Chavez v. PVH Corporation

Filing 45

STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT) re #30 STIPULATION WITH PROPOSED ORDER re Protective Order filed by PVH Corporation. Signed by Magistrate Judge Howard R. Lloyd on 1/3/2014. (hrllc1, COURT STAFF) (Filed on 1/3/2014)

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*E-Filed: January 3, 2014* 1 2 3 4 5 6 7 8 HOGAN LOVELLS US LLP Dean Hansell (Bar No. 93831) Asheley G. Dean (Bar No. 245504) Rachel A. 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 13 Larry W. Lee (State Bar No. 228175) lwlee@diversitylaw.com Daniel H. Chang (State Bar No. 183803) dchang@diversitylaw.com DIVERSITY LAW GROUP, A Professional Corporation 550 S. Hope Street, Suite 2655 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile 14 Attorneys for Plaintiff and the Class 15 (Additional Counsel on Next Page) 9 10 11 12 16 17 UNITED STATES DISTRICT COURT FOR THE 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 Jessie Chavez, as an individual and on behalf of all others similarly situated, Plaintiff, 22 23 24 Case No. C 13-01797 LHK (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER (MODIFIED BY COURT) v. PVH Corporation, a Delaware Corporation, Defendant. 25 26 27 28 H OGAN L OVEL LS US LLP STIPULATION AND PROTECTIVE ORDER ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 1 2 3 4 5 William L. Marder (State Bar No. 170131) bill@polarislawgroup.com POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, California 95023 (831) 531-4214 (831) 634-0333 facsimile 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- H OGAN L OVEL LS US LLP ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 \\LA - 039936/000002 - 1059052 v2 STIPULATION AND PROTECTIVE ORDER 1 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff 2 Jessie Chavez (“Plaintiff”) and Defendant PVH Corp. (“Defendant”), through their 3 counsel of record, jointly submit for the Court’s approval this Stipulated Protective 4 Order to govern the handling of information and materials produced in the course of 5 discovery or filed with the Court in this action. 6 GOOD CAUSE STATEMENT 7 8 9 It is the intent of the parties and the Court that information not be designated 10 as confidential solely for tactical reasons in this case and that nothing be so 11 designated without a good faith belief that there is good cause why it should not be 12 part of the public record of this case. That intention notwithstanding, the parties 13 anticipate that trade secrets, or confidential, proprietary, or private information 14 (including health and medical information), or other information of a sensitive 15 nature that is not generally known or readily accessible to the general public 16 belonging to the parties or third persons will be produced or exchanged during the 17 pendency of the above-captioned litigation. This confidential, proprietary or 18 private information needs protection so that it is not publicly disclosed to the 19 detriment of its owners. Examples of confidential, proprietary, or private 20 information that the parties may seek to protect from unrestricted or unprotected 21 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 STIPULATION AND PROTECTIVE ORDER ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 1 or information of a sensitive nature that is not generally known or 2 readily accessible to the general public; 3 (d) Personal identification information; and 4 (e) Personal health and medical information. 5 Unrestricted or unprotected disclosure of such confidential, proprietary, or 6 private information would result in prejudice or harm to the producing party by 7 revealing the producing party’s competitive confidential information, which has 8 been developed at the expense of the producing party and which represents valuable 9 tangible and intangible assets of that party. Additionally, privacy interests 10 (including with respect to personal identification information and/or medical and 11 health information of individuals) must be safeguarded. Accordingly, the parties respectfully submit that there is good cause for the 12 13 entry of this Protective Order. 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 - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 2 3 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 4 documents, data, communications, electronically stored information and 5 documentation associated therewith, answers or responses to interrogatories, 6 requests for documents, requests for admissions, testimony at depositions, 7 associated transcripts and exhibits, pleadings and associated exhibits, other 8 discovery taken pursuant to the Federal Rules of Civil Procedure, and all 9 information and documents, regardless of media, exchanged between the parties, or 10 produced by any third party, whether voluntarily, in response to discovery requests 11 or subpoenas, or otherwise and irrespective of whether the production, answers to 12 written discovery, pleadings or discovery were conducted before or after entry of 13 this Protective Order. 14 2. “Confidential Information” shall mean and collectively refer to 15 information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 16 pursuant to the terms of this Protective Order. The designation 17 “CONFIDENTIAL” shall be limited to information, regardless of the form in which 18 such information is disclosed, that any disclosing party, including any non-party to 19 this action, in good faith, believes to contain (a) proprietary or commercially 20 sensitive information; (b) information that is the subject of a non-disclosure or 21 confidentiality agreement or obligation; (c) current or past (to the extent they reflect 22 on current) methods, procedures and processes relating to the disclosing party’s 23 respective business practices and internal operations and policies; (d) Plaintiff’s 24 health and medical information, including, but not limited to, information regarding 25 medical diagnosis and treatment; and (e) information, including but not limited to 26 financial information, that should otherwise be subject to confidential treatment. 