1 (Counsel of record on next page) 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO GARCIA, on behalf of himself and all No. 2:19-cv-01249-TLN-DB others similarly situated 12 STIPULATION AND PROTECTIVE ORDER Plaintiff, 13

14 vs. 15 TARGET CORPORATION, a Minnesota corporation, and DOES 1 through 50, inclusive, 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 JAMES R. HAWKINS (Cal. State Bar No. 192925) ISANDRA FERNANDEZ (Cal State Bar No. 220482) 2 JAMES HAWKINS APLC 9880 Research Drive, Suite 200 3 Irvine, California 92618 Telephone: (949) 387-7200 4 Facsimile: (949) 387-6676 [email protected] 5 [email protected]

6 Attorneys for Plaintiff Sergio Garcia 7

8 JEFFREY D. WOHL (Cal. State Bar No. 096838) RYAN D. DERRY (Cal. State Bar No. 244337) 9 ANNA M. SKAGGS (Cal. State Bar No. 319179) PAUL HASTINGS LLP 10 101 California Street, 48th Floor San Francisco, California 94111 11 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 12 [email protected] [email protected] 13 [email protected]

14 Attorneys for Defendant Target Corporation 15 . 16 17 18 19 20 21 22 23 24 25 26 27 28 1 of record, hereby stipulate and respectfully request that the Court enter the following as the Stipulated 2 Protective Order (this “Order”) in this action: 3 1. PURPOSES AND LIMITATIONS 4 Disclosure and discovery activity in this action are likely to involve production of confidential, 5 proprietary, or private information for which special protection from public disclosure and from use for 6 any purpose other than prosecuting this litigation may be warranted. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery and that the 8 protection it affords from public disclosure and use extends only to the limited information or items that 9 are entitled to confidential treatment under the applicable legal principles. The parties further 10 acknowledge, as set forth in section 12.3, below, that this Order does not entitle them to file confidential 11 information under seal. Rather, the parties must comply with the applicable rules, standards, and 12 procedures regarding seeking permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information 15 or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil 18 Procedure 26(c). 19 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as 20 their support staff). 21 2.4 Designating Party: a Party or Non-Party that designates information or items that it 22 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 23 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 24 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 25 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery 26 in this matter. 27 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 28 1 in this action. 2 2.7 House Counsel: attorneys who are employees of a Party to this action. House Counsel 3 does not include Outside Counsel of Record or any other outside counsel. 4 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 5 entity not named as a Party to this action. 6 2.9 Outside Counsel of Record: attorneys who are not employees of a Party to this action 7 but are retained to represent or advise a Party to this action and have appeared in this action on behalf of 8 that Party or are affiliated with a law firm which has appeared on behalf of that Party. 9 2.10 Party: any party to this action, including all of its officers, directors, employees, 10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 11 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 12 in this action. 13 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., 14 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 15 retrieving data in any form or medium) and their employees and subcontractors. 16 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 17 “CONFIDENTIAL.” 18 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 19 Producing Party. 20 3. SCOPE 21 The protections conferred by this Order cover not only Protected Material (as defined above), but 22 also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, 23 summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations 24 by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by 25 this Order do not cover the following information: (a) any information that is in the public domain at 26 the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a 27 Receiving Party as a result of publication not involving a violation of this Order, including becoming 28 1 Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 2 obtained the information lawfully and under no obligation of confidentiality to the Designating Party. 3 Any use of Protected Material at trial shall be governed by a separate agreement or order. 4 4. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations imposed by this 6 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 7 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 8 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and 9 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits 10 for filing any motions or applications for extension of time pursuant to applicable law. 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 13 Non-Party that designates information or items for protection under this Order must take care to limit 14 any such designation to specific material that qualifies under the appropriate standards. The Designating 15 Party must designate for protection only those parts of material, documents, items, or oral or written 16 communications that qualify, so that other portions of the material, documents, items, or 17 communications for which protection is not warranted are not swept unjustifiably within the ambit of 18 this Order. 19 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to 20 be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber 21 or retard the case development process or to impose unnecessary expenses and burdens on other parties) 22 expose the Designating Party to sanctions. 23 If it comes to a Designating Party’s attention that information or items that it designated for 24 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 25 that it is withdrawing the mistaken designation. 26 5.2 Manner and Timing of Designations. Material may be designated as 27 “CONFIDENTIAL” at any time. However, the parties will attempt to make such designations before 28 1 Designation in conformity with this Order requires: 2 (a) For information in documentary form (e.g., paper or electronic documents, but excluding 3 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 4 affix the legend “CONFIDENTIAL” to each page that contains Protected Material. If only 5 a portion or portions of the material on a page qualifies for protection, the Producing Party 6 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in 7 the margins). A Party or Non-Party that makes original documents or materials available 8 for inspection need not designate them for protection until after the inspecting Party has 9 indicated which material it would like copied and produced. During the inspection and 10 before the designation, all of the material made available for inspection shall be deemed 11 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 12 copied and produced, the Producing Party must determine which documents, or portions 13 thereof, qualify for protection under this Order. Then, before producing the specified 14 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 15 that contains Protected Material. If only a portion or portions of the material on a page 16 qualifies for protection, the Producing Party also must clearly identify the protected 17 portion(s) (e.g., by making appropriate markings in the margins). 18 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the 19 Designating Party identify all protected testimony on the record during the deposition or 20 proceeding or within 30 days after receiving the transcript. 21 (c) For information produced in some form other than documentary and for any other tangible 22 items, that the Producing Party affix in a prominent place on the exterior of the container 23 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If 24 only a portion or portions of the information or item warrant protection, the Producing 25 Party, to the extent practicable, shall identify the protected portion(s). 26 Such designation will, without more, subject the information produced or provided under said 27 designation to the provisions of this protective order. 28 1 designate qualified information or items does not, standing alone, waive the Designating Party’s right to 2 secure protection under this Order for such material. In the event that a Party inadvertently produces 3 Protected Material without an appropriate designation, the Producing Party shall give written notice of 4 such inadvertent production to the Receiving Party within twenty (20) days of discovering the 5 inadvertent production. The Producing Party shall also give the Receiving Party an appropriately 6 designated copy of the Protected Material. Upon receiving notice of the inadvertent production, the 7 Receiving Party shall promptly return the inadvertently produced Protected Materials, along with all 8 copies of such Protected Material, and shall retain only the appropriately designated copy of the 9 Protected Material. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or 14 a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 15 confidentiality designation by electing not to mount a challenge promptly after the original designation 16 is disclosed. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 18 under Local Rule 251. 