after the action is terminated.
8. Any provision in the parties’ stipulation that is in conflict with anything in this order is

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hereby DISAPPROVED.

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DATED: May 6, 2022

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

2

DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST, SUITE 2400
LOS ANGELES, CALIFORNIA 90017-2566
[phone]
Fax: [phone]

1.

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EXHIBIT A

CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
I hereby acknowledge that I, ___________________________________[NAME],

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______________________________________________ [POSITION AND EMPLOYER], am

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about to receive Confidential Materials supplied in connection with the Proceeding, Fred Rodriguez

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v. Dollar Tree Distribution, Inc., Case No. 2:21-CV-01742-TLN-DB. I certify that I understand

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that the Confidential Materials are provided to me subject to the terms and restrictions of the

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Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the

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Stipulation and Protective Order; I have read it, and I agree to be bound by its terms.

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I understand that Confidential Materials, as defined in the Stipulation and Protective Order,

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including any notes or other records that may be made regarding any such materials, shall not be

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Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will

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not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials

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obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the

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Court or Arbitrator in the Proceeding.

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I further understand that I am to retain all copies of all Confidential Materials provided to

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me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my

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personal custody until termination of my participation in this Proceeding, whereupon the copies of

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such Materials will be returned to counsel who provided me with such Materials.

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I declare under penalty of perjury, under the laws of the State of California, that the

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foregoing is true and correct.

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DATED:______________________ BY:

Signature

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Title

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Address

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City, State, Zip

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Telephone

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STIPULATION AND PROTECTIVE ORDER
4876-9471-6441v.5 0068366-000080

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DAVIS WRIGHT TREMAINE LLP

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