27 The designation “CONFIDENTIAL” does not include information or materials 28 H OGAN L OVEL LS US LLP -3- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 available to the public through means other than disclosure by parties or non-parties 2 in violation of this Protective Order. 3 4 5 3. Information to be treated under this Protective Order as Confidential Information shall include: (a) information furnished voluntarily or set forth in response to 6 discovery requests, provided that the information or responses are plainly marked 7 or otherwise identified by the producing party as “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL,” including Confidential Information retroactively designated as 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information as permitted by 10 11 Sections 19 through 22 of this Protective Order; (b) information derived from or set forth in documents made 12 available for inspection by the producing party voluntarily or under Rules 26, 33, 13 34 or 36 of the Federal Rules of Civil Procedure, or pursuant to subpoena, and that 14 are identified, at the time of inspection, as comprising Confidential Information; 15 (c) information derived from or set forth in any copies of 16 documents produced to the discovering party, voluntarily or under Rules 26, 33, 34 17 or 36 of the Federal Rules of Civil Procedure, provided that the copies are marked 18 by the producing party, preferably at the lower edge of each page, as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, including Confidential 20 Information retroactively designated as “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL” information as permitted by Sections 19 through 22 of this 22 Protective Order; 23 (d) information revealed by inspection of things or premises, 24 voluntarily or under Rule 34 of the Federal Rules of Civil Procedure provided that, 25 prior to the inspection, the party permitting inspection states in writing that its 26 Confidential Information will be disclosed by the inspection and specifies, in 27 writing, the general nature, categories, or parts of the things, or those general areas 28 of the premises, in which its Confidential Information will be revealed; H OGAN L OVEL LS US LLP -4- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER (e) 1 information revealed during depositions upon oral examination 2 under Rule 30 of the Federal Rules of Civil Procedure or pursuant to subpoena, 3 except that the information revealed during any particular deposition shall cease to 4 be Confidential Information thirty (30) days after the deposition transcript becomes 5 available, unless before the thirty (30) day period has expired, the witness, his 6 employer or his counsel designates either on the record or in writing that 7 Confidential Information of the witness, or his employer, which is set forth in the 8 transcript, or identifies either on the record or in writing the portions of the 9 transcript that set forth that Confidential Information. In the case of non-party 10 witnesses, either a party or the non-party witness may designate information 11 revealed as Confidential Information within thirty (30) days after the deposition 12 transcript becomes available. Information contained in deposition transcripts that 13 became available before the date of entry of this Protective Order may be 14 designated as Confidential Information within thirty (30) days after entry of this 15 Protective Order; and (f) 16 17 18 19 20 21 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: (a) a party, or officer, or current employee of a party, who has executed a Certification attached hereto as Exhibit A; 22 (b) in-house counsel of a named party; 23 (c) outside counsel representing a named party, including all 24 paralegal assistants, and stenographic and clerical employees working under the 25 supervision of such counsel; 26 (d) court reporters, videographers, interpreters, translators, copy 27 services, graphic support services, document imaging services and database/coding 28 services retained by counsel to assist with this action; H OGAN L OVEL LS US LLP -5- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER (e) 1 actual or potential experts or consultants who are retained by 2 any attorney described in Paragraphs 4(b) or (c) to assist with this action, and who 3 execute a Certification attached hereto as Exhibit A; (f) 4 a person who prepared, received or reviewed the 5 “CONFIDENTIAL” information prior to its production in the above-captioned 6 action; (g) 7 during depositions and preparation for depositions, a deposition 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 “CONFIDENTIAL”, or the specific events, transactions, discussions or 12 date reflected in the document, provided such witness executes a Certification 13 attached hereto as Exhibit A; 14 (h) Non-party witnesses or persons to be interviewed in the 15 investigation of the above-captioned matter, to the extent deemed reasonably 16 necessary by counsel to aid in the prosecution, defense or settlement of the above- 17 captioned matter, and provided such witnesses or persons execute a Certification 18 attached hereto as Exhibit A; 19 (i) any private mediators used in this action; and 20 (j) the Court, and any Special Masters and/or Mediators appointed 21 22 by the Court. 