19 6.4 The burden of persuasion in any such challenge proceeding shall be on the Designating 20 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 21 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 22 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 23 retain confidentiality as described above, all parties shall continue to afford the material in question the 24 level of protection to which it is entitled under the Producing Party’s designation until the court rules on 25 the challenge. 26 7. ACCESS TO AND USE OF PROTECTED MATERIAL 27 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 28 1 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the 2 categories of persons and under the conditions described in this Order. When the litigation has been 3 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a location and in a 6 secure manner that ensures that access is limited to the persons authorized under this Order. 7 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 8 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 9 information or item designated “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 11 employees of said Outside Counsel of Record to whom it is reasonably necessary 12 to disclose the information for this litigation and who have signed the 13 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 14 A; 15 (b) the officers, directors, and employees (including House Counsel) of the Receiving 16 Party to whom disclosure is reasonably necessary for this litigation and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 19 reasonably necessary for this litigation and who have signed the “Acknowledgment 20 and Agreement to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 23 and Professional Vendors to whom disclosure is reasonably necessary for this 24 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 25 (Exhibit A); 26 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 27 necessary and who have signed the “Acknowledgment and Agreement to Be 28 1 by the court. Pages of transcribed deposition testimony or exhibits to depositions 2 that reveal Protected Material must be separately bound by the court reporter and 3 may not be disclosed to anyone except as permitted under this Order. 4 (g) the author or recipient of a document containing the information or a custodian or 5 other person who otherwise possessed or knew the information. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 7 LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation that compels 9 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of 11 the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other 13 litigation that some or all of the material covered by the subpoena or order is subject to this 14 Order. Such notification shall include a copy of this Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating 16 Party whose Protected Material may be affected. 17 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 18 court order shall not produce any information designated in this action as “CONFIDENTIAL” before a 19 determination by the court from which the subpoena or order issued, unless the Party has obtained the 20 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 21 protection in that court of its confidential material – and nothing in these provisions should be construed 22 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another 23 court. 24 /// 25 /// 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 27 LITIGATION 28 1 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection 2 with this litigation is protected by the remedies and relief provided by this Order. Nothing in these 3 provisions should be construed as prohibiting a Non-Party from seeking additional protections. 4 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s 5 confidential information in its possession, and the Party is subject to an agreement with the Non-Party not 6 to produce the Non-Party’s confidential information, then the Party shall: 7 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all 8 of the information requested is subject to a confidentiality agreement with a Non 9 Party; 10 (2) promptly provide the Non-Party with a copy of the Order in this litigation, the 11 relevant discovery request(s), and a reasonably specific description of the 12 information requested; and 13 (3) make the information requested available for inspection by the Non-Party. 14 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of 15 receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s 16 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective 17 order, the Receiving Party shall not produce any information in its possession or control that is subject to 18 the confidentiality agreement with the Non-Party before a determination by the court. Absent a court 19 order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court 20 of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material 23 to any person or in any circumstance not authorized under this Order, the Receiving Party must 24 immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best 25 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to 26 whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or 27 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 2 MATERIAL 3 Inadvertent production of a document or other information subject to a claim of privilege or 4 attorney work product will not waive the privilege or the attorney work product doctrine. If a Producing 5 Party produces any material that the Producing Party thereafter claims to be privileged or protected, the 6 Producing Party will give notice thereof to the Receiving Party in writing. Within five days, the 7 material in question (and all notes and work product quoting, referring or relating thereto) will then be 8 returned to the Producing Party, and the Receiving Party will certify that any and all copies have been 9 retrieved and destroyed. If the Receiving Party has disclosed the information to others before being 10 notified of the claim of privilege or protection, the Receiving Party must take reasonable steps to 11 retrieve and return or destroy the disclosed information. The Receiving Party upon receiving a privilege 12 log identifying the document remains free to challenge any claim of privilege or protection, but shall not 13 make any claim that the production of the document caused a waiver of any privilege or protection. 14 Moreover, absent a ruling that the document, data, or information at issue is not privileged or protected, 15 a Receiving Party may not disclose nor make any use whatsoever of the information disclosed in or 16 derived from the document or information at issue. If a Party or counsel for a Party receives a document 17 or other information that appears on its face to be inadvertently produced and subject to a claim of 18 privilege or attorney work product, counsel for the Receiving Party will (i) inform counsel for the 19 Producing Party promptly after becoming aware of the disclosure; (ii) promptly return the document or 20 other information and all copies thereof; and (iii) promptly destroy all notes and other documents 21 containing any reference to, or use of, the inadvertently produced information. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 24 its modification by the court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 26 no Party waives any right it otherwise would have to object to disclosing or producing any information 27 or item on any ground not addressed in this Order. Similarly, no Party waives any right to object on any 28 1 12.3 Filing Protected Material. Without written permission from the Designating Party or a 2 court order secured after appropriate notice to all interested persons, a Party may not file in the public 3 record in this action any Protected Material. A Party that seeks to file under seal any Protected Material 4 must comply with the applicable rules for filing documents under seal. Protected Material may only be 5 filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 6 issue. If a Receiving Party's request to file Protected Material under seal is denied by the court, then the 7 Receiving Party may file the information in the public record unless otherwise instructed by the court. 8 13. FINAL DISPOSITION 9 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 10 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As 11 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, 12 and any other format reproducing or capturing any of the Protected Material. Whether the Protected 13 Material is returned or destroyed, the Receiving Party must submit a written certification to the 14 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline 15 that (1) identifies (by category, where appropriate) all the Protected Material that was returned or 16 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, 17 summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding 18 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 19 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 20 expert reports, attorney work product, and consultant and expert work product, even if such materials 21 contain Protected Material. Any such archival copies that contain or constitute Protected Material 22 remain subject to this Protective Order as set forth in section 4 (DURATION). 23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 24 I, Jeffrey D. Wohl, attest that all other signatories listed concur in the filing’s content and have 25 authorized the filing. 26 27 28 1 ISANDRA FERNANDEZ JAMES HAWKINS APLC 2 3 By: /s/ Isandra Fernandez Isandra Fernandez 4 Attorneys for Plaintiff Sergio Garcia

