1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 || VALERIE MORALES, an Case No. 2:19-cv-7937 SVW (KSx) individual 12 ASSIGNED TO HONORABLE JUDGE 3 Plaintiff, STEPHEN V. WILSON

4 V. DISCOVERY MATTER SPRINT COMMUNICATIONS [Referred to Magistrate Judge Karen L. 1S || COMPANY L.P.; ADAM Stevenson] KAKEBEEN, an individual; and 16 | DOES | through 25, STIPULATED PROTECTIVE 17 Defendants. ORDER 18 State Complaint Filed: July 2, 2019 (Los 19 Angeles Superior Court, Case No. 19STCV 23332) 20 21 22 23 24 25 26 27 28

1 Plaintiff VALERIE MORALES (‘Plaintiff’) on the one hand, and Defendant 2 || SPRINT/UNITED MANAGEMENT COMPANY (erroneously named and sued as 3 || Sprint Communications L.P.) (collectively, “Defendant’) on the other, by and through 4 || their respective counsel of record, have AGREED and STIPULATED to the following: 5} 1. PURPOSES AND LIMITATIONS 6 Discovery in this action is likely to involve production of confidential, proprietar 7 || or private information for which special protection from public disclosure and from ust 8 || for any purpose other than pursuing this litigation may be warranted. Accordingly, th 9 || parties hereby stipulate to and petition the Court to enter the following Stipulate: 10 || Protective Order. The parties acknowledge that this Order does not confer blanke 11 || protections on all disclosures or responses to discovery and that the protection it afford 12 || from public disclosure and use extends only to the limited information or items that ar 13 || entitled to confidential treatment under the applicable legal principles. 14 2. GOOD CAUSE STATEMENT 15 This action is likely to involve trade secrets, customer and pricing lists and other 16 || valuable research, development, commercial, financial, technical and/or proprietary 17 || information for which special protection from public disclosure and from use for any 18 || purpose other than prosecution of this action is warranted. Such confidential and 19 || proprietary materials and information consist of, among other things, confidential 20 || business or financial information, information regarding confidential business practices, 21 || or other confidential research, development, or commercial information (including 22 || information implicating privacy rights of third parties), information otherwise generally 23 || unavailable to the public, or which may be privileged or otherwise protected from 24 || disclosure under state or federal statutes, court rules, case decisions, or common law. 25 || Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 26 || disputes over confidentiality of discovery materials, to adequately protect information 27 || the parties are entitled to keep confidential, to ensure that the parties are permitted 28 || reasonable necessary uses of such material in preparation for and in the conduct of trial, 2. STIPULATION AND PROTECTIVE ORDER

1 || to address their handling at the end of the litigation, and serve the ends of justice, a 2 || protective order for such information is justified in this matter. It is the intent of the 3 || parties that information will not be designated as confidential for tactical reasons and 4 || that nothing be so designated without a good faith belief that it has been maintained in 5 || confidential non-public manner, and there is good cause why it should not be part of 6 || the public record of this case. 7} 3. ACKNOWLEDGMENT OF UNDER SEAL FILING ~PROCEDURE 8 The parties further acknowledge, as set forth in Section 13.3, below, that this 9 || Stipulated Protective Order does not entitle them to file confidential information under 10 || seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 11 || standards that will be applied when a party seeks permission from the court to file 12 || material under seal. There is a strong presumption that the public has a right of access 13 || to judicial proceedings and records in civil cases. In connection with non-dispositive 14 || motions, good cause must be shown to support a filing under seal. See Kamakana v. 15 || City and County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. 16 || Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon_v. Sony 17 || Electrics, Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 18 || require good cause showing), and a specific showing of good cause or compelling 19 || reasons with proper evidentiary support and legal justification, must be made with 20 || respect to Protected Material that a party seeks to file under seal. The parties’ mere 21 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 22 || without the submission of competent evidence by declaration, establishing that the 23 || material sought to be filed under seal qualifies as confidential, privileged, or otherwise 24 || protectable—constitute good cause. 25 Further, if a party requests sealing related to a dispositive motion or trial, then 26 || compelling reasons, not only good cause, for the sealing must be shown, and the relief 27 || sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 28 || v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item or type 3. STIPULATION AND PROTECTIVE ORDER

1 || of information, document, or thing sought to be filed or introduced under seal, the party 2 || seeking protection must articulate compelling reasons, supported by specific facts and 3 || legal justification, for the requested sealing order. Again, competent evidence 4 || supporting the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in its 6 || entirety will not be filed under seal if the confidential portions can be redacted. If 7 || documents can be redacted, then a redacted version for public viewing, omitting only 8 || the confidential, privileged, or otherwise protectable portions of the document, shall be 9 || filed. Any application that seeks to file documents under seal in their entirety should 10 || include an explanation of why redaction is not feasible. 11 4. DEFINITIONS 12 4.1 Action: Valerie Morales v. Sprint Communications, L.P., et al., Case No. 13 || 2:19-cv-7937 SVW (KSx). 14 4.2 Challenging Party: a Party or Non-Party that challenges the designation of 15 || information or items under this Order. 16 4.3. “CONFIDENTIAL” Information or Items: information (regardless of how 17 || itis generated, stored or maintained) or tangible things that qualify for protection under 18 || Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 19 || Statement. 20 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 21 || support staff). 22 4.5 Designating Party: a Party or Non-Party that designates information or 23 || items that it produces in disclosures or in responses to discovery as 24 | “CONFIDENTIAL.” 25 4.6 Disclosure or Discovery Material: all items or information, regardless of 26 || the medium or manner in which it is generated, stored, or maintained (including, among 27 || other things, testimony, transcripts, and tangible things), that are produced or generated 28 || in disclosures or responses to discovery. 4, STIPULATION AND PROTECTIVE ORDER