5. The designation “HIGHLY CONFIDENTIAL” shall be limited to 23 information, regardless of the form in which such information is disclosed, that any 24 disclosing party, including non-parties to this action, in good faith, believes to 25 contain (a) non-public, personal or other Confidential Information relating to or 26 concerning current and/or former employees of any party, including personal 27 identification information; (b) trade secrets (as defined by the California Uniform 28 Trade Secrets Act or by the law of the jurisdiction in which the information is H OGAN L OVEL LS US LLP -6- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 located), or other confidential research, development or commercial information, or 2 information of a sensitive nature that is not generally known or readily accessible to 3 the general public; (c) other “CONFIDENTIAL” information (as defined in 4 Paragraph 2), the disclosure of which is likely to cause competitive or commercial 5 injury to the disclosing party; (d) financial, technological, operational, sales, 6 marketing, pricing and/or other proprietary information relating to any party’s 7 business that is not publicly available or known and that would be of benefit to a 8 competitor of the disclosing party; and (e) such other information, documents 9 and/or data within any party’s possession, custody or control as to which the 10 disclosing party believes that it has a legal obligation to protect its confidentiality. See Paragraphs 5.1 and 5.2 on page 7.1. 11 12 6. Information designated “HIGHLY CONFIDENTIAL” may be disclosed only to the following persons: (a) outside counsel of record, including all paralegal assistants, and 13 14 stenographic and clerical employees working under the supervision of such 15 counsel; 16 (b) court reporters, videographers, translators, copy services, 17 graphic support services, document imaging services and database/coding services 18 retained by counsel to assist with this action; 19 (c) potential or actual experts or consultants who (i) are retained by 20 any attorney described in Paragraphs 4(b) and (c) to assist with this matter, and (ii) 21 who execute a Certification attached hereto as Exhibit A; 22 (d) a person who prepared, received or reviewed the “HIGHLY 23 CONFIDENTIAL” information prior to its production in the above-captioned 24 matter, with respect to such information only; 25 (e) during depositions and preparation for depositions, a deposition 26 witness who is a current or former employee of the party that produced the 27 applicable document(s) or who appears, based upon the document itself or 28 testimony in a deposition, to have knowledge of the contents of the document H OGAN L OVEL LS US LLP -7- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 5. . Exercise of Restraint and Care in Designating Material for Protection: Each Party or Non- 2 Party that designates information or items for protection under this Order must take care to limit any 3 such designation to specific material that qualifies under the appropriate standards. The Designating 4 Party must designate for protection only those parts of material, documents, items, or oral or written 5 communications that qualify—so that other portions of the material, documents, items, or 6 communications for which protection is not warranted are not swept unjustifiable within the ambit 7 of this Order. 8 9 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily For the Northern District of California United States District Court 10 encumber or retard the case development process or to impose unnecessary expenses and burdens on 11 other parties) expose the Designating Party to sanctions. 12 If it comes to a Designating Party’s attention that information or items that it designated for 13 protection do not qualify for protection, that Designating Party must promptly notify all other 14 Parties that it is withdrawing the mistaken designation. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 designated “HIGHLY CONFIDENTIAL” or specific events, transactions, 2 discussions or date reflected in the document, provided such witness executes a 3 Certification attached hereto as Exhibit A; 4 (f) any private mediators utilized in this action; 5 (g) the Court, and any Special Masters and/or Mediators appointed 6 7 by the Court. 7. All information designated “CONFIDENTIAL” or “HIGHLY 8 CONFIDENTIAL” in accordance with the terms of this Protective Order and 9 disclosed, produced or exchanged in the course of this action shall be used or 10 disclosed solely for the purpose of this action, and in accordance with the 11 provisions of this Protective Order. Such “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL” information shall not be used for any business purpose, or in 13 any other litigation or proceeding, or for any other purpose, except as authorized by 14 order of this court. The foregoing notwithstanding, this Protective Order has no 15 effect on, and shall not extend to, any party’s use of its own Confidential 16 Information. 