5 Dated: November 6, 2019. JEFFREY D. WOHL 6 RYAN D. DERRY ANNA M. SKAGGS 7 PAUL HASTINGS LLP 8 By: /s/ Jeffrey D. Wohl 9 Jeffrey D. Wohl Attorneys for Defendant Target Corporation 10 11 ORDER 12 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 13 IT IS FURTHER ORDERED THAT: 14 1. Requests to seal documents shall be made by motion before the same judge who will decide 15 the matter related to that request to seal. 16 2. The designation of documents (including transcripts of testimony) as confidential pursuant to 17 this order does not automatically entitle the parties to file such a document with the court under seal. 18 Parties are advised that any request to seal documents in this district is governed by Local Rule 141. In 19 brief, Local Rule 141 provides that documents may only be sealed by a written order of the court after a 20 specific request to seal has been made. L.R. 141(a). However, a mere request to seal is not enough 21 under the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ 22 shall set forth the statutory or other authority for sealing, the requested duration, the identity, by name or 23 category, of persons to be permitted access to the document, and all relevant information.” L.R. 141(b). 24 3. A request to seal material must normally meet the high threshold of showing that “compelling 25 reasons” support secrecy; however, where the material is, at most, “tangentially related” to the merits of 26 a case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto Safety v. 27 Chrysler Grp., LLC,

