Enea v. Mercedes-Benz USA, LLC

Filing 60

ORDER by Judge Haywood S. Gilliam, Jr. Granting 59 Stipulated Protective Order. (ndrS, COURT STAFF) (Filed on 9/5/2019)

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1 2 3 4 5 6 7 8 9 Squire Patton Boggs (US) LLP Troy M. Yoshino (SBN: 197850) troy.yoshino@squirepb.com Eric J. Knapp (SBN: 214352) eric.knapp@squirepb.com Aengus H. Carr (SBN: 240953) aengus.carr@squirepb.com Alfredo W. Amoedo (SBN: 287901) alfredo.amoedo@squirepb.com 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: +1 415 954 0200 Facsimile: +1 415 393 9887 Attorneys for Defendant Mercedes-Benz USA, LLC 275 Battery Street, Suite 2600 UNITED STATES DISTRICT COURT 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Giorgio Enea, an individual, on behalf of himself and all others similarly situated, Plaintiffs, v. Mercedes-Benz USA, LLC, Defendant. Case No. 4:18-cv-02792-HSG STIPULATED PROTECTIVE ORDER AND ORDER 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords from public disclosure 8 and use extends only to the limited information or items that are entitled to confidential treatment 9 under the applicable legal principles. The parties further acknowledge, as set forth in Section 275 Battery Street, Suite 2600 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. 14 2. 15 16 17 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “Confidential” and “Highly Confidential” Discovery Materials: For the purpose of 18 this Protective Order, “Confidential” shall mean all materials and information that the 19 Designating or Producing Party is obligated to keep confidential (e.g. customer information) or 20 that the Designating or Producing Party believes in good faith are not generally known to others, 21 and which the Designating or Producing Party (i) would not normally reveal to third parties 22 except in confidence, or (ii) believes in good faith are protected by a right to privacy or non- 23 disclosure. For the purpose of this Protective Order, “Highly Confidential” means information 24 that the Designating or Producing Party believes in good faith is not generally known to others 25 and contains trade secret or other proprietary financial, technical, competitive, or commercially or 26 personally confidential information within the meaning of Fed. R. Civ. P. 26(c)(1)(G), the 27 unrestricted disclosure of which would create a risk of serious injury or harm to the Designating 28 or Producing Party. -1- 1 2 3 4 5 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the 6 medium or manner in which it is generated, stored, or maintained (including, among other things, 7 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 8 responses to discovery in this matter. 9 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 275 Battery Street, Suite 2600 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 consultant in this action. 12 13 14 15 16 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 17 action but are retained to represent or advise a party to this action and have appeared in this action 18 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 19 20 21 22 23 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 Professional Vendors: persons or entities that provide litigation support services 24 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 25 organizing, storing, or retrieving data in any form or medium) and their employees and 26 subcontractors. 27 28 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “Confidential” or “Highly Confidential.” -2- 1 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 2 Producing Party. 3 3. 4 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 5 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 6 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8 However, the protections conferred by this Stipulation and Order do not cover the following 9 information: (a) any information that is in the public domain at the time of disclosure to a 275 Battery Street, Suite 2600 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 a result of publication not involving a violation of this Order, including becoming part of the 12 public record through trial or otherwise; and (b) any information known to the Receiving Party 13 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 14 obtained the information lawfully and under no obligation of confidentiality to the Designating 15 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 16 4. DURATION 17 Even after final disposition of this litigation, the confidentiality obligations imposed by 18 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 20 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 21 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 22 including the time limits for filing any motions or applications for extension of time pursuant to 23 applicable law. 24 5. 25 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 26 or Non-Party that designates information or items for protection under this Order must take care 27 to limit any such designation to specific material that qualifies under the appropriate standards. 28 The Designating Party must designate for protection only those parts of material, documents, -3- 1 items, or oral or written communications that qualify—so that other portions of the material, 2 documents, items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 5 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 6 unnecessarily encumber or retard the case development process or to impose unnecessary 7 expenses and burdens on other parties) expose the Designating Party to sanctions. 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation. 5.2 Manner and Timing of Designations. The designation of Discovery Material as 12 “Confidential” or “Highly Confidential” for purposes of this Protective Order shall be made in the 13 following manner by any Producing Party: 14 (a) In the case of documents or other materials (apart from depositions or other 15 pretrial testimony): by affixing the legend “Confidential” or “Highly Confidential” to all pages of 16 any document containing Confidential or Highly Confidential Discovery Material, except in the 17 case of multipage documents bound together as produced by staple or other permanent binding 18 such designation need only be made on the first page for the entire document to be treated as 19 Confidential or Highly Confidential Discovery Material. Materials such as videotapes, audio 20 tapes, and electronic media such as computer disks, compact discs, drives, or DVDs, which 21 contain or include Confidential or Highly Confidential Discovery Material, shall be designated by 22 affixing the appropriate legend to the package thereof to the extent information within such 23 materials cannot be reasonably labeled as “Confidential” or “Highly Confidential.” Any such 24 designation shall subject the document, its contents, or any portion thereof, to this Protective 25 Order without any further act on the part of the Producing Party. 