17 8. If a party receiving Confidential Information, including, without 18 limitation, its employees, agents or consultants, is compelled to disclose any of a 19 disclosing party’s “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 20 information pursuant to applicable law, rule, regulation, court order or subpoena 21 (each a “Requirement”), the receiving party shall promptly notify the disclosing 22 party of any such Requirement, and shall cooperate with the disclosing party to 23 obtain a protective order or other appropriate arrangement pursuant to which the 24 confidentiality of the disclosing party’s “CONFIDENTIAL” or “HIGHLY 25 CONFIDENTIAL” information is preserved. Provided that the 26 producing/disclosing party makes a timely motion or other application for relief 27 from the Requirement in the appropriate forum, the person or party subject to the 28 subpoena, or other request, shall not produce or disclose the requested information H OGAN L OVEL LS US LLP -8- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 without the consent of the disclosing/producing party, or until ordered to do so by a 2 court of competent jurisdiction. If such an order or arrangement is not obtained, the 3 receiving party shall disclose only that portion of the disclosing party’s 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information as is required 5 pursuant to such Requirement. Any such required disclosure shall not change the 6 status of the disclosed information as the disclosing party’s “CONFIDENTIAL” or 7 “HIGHLY CONFIDENTIAL” information under the terms of this Protective Order. 8 9. Counsel shall provide each person to whom they disclose, or give access 9 to, “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, a copy of 10 this Protective Order and shall advise each such person of his or her obligation to 11 comply with the terms of the Protective Order. Each person who has received or 12 been given access to “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 13 information pursuant to Paragraphs 4(a), (e), (g) and (h) or Paragraphs 6(c) or (e) 14 shall sign the Certification attached hereto as Exhibit “A.” Persons receiving 15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information are prohibited 16 from disclosing it to any person, except in conformance with this Protective Order. 17 The recipient of any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 18 information agrees to subject himself or herself to the jurisdiction of this Court for 19 the purposes of any proceedings relating to the performance of, compliance with or 20 violation of this Protective Order. Counsel shall maintain a file of all executed 21 Certifications pursuant to this Protective Order. The Court will retain jurisdiction to enforce the terms of this Protective Order for a period of 6 months after final disposition. 22 10. The recipient of any “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL” information shall maintain such information in a secure and 24 safe area, and shall exercise due and proper care with respect to the storage, 25 custody, use and/or dissemination of such information. 26 11. In designating information “CONFIDENTIAL” or “HIGHLY 27 CONFIDENTIAL,” the producing or testifying party or person, including third 28 H OGAN L OVEL LS US LLP -9- ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 parties, will make such designation only as to that information that it, in good faith, 2 believes is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 3 12. All or any part of a document, tangible item, discovery response or 4 pleading disclosed, produced or filed by any party or person in the above-captioned 5 matter may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 6 information by the producing or disclosing party or person by marking the 7 appropriate legend on the face of the document and each page so designated. With 8 respect to tangible items, the appropriate legend shall be marked on the face of the 9 tangible item, if practicable, or by written notice at the time of disclosure, 10 production or filing to the party to which disclosure is made that such tangible item 11 is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Electronically stored 12 information produced in a format that does not permit the disclosing party to affix 13 an appropriate confidentiality legend to each piece of data shall have the 14 appropriate confidentiality designation made in a transmittal letter that accompanies 15 the production of such material and, to the extent practical, the disclosing party 16 shall affix an appropriate legend on the media on which such data is produced. 17 13. Deposition testimony and exhibits (or portions thereof) of any witness 18 that have been designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 19 shall be labeled as follows: If any portion of a videotaped deposition is so 20 designated, the videocassette, other videotape, CD ROM, DVD or other container 21 shall be labeled with the appropriate legend. For testimony or exhibits designated 22 as Confidential Information after receipt of the deposition transcript, the deponent, 23 his/her counsel or any other designating party shall serve on all counsel a list of the 24 page and line numbers of the deposition transcript containing “CONFIDENTIAL” 25 or “HIGHLY CONFIDENTIAL” information. A party may reasonably request a 26 shortening of the time period within which a confidentiality designation for a 27 deposition transcript must be made for the purpose of conducting effective 28 discovery, and consent to such a request shall not be unreasonably withheld. In the H OGAN L OVEL LS US LLP - 10 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 event of a dispute as to a request for a shortened time period, the parties shall first comply with the undersigned's Standing Order re: Civil Discovery Disputes. 