(9th Cir. 2016); Kamakana v. City and County of 28 Honolulu,

(9th Cir. 2006). 1 documents, at any court hearing or trial – such determinations will only be made by the court at the 2 hearing or trial, or upon an appropriate motion. 3 5. With respect to motions regarding any disputes concerning this protective order which the 4 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 5 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 6 shortened time. 7 6. The parties may not modify the terms of this Protective Order without the court’s approval. If 8 the parties agree to a potential modification, they shall submit a stipulation and proposed order for the 9 court’s consideration. 10 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the 11 terms of this Protective Order after the action is terminated. 12 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is hereby 13 DISAPPROVED. 14 DATED: November 8, 2019 /s/ DEBORAH BARNES 15 UNITED STATES MAGISTRATE JUDGE 16

17 18 19 20 21 22 23 24 25 26 27 28 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of _________________ [print or 3 type full address], declare under penalty of perjury that I have read in its entirety and understand the 4 Stipulated Protective Order (the “Order”) that was issued by the United States District Court for the 5 Eastern District of California (the “Court”) on [date] in the case of Sergio Garcia., on behalf of himself 6 and all others similarly situated, Plaintiff, vs. Target Corporation, a Minnesota Corporation; and DOES 7 1 through 50, inclusive, Defendants, U.S.D.C., E.D. Cal., No. 2:19-cv-01249 TLN-DB. I agree to comply 8 with and to be bound by all the terms of the Order and I understand and acknowledge that failure to so 9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that 10 I will not disclose in any manner any information or item that is subject to the Order to any person or 11 entity except in strict compliance with the provisions of the Order. 12 I further agree to submit to the jurisdiction of the Court for the purpose of enforcing the terms of 13 the Order, even if such enforcement proceedings occur after termination of this action. 14 I hereby appoint __________________________________ [print or type full name] of 15 ___________________________________________ [print or type full address and telephone number] 16 as my California agent for service of process in connection with this action or any proceedings related to 17 enforcement of the Order. 18 Date: ______________________________________ 19 City and State where sworn and signed: _________________________________ 20 Printed name: _______________________________ 21 Signature: __________________________________ 22

23

24 25 26 27 28