26 (b) A Producing Party may also designate documents or other materials as 27 Confidential Discovery Materials after disclosure of such documents or materials by written 28 notice to the receiving Party or Parties. When a Producing Party makes a designation pursuant to -4- 1 this Paragraph, counsel for the receiving Party shall make reasonable efforts to assure the proper 2 treatment of such documents or materials under this Protective Order, which may include, if 3 reasonable under the circumstances, securing the return of such documents, materials, or related 4 information from persons to whom disclosure was made but to whom disclosure would not have 5 been permitted by this Protective Order had the Discovery Materials been so designated prior to 6 disclosure. Provided, however, that no Party shall be deemed to be in violation of this Protective 7 Order by reason of the handling or production of documents or materials initially produced in this 8 action without any confidentiality designation prior to those documents or materials being 9 retroactively designated as Confidential Discovery Materials by the Producing Party. (c) In the case of depositions or other pretrial testimony: (i) by a statement on 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 the record, by counsel, at the time of such disclosure and when possible, by directing the court 12 reporter that the appropriate confidentiality legend be affixed to the first page and all portions of 13 the original and all copies of the transcript containing any Confidential or Highly Confidential 14 Discovery Material; or (ii) by written notice, sent by counsel to all parties within thirty (30) days 15 of receiving a copy of the transcript thereof. This procedure may be modified for any particular 16 deposition through agreement on the record at such deposition or by written agreement of the 17 Parties (and Producing Party), without further order of the Court. All deposition transcripts shall 18 be treated as confidential for thirty (30) business days following receipt of the transcript to allow 19 counsel sufficient opportunity to make such designation. If Confidential or Highly Confidential 20 Discovery Materials are to be used in a deposition, counsel for the Parties will cooperate to ensure 21 that such materials are adequately safeguarded. 22 (d) In the case of personally identifying information or information of a 23 uniquely personal nature, including but not limited to, Social Security Numbers; driver’s license 24 or other identification numbers; personal financial information such as tax information, bank 25 account numbers, and credit card numbers; insurance claim numbers; insurance policy numbers; 26 personal email addresses or other contact information; and any other information protected by 27 data privacy and other rules and regulations, any Producing Party may redact or pseudonymize 28 documents and things it produces that it claims is protected personal information. -5- 1 (e) The Parties reserve the right to redact information in Confidential or 2 Highly Confidential Discovery Materials that is nonresponsive (including but not limited to 3 proprietary financial information and information about products unrelated to this Litigation). 4 The process for challenging redactions shall be the same as the process for challenging the 5 designation of Confidential or Highly Confidential Discovery Materials as set forth herein. 6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 7 designate qualified information or items does not, standing alone, waive the Designating Party’s 8 right to secure protection under this Order for such material. Upon timely correction of a 9 designation, the Receiving Party must make reasonable efforts to assure that the material is 275 Battery Street, Suite 2600 treated in accordance with the provisions of this Order. 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 6. 12 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 13 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 14 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 15 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 16 challenge a confidentiality designation by electing not to mount a challenge promptly after the 17 original designation is disclosed. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 19 process by providing written notice of each designation it is challenging and describing the basis 20 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 21 notice must recite that the challenge to confidentiality is being made in accordance with this 22 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 23 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 24 forms of communication are not sufficient) within 14 days of the date of service of notice. In 25 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 26 designation was not proper and must give the Designating Party an opportunity to review the 27 designated material, to reconsider the circumstances, and, if no change in designation is offered, 28 to explain the basis for the chosen designation. A Challenging Party may proceed to the next -6- 1 stage of the challenge process only if it has engaged in this meet and confer process first or 2 establishes that the Designating Party is unwilling to participate in the meet and confer process in 3 a timely manner. 4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 5 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 6 Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 7 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 8 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 9 competent declaration affirming that the movant has complied with the meet and confer 275 Battery Street, Suite 2600 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 motion including the required declaration within 21 days (or 14 days, if applicable) shall 12 automatically waive the confidentiality designation for each challenged designation. In addition, the 13 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 14 good cause for doing so, including a challenge to the designation of a deposition transcript or any 15 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 16 competent declaration affirming that the movant has complied with the meet and confer 17 requirements imposed by the preceding paragraph. 