2 try to resolve the dispute in good faith on an informal basis. If the dispute cannot 3 be resolved within five (5) business days, the party requesting the shortened time 4 period may request appropriate relief from the Court. The parties agree, subject to 5 Court approval, that such relief sought can be in the form of a telephone conference 6 to be scheduled at the Court’s earliest convenience with the objective of obtaining a 7 prompt resolution of the dispute. 8 14. If a party wishes to file with the Court any documents or pleadings that 9 constitute or contain information designated as “CONFIDENTIAL” or “HIGHLY 10 CONFIDENTIAL” pursuant to this Protective Order, then that party must, prior to 11 filing such documents or pleadings, move the Court for an order sealing such 12 documents or pleadings in compliance with the requirements of Local Rule 79-5, 13 which is hereby fully incorporated by reference. 14 15. At the request of a disclosing party, the Court may limit or restrict any 15 person(s) not permitted access to “CONFIDENTIAL” or “HIGHLY 16 CONFIDENTIAL” information from attending any hearing or deposition at which 17 such information is revealed. Any such request by a disclosing party must comply with the undersigned's Standing Order re: Civil Discovery Disputes. 18 16. Nothing in this Order shall be construed in any way as a finding that 19 information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 20 actually is Confidential Information. Any party may object, in writing, to another 21 party’s or a non-party’s designation by specifying the information at issue and the 22 grounds for questioning the designation. A party shall not be obligated to challenge 23 the propriety of a designation at the time made, and a failure to do so shall not 24 preclude any subsequent challenge. In the event that any party to the above^ 25 captioned matter disagrees at any time with the designation by the disclosing party, 26 the parties shall try first to resolve said dispute in good faith on an informal basis. 27 If the Parties cannot resolve a challenge without court intervention, the Designating 28 Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 unless a prompt challenge is necessary to avoid foreseeable harm. Parties shall comply with the undersigned's Standing Order re: Civil Discovery disputes. H OGAN L OVEL LS US LLP - 11 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 (and in compliance with Civil Local Rule 79-5 and General Order 62, if applicable) 2 within 21 days of the initial notice of challenge or within 14 days of the parties 3 agreeing that the meet and confer process will not resolve their dispute, whichever 4 is earlier. Each such motion must be accompanied by a competent declaration 5 affirming that the movant has complied with the meet and confer requirements 6 imposed in the preceding paragraph. Failure by the Designating Party to make such 7 timely seek judicial intervention a motion including the required declaration within 21 days (or 14 days, if 8 applicable) shall automatically waive the confidentiality designation for each 9 challenged designation. In addition, the Challenging Party may file a motion seek relief with respect to 10 challenging a confidentiality designation at any time if there is good cause for doing 11 so, including a challenge to the designation of a deposition transcript or any 12 portions thereof. Any motion brought pursuant to this provision must be 13 accompanied by a competent declaration affirming that the movant has complied 14 with the meet and confer requirements imposed by the preceding paragraph. The 15 burden of persuasion in any such challenge proceeding shall be on the Designating 16 Party. Unless the Designating Party has waived the confidentiality designation by 17 failing to file a motion to retain confidentiality as described above, all parties shall 18 continue to afford the material in question the level of protection to which it is 19 entitled under the Producing Party’s designation until the court rules on the 20 challenge. seek relief 21 17. Nothing herein shall be construed to be an admission of relevance or to 22 affect, in any way, the admissibility of any documents, testimony or other evidence 23 in the above-captioned matter. This Protective Order is without prejudice to the 24 right of any party to bring before the Court at any time the question of whether any 25 particular information is or is not discoverable or admissible. 26 18. Nothing in this Protective Order shall bar or otherwise restrict any 27 attorney from advising his or her clients with respect to the above-captioned matter 28 and in the course thereof, referring to or relying upon the attorney’s examination of H OGAN L OVEL LS US LLP - 12 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information so long as the 2 attorney does not disclose “HIGHLY CONFIDENTIAL” information or its 3 contents in the course of such advice – except as and to the extent permitted by this 4 Protective Order. 5 19. The inadvertent or mistaken disclosure by a disclosing party of 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information that is 7 unmarked or incorrectly designated shall not constitute a waiver of any claim of 8 confidentiality where: (a) the disclosing party notifies a receiving party in writing 9 of such inadvertent or mistaken disclosure within ten (10) business days of 10 becoming aware of such disclosure, and (b) within thirty (30) days of such notice, 11 the disclosing party provides properly re-designated documents to the receiving 12 party. During the thirty (30)-day period after notice, the materials shall be treated 13 as designated in the disclosing party’s notice. Upon receipt of properly re- 14 designated documents, the receiving party shall return all unmarked or incorrectly 15 designated documents and other materials to the disclosing party within five (5) 16 business days, including any copies thereof. The receiving party shall not retain 17 originals or copies of unmarked or incorrectly designated materials and shall treat 18 information contained in said documents and materials and any summaries or notes 19 thereof as appropriately marked pursuant to the disclosing party’s notice. All such 20 unmarked or incorrectly designated information that is maintained or reflected in 21 computer databases, backup tapes, or any other electronic form shall be erased by 22 the receiving party in a manner that renders the information irretrievable by the 23 receiving party and any other person or entity. 24 20. Should any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 25 information be disclosed, through inadvertence or otherwise, by a receiving party to 26 any person or party not authorized to receive it under this Protective Order, then the 27 receiving party shall: 28 H OGAN L OVEL LS US LLP - 13 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 (a) use its best efforts to obtain the return of any such 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, and to bind 3 such person or party to the terms of this Protective Order; 4 (b) immediately upon the discovery of such disclosure, but no later 5 than one (1) day therefrom, inform such person who received such information of 6 all provisions of this Protective Order and identify such person or party to the 7 disclosing party; and 8 (c) request that such person or party sign the Certification attached 9 hereto as Exhibit A. The executed Certification shall be served upon counsel for 10 the disclosing party within ten (10) business days of its execution by the party to 11 whom the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information was 12 inadvertently disclosed. Nothing in this Paragraph is intended to limit the remedies 13 that the disclosing party may pursue for breach of this Protective Order. 14 21. Federal Rule of Evidence 502 applies to this Protective Order. The 15 inadvertent or erroneous disclosure and/or production of documents claimed to be 16 subject to either the attorney-client privilege or work product doctrine does not 17 waive the applicability of such privilege or doctrine, either generally or relative to 18 the inadvertently or erroneously disclosed and/or produced documents. If any such 19 documents are inadvertently or erroneously disclosed to the receiving party by the 20 producing party, and the requirements of Federal Rule of Evidence 502(b) have 21 been satisfied, the producing party may request that the receiving party return such 22 documents to the producing party, and the receiving party must immediately 23 comply by, to the extent reasonably practicable and consistent with the technology 24 used by the producing party to produce the documents, returning such documents 25 and destroying any copies, notes or memoranda concerning the privileged 26 information. If, however, the receiving party disagrees with the claim that the 27 documents were inadvertently or erroneously produced, with the claim of privilege 28 or work-product protection, or with the claim that otherwise privileged or work- H OGAN L OVEL LS US LLP - 14 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 product documents are entitled to privilege or protection, as to each allegedly 2 inadvertently or erroneously disclosed and/or produced document, the receiving 3 party may object to the return of the document by giving written notice to the party 4 claiming the privilege and inadvertent production. The written notice shall identify 5 the document to which the objection is made. If the parties cannot resolve the 6 objection within ten (10) business days after the time the notice is received, it shall 7 be the obligation of the party claiming the privilege, protection or inadvertent / 8 erroneous production to^file an appropriate motion requesting that the Court 9 determine the validity of the privilege, protection or inadvertent / erroneous seek judicial relief per the undersigned's Standing Order re: Civil Discovery Disputes 10 production claim within five (5) court days after the expiration of the ten (10) day 11 meet and confer period. If the party claiming the privilege, protection or 12 inadvertent / erroneous production fails to file such a motion within the prescribed 13 time, the receiving party may retain the disputed document, which shall not 14 thereafter be treated as privileged or protected. In connection with a motion filed 15 under this provision, the party claiming the privilege, protection or inadvertent / 16 erroneous production shall bear the burden of establishing that good cause exists for 17 the disputed document to be treated as privileged or protected and inadvertently or 18 erroneously produced. The parties agree that steps taken by a producing party to 19 prevent any inadvertent or erroneous disclosure shall not be grounds to claim that 20 such disclosure creates a waiver of privilege. The parties further agree that any 21 delay in the discovery of inadvertently or erroneously disclosed privileged 22 information by the producing party shall not be grounds to claim that the privilege 23 is waived. The disputed document shall be treated as privileged or protected and 24 inadvertently or erroneously produced until either the Court rules on the motion 25 filed under this provision, or the time for filing such a motion has expired. The 26 parties acknowledge that issues of privilege may also arise under foreign law and/or 27 may be litigated in the foreign proceedings. Nothing in this agreement is intended 28 to affect any party's right to claim privilege or work product protection in the DDJR DDJR seeking judicial relief H OGAN L OVEL LS US LLP - 15 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 foreign proceedings, or any counter argument or argument of waiver in respect of 2 any such claim. 