18 The burden of persuasion in any such challenge proceeding shall be on the Designating 19 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 20 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 21 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 22 file a motion to retain confidentiality as described above, all parties shall continue to afford the 23 material in question the level of protection to which it is entitled under the Producing Party’s 24 designation until the court rules on the challenge. 25 7. 26 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 27 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 28 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to -7- 1 the categories of persons and under the conditions described in this Order. When the litigation has 2 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 3 DISPOSITION). 4 Protected Material must be stored and maintained by a Receiving Party at a location and 5 in a secure manner that ensures that access is limited to the persons authorized under this Order. 6 7 7.2 Disclosure of “Confidential” or “Highly Confidential” Discovery Materials. (a) Confidential: Except as otherwise may be provided in this Protective 8 Order, written consent of a Producing Party or further order of the Court, Discovery Materials 9 designated as “Confidential” shall not be disclosed to any person other than: (1) Counsel retained or employed by the Parties, and their respective 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 employees and administrative support personnel (including those persons and firms engaged in 12 the copying or organization or conversion of documents from or to electronic media) retained by 13 counsel to the extent necessary for the Permitted Purpose; 14 (2) The Parties, and their respective present and former directors, 15 officers, and employees who are involved or have decision-making authority with respect to this 16 Action or the subject matter thereof, to the extent necessary for the Permitted Purpose; 17 18 19 20 21 (3) Experts and consultants retained by counsel for the Parties in connection with this Action to the extent necessary for the Permitted Purpose; (4) Any court reporter, typist or other persons preparing transcripts of testimony, or videographer rendering services in this Action; (5) Any witnesses at deposition and/or trial, provided that such 22 witnesses may not retain copies of Confidential Discovery Material unless permitted by other 23 provisions of this Order; 24 (6) The Court and its employees, including, without limitation, court 25 reporters, employees in the Clerk’s Office, law clerks, and court staff provided that the 26 Confidential Discovery Material is filed in accordance with the terms of this Protective Order and 27 limited to use with respect to the Action; 28 -8- 1 2 3 (7) Any other person only upon order of the Court or upon stipulation of the Producing Party. (b) Highly Confidential: Except as otherwise may be provided in this 4 Protective Order, written consent of a Producing Party or further order of the Court, Discovery 5 Materials designated as “Highly Confidential” shall not be disclosed to any person other than: 6 (1) Counsel retained or employed by the Parties, and their respective 7 employees and administrative support personnel (including those persons and firms engaged in 8 the copying or organization or conversion of documents from or to electronic media) retained by 9 counsel to the extent necessary for the Permitted Purpose; 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 (2) connection with this Action to the extent necessary for the Permitted Purpose; 12 13 (3) At the deposition of persons who are currently employed by, or are the Fed. R. Civ. P. 30(b)(6) corporate designee of, the Producing Party; 14 15 Experts and consultants retained by counsel for the Parties in (4) At the deposition of persons who appear on the face of the Highly Confidential Discovery Material in question as an author, addressee, or recipient thereof; 16 (5) The Court and its employees, including, without limitation, court 17 reporters, employees in the Clerk’s Office, law clerks, and court staff provided that the 18 Confidential Discovery Material is filed in accordance with the terms of this Protective Order and 19 limited to use with respect to the Action; 20 21 22 (6) Any other person only upon order of the Court or upon stipulation of the Producing Party. (c) All persons and entities entitled to receive Discovery Materials designated 23 as “Confidential” pursuant to Paragraphs 7.2(a)(1)-(3), (5) or (7) or as “Highly Confidential” 24 pursuant to Paragraphs 7.2(b)(1)-(2) or (4) above, shall be informed of the terms, and provided 25 with a copy of this Protective Order, and instructed that they are bound by its terms and required 26 not to disclose confidential information which may be contained in the Discovery Materials and 27 designated as “Confidential” or “Highly Confidential.” In addition, those persons and entities 28 entitled to receive information designated as “Confidential” pursuant to Paragraphs B.5.a.(3) or -9- 1 (5) or as “Highly Confidential” pursuant to Paragraphs B.5.b.(2) or (4) above shall, prior to 2 disclosure, execute the Acknowledgement in the form attached hereto as Exhibit A, agreeing to 3 be bound by the terms of this Protective Order. All Parties, their counsel, and all other persons 4 designated above who obtain Confidential or Highly Confidential Discovery Material shall take 5 all necessary and appropriate measures to maintain the confidentiality of the Discovery Material, 6 shall disclose such information only to persons authorized to receive it under this Protective 7 Order, and shall retain such information in a secure manner. 8 8. 9 LITIGATION 10 If a Party is served with a subpoena or a court order issued in other litigation that compels 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER disclosure of any information or items designated in this action as “Confidential” or “Highly 12 Confidential” that Party must: 13 14 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 16 other litigation that some or all of the material covered by the subpoena or order is subject to this 17 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 18 19 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 20 If the Designating Party timely seeks a protective order, the Party served with the 21 subpoena or court order shall not produce any information designated in this action as 22 “Confidential” or “Highly Confidential” before a determination by the court from which the 23 subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The 24 Designating Party shall bear the burden and expense of seeking protection in that court of its 25 confidential material—and nothing in these provisions should be construed as authorizing or 26 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 27 9. 