3 22. If, in connection with the above-captioned matter, a party discloses 4 information subject to a claim of attorney-client privilege or attorney work product 5 protection (“'Disclosed Protected Information”), the disclosure of the Disclosed 6 Protected Information shall not constitute or be deemed a waiver or forfeiture of 7 any claim of privilege or work product protection that the disclosing party would 8 otherwise be entitled to assert with respect to the Disclosed Protected Information 9 and its subject matter. A disclosing party may assert in writing attorney-client 10 privilege or work product protection with respect to Disclosed Protected 11 Information. The receiving party shall, within five business days of receipt of that 12 writing, return or destroy all copies of the Disclosed Protected Information and 13 provide a certification of counsel that all such Disclosed Protected Information has 14 been returned or destroyed. Within five business days of the notification that such 15 Disclosed Protected Information has been returned or destroyed, the disclosing 16 party shall produce a privilege log with respect to the Disclosed Protected 17 Information. The receiving party then may move the Court for an Order 18 compelling production of the Disclosed Protected Information (a “Privilege 19 Motion”) and shall not assert as a ground for entering such an Order the fact or 20 circumstances of the inadvertent production. The moving party, however, shall first 21 request, pursuant to Local Rule 79-5, the Court to order that the Privilege Motion 22 be filed under seal. The disclosing party retains the burden of establishing 23 privileged or protected nature of any Disclosed Protected Information. Nothing in 24 this paragraph shall limit the right of any party to petition the Court for an in 25 camera review of the Disclosed Protected Information. If, at trial, at a hearing, at a 26 deposition or on a motion, a disclosing party marks for identification or offers into 27 evidence Disclosed Protected Information — or proffers or elicits testimonial or 28 other evidence that incorporates or relies on Disclosed Protected Information, seek judicial relief in compliance with the undersigned's Standing Order parties DDJR H OGAN L OVEL LS US LLP - 16 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 including evidence within Federal Rule of Evidence 703 — that act shall be deemed 2 to effect a waiver and forfeiture by the disclosing party of attorney-client privilege 3 and work product protection that would otherwise apply to undisclosed information 4 concerning the same subject matter, within Federal Rule of Evidence 502(a). The 5 preceding sentence shall not apply to (i) proceedings to determine whether the 6 Disclosed Protected Information is privileged or protected or subject to discovery or 7 disclosure, or (ii) Disclosed Protected Information that is marked for identification, 8 offered into evidence or incorporated in evidence proffered or elicited by an 9 adverse party, or relied on by a witness proffered by an adverse party. The parties 10 expressly agree, in order to save the significant expense and burden of pre- 11 production privilege review, that a party may produce its information, including 12 without limitation hard copy and electronic documents and electronic data without 13 first reviewing such materials for work product or attorney client privilege and that 14 such a production will not in any manner constitute a waiver of privilege or work 15 product protections. 16 23. A disclosing person or entity who is not a party in the above-captioned 17 matter may invoke and take advantage of and thereupon shall be entitled to the 18 protections afforded herein by signing a copy of this Protective Order and serving 19 same on all counsel of record. Thereafter, a disclosing person or entity may 20 designate as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” testimony, 21 information, documents or things that such disclosing person or entity has produced 22 or provided in the above-captioned matter. Any non-party electing to invoke and 23 take advantage of the provisions of this Protective Order by doing so irrevocably 24 consents to the personal jurisdiction of this Court to exclusively adjudicate any 25 dispute arising under or in connection with this Protective Order. The Court will retain jurisdiction to enforce the terms of this Protective Order for six months after final disposition. 26 24. The parties agree that after final termination of this action, including the 27 resolution of all appellate proceedings, outside counsel for each named party may 28 each retain one copy of deposition transcripts and exhibits, court transcripts and H OGAN L OVEL LS US LLP - 17 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 exhibits, and documents and other materials submitted to the Court. Such materials 2 shall continue to be treated as designated under this Protective Order. Nothing 3 herein shall require the return or destruction of attorney work product. 