28 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION - 10 - 1 (a) The terms of this Order are applicable to information produced by a Non-Party in this 2 action and designated as “Confidential” or “Highly Confidential.” Such information produced by 3 Non-Parties in connection with this litigation is protected by the remedies and relief provided by 4 this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 5 seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 7 Party’s confidential information in its possession, and the Party is subject to an agreement with 8 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 9 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 (1) promptly notify in writing the Requesting Party and the Non-Party that some (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 12 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 13 information requested; and 14 (3) make the information requested available for inspection by the Non-Party. 15 (c) If the Non-Party fails to object or seek a protective order from this court within 14 16 days of receiving the notice and accompanying information, the Receiving Party may produce the 17 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 18 seeks a protective order, the Receiving Party shall not produce any information in its possession 19 or control that is subject to the confidentiality agreement with the Non-Party before a 20 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 21 burden and expense of seeking protection in this court of its Protected Material. 22 10. 23 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 24 Material to any person or in any circumstance not authorized under this Stipulated Protective 25 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 26 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 27 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 28 - 11 - 1 made of all the terms of this Order, and (d) request such person or persons to execute the 2 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 4 MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain inadvertently 6 produced material is subject to a claim of privilege or other protection, the obligations of the 7 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 8 provision is not intended to modify whatever procedure may be established in an e-discovery 9 order that provides for production without prior privilege review. Pursuant to Federal Rule of 275 Battery Street, Suite 2600 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 communication or information covered by the attorney-client privilege or work product 12 protection, the parties may incorporate their agreement in the stipulated protective order 13 submitted to the court. 14 12. 15 16 17 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 18 Order no Party waives any right it otherwise would have to object to disclosing or producing any 19 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 20 Party waives any right to object on any ground to use in evidence of any of the material covered 21 by this Protective Order. 22 12.3 Filing Protected Material. Without written permission from the Designating Party 23 or a court order secured after appropriate notice to all interested persons, a Party may not file in 24 the public record in this action any Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 26 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 27 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 28 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or - 12 - 1 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 2 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the 3 Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) 4 unless otherwise instructed by the court. 5 13. 6 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each compilations, summaries, and any other format reproducing or capturing any of the Protected 10 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 11 275 Battery Street, Suite 2600 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 San Francisco, California 94111 Receiving Party must return all Protected Material to the Producing Party or destroy such 8 SQUIRE PATTON BOGGS (US) LLP 7 submit a written certification to the Producing Party (and, if not the same person or entity, to the 12 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 13 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 14 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 15 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 16 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 17 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 18 product, and consultant and expert work product, even if such materials contain Protected 19 Material. Any such archival copies that contain or constitute Protected Material remain subject to 20 this Protective Order as set forth in Section 4 (DURATION). 21 22 23 The filing attorney hereby certifies that concurrence in the filing of the document has been obtained from each signatory, in accordance with Local Rule 5-1. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 24 25 26 27 28 DATED: September 3, 2019 /s/ Eric Johnson (pro hac vice) Attorneys for Giorgio Enea DATED: September 3, 2019 /s/ Alfredo Amoedo Attorneys for Mercedes-Benz USA, LLC - 13 - 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 4 DATED: 9/5/2019 _____________________________________ Honorable Haywood S. Gilliam, Jr. United States District Judge 5 6 7 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 5 6 7 8 9 275 Battery Street, Suite 2600 11 San Francisco, California 94111 SQUIRE PATTON BOGGS (US) LLP 10 12 13 14 15 16 17 18 I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Northern District of California on ___________ [date] in the case of Enea v. Mercedes-Benz USA, LLC, No. 4:18-cv-02792-HSG. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Northern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 - 15 -

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