4 25. The parties agree that within sixty (60) days after the final termination 5 of the above-captioned matter, each party that has received, and counsel for all 6 parties (including their paralegals, assistants, and stenographic and clerical 7 employees) who have received, and experts and consultants, potential or actual, for 8 all parties who have received “CONFIDENTIAL” or “HIGHLY 9 CONFIDENTIAL” information shall either (a) return all “CONFIDENTIAL” or 10 “HIGHLY CONFIDENTIAL” information in his/her possession, custody or control 11 or in the custody of any authorized agents, outside experts and consultants retained 12 or utilized by counsel for the receiving party to counsel for the party who has 13 provided such “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information; 14 or (b) certify destruction thereof to the disclosing party’s counsel. All 15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information maintained in or 16 reflected in computer databases, backup tapes, or any other electronic form shall be 17 erased by the receiving party in a manner that renders all such information 18 irretrievable by the receiving party and any other person or entity. 19 26. The Court and its personnel are not obligated to destroy or return 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” information, or other 21 information or documents that are filed under seal. Further, the Court and its 22 personnel are not obligated to destroy or return materials subject to the attorney- 23 client privilege and/or work product protection filed under seal. Court personnel 24 who receive such information are not required to sign this Protective Order. 25 27. Nothing in this Protective Order shall allow non-testifying experts and 26 consultants to be deposed or otherwise be the subject of discovery other than as 27 provided under the Federal Rules of Civil Procedure. 28 H OGAN L OVEL LS US LLP - 18 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 28. Nothing in this Protective Order shall prevent any party from applying 2 to the Court for relief therefrom, or from applying to the Court for further or 3 additional protective orders or for a modification of this Protective Order. 4 IT IS SO ORDERED. 5 6 January 3 DATE: _____________, 2013 2014 ___________________________________ THE HON. LUCY H. KOH UNITED STATES DISTRICT COURT JUDGE 7 8 9 UNITED STATES MAGISTRATE JUDGE HOWARD R. LLOYD 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 - 19 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 STIPULATION 2 IT IS HEREBY STIPULATED by and among the parties, through their 3 respective counsel, this Honorable Court consenting, that the foregoing Stipulated 4 Protective Order may be entered in this action. 5 6 Dated: August 19, 2013 HOGAN LOVELLS US LLP 7 8 By: /s/ Dean Hansell Dean Hansell Asheley Dean Rachel Patta Attorneys for Defendant PVH CORPORATION 9 10 11 12 13 Dated: August 19, 2013 DIVERSITY LAW GROUP 14 15 By: /s/ Larry W. Lee (with authorization) 16 Larry W. Lee Daniel H. Chang Attorneys for Plaintiff JESSIE CHAVEZ 17 18 19 20 21 Dated: August 19, 2013 POLARIS LAW GROUP 22 23 By: /s/ William A. Marder (with authorization) 24 25 William A. Marder Attorneys for Plaintiff JESSIE CHAVEZ 26 27 28 H OGAN L OVEL LS US LLP - 20 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 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 - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 2 3 4 5 6 7 8 HOGAN LOVELLS US LLP Dean Hansell (Bar No. 93831) Asheley G. Dean (Bar No. 245504) Rachel A. 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 13 Larry W. Lee (State Bar No. 228175) lwlee@diversitylaw.com Daniel H. Chang (State Bar No. 183803) dchang@diversitylaw.com DIVERSITY LAW GROUP, A Professional Corporation 550 S. Hope Street, Suite 2655 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile 14 Attorneys for Plaintiff and the Class 15 (Additional Counsel on Next Page) 9 10 11 12 16 17 UNITED STATES DISTRICT COURT FOR THE 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 Jessie Chavez, as an individual and on behalf of all others similarly situated, 24 ACKNOWLEDGEMENT OF STIPULATED PROTECTIVE ORDER Plaintiff, 22 23 Case No. C 13-01797 LHK v. PVH Corporation, a Delaware Corporation, Defendant. 25 26 27 28 H OGAN L OVEL LS US LLP - 22 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 2 3 4 5 William L. Marder (State Bar No. 170131) bill@polarislawgroup.com POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, California 95023 (831) 531-4214 (831) 634-0333 facsimile 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 - 23 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER 1 By my signature, I hereby acknowledge that I have read the Stipulated 2 Protective Order, dated _________, 2013 (the “Protective Order”) entered in Jessie 3 Chavez, individually and on behalf of all others similarly situated v. PVH 4 Corporation pending in the United States District Court for the Northern District of 5 California and hereby agree to abide by the obligations and terms thereof. I further 6 agree that to the extent that my employees are provided with “CONFIDENTIAL” 7 or “HIGHLY CONFIDENTIAL” Designated Materials, I will instruct such 8 employees regarding the terms of the Protective Order. I further agree to subject 9 myself to the jurisdiction of the United States District Court for the Northern 10 District of California with respect to all matters relating to compliance with the 11 Protective Order. 12 13 Dated: _____________________ 14 ______________________________ (Signature) ______________________________ (Print Name) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H OGAN L OVEL LS US LLP - 24 - ATTO RNEY S AT LAW LOS A NG EL ES \LA - 039936/000002 - 1059052 v1 STIPULATION AND PROTECTIVE ORDER

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