1 4.7 Expert: a person with specialized knowledge or experience in a matter 2 || pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 || expert witness or as a consultant in this Action. 4 4.8 House Counsel: attorneys who are employees of a party to this Action. 5 || House Counsel does not include Outside Counsel of Record or any other outside 6 || counsel. 7 4.9 Non-Party: any natural person, partnership, corporation, association or 8 || other legal entity not named as a Party to this action. 9 4.10 Outside Counsel of Record: attorneys who are not employees of a party to 10 || this Action but are retained to represent a party to this Action and have appeared in this 11 || Action on behalf of that party or are affiliated with a law firm that has appeared on 12 || behalf of that party, and includes support staff. 13 4.1° Party: any party to this Action, including all of its officers, directors, 14 || employees, consultants, retained experts, and Outside Counsel of Record (and their 15 || support staffs). 16 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 || Discovery Material in this Action. 18 4.13 Professional Vendors: persons or entities that provide litigation support 19 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 || demonstrations, and organizing, storing, or retrieving data in any form or medium) and 21 || their employees and subcontractors. 22 4.14 Protected Material: any Disclosure or Discovery Material that is 23 || designated as “CONFIDENTIAL.” 24 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 25 || from a Producing Party. 26 5. SCOPE 27 The protections conferred by this Stipulation and Order cover not only Protected 28 || Material (as defined above), but also (1) any information copied or extracted from 5. STIPULATION AND PROTECTIVE ORDER

1 || Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 2 || Material; and (3) any testimony, conversations, or presentations by Parties or their 3 || Counsel that might reveal Protected Material. 4 Any use of Protected Material at trial shall be governed by the orders of the trial 5 || judge and other applicable authorities. This Order does not govern the use of Protected 6 || Material at trial. 7 6. DESIGNATING PROTECTED MATERIAL 8 6.1 Manner and Timing of Designations. Except as otherwise provided in this 9 || Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 10 || qualifies for protection under this Order must be clearly so designated before the 11 || material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 || documents, but excluding transcripts of depositions or other pretrial or trial 15 || proceedings), that the Producing Party affix at a minimum, the legend 16 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 || contains protected material. If only a portion of the material on a page qualifies for 18 || protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 19 || by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for inspection 21 || need not designate them for protection until after the inspecting Party has indicated 22 || which documents it would like copied and produced. During the inspection and before 23 || the designation, all of the material made available for inspection shall be deemed 24 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 25 || copied and produced, the Producing Party must determine which documents, or portions 26 || thereof, qualify for protection under this Order. Then, before producing the specified 27 || documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 28 || that contains Protected Material. If only a portion of the material on a page qualifies for 6. STIPULATION AND PROTECTIVE ORDER

1 || protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 2 || by making appropriate markings in the margins). 3 (b) for testimony given in depositions that the Designating Party identifies 4 || the Disclosure or Discovery Material on the record, before the close of the deposition 5 || all protected testimony. 6 (c) for information produced in some form other than documentary and for 7 || any other tangible items, that the Producing Party affix in a prominent place on the 8 || exterior of the container or containers in which the information is stored the legend 9 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 10 || protection, the Producing Party, to the extent practicable, shall identify the protected 11 || portion(s). 12 6.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 || failure to designate qualified information or items does not, standing alone, waive the 14 || Designating Party’s right to secure protection under this Order for such material. Upon 15 || timely correction of a designation, the Receiving Party must make reasonable efforts to 16 || assure that the material is treated in accordance with the provisions of this Order. 17 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 19 || designation of confidentiality at any time that is consistent with the Court’s Scheduling 20 || Order. 21 7.2. Meet_and Confer. The Challenging Party shall initiate the dispute 22 || resolution process under Local Rule 37-1 et seq. 23 7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 24 || stipulation pursuant to Local Rule 37-2. 25 7.4. The burden of persuasion in any such challenge proceeding shall be on the 26 || Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 27 || to harass or impose unnecessary expenses and burdens on other parties) may expose the 28 || Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 7. STIPULATION AND PROTECTIVE ORDER

1 || the confidentiality designation, all parties shall continue to afford the material in 2 || question the level of protection to which it is entitled under the Producing Party’s 3 || designation until the Court rules on the challenge. 4 8. ACCESS TO AND USE OF PROTECTED MATERIAL 5 8.1 Basic Principles. A Receiving Party may use Protected Material that is 6 || disclosed or produced by another Party or by a Non-Party in connection with this Action 7 || only for prosecuting, defending or attempting to settle this Action. Such Protected 8 || Material may be disclosed only to the categories of persons and under the conditions 9 || described in this Order. When the Action has been terminated, a Receiving Party must 10 || comply with the provisions of section 14 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 || location and in a secure manner that ensures that access is limited to the persons 13 || authorized under this Order. 14 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 15 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party 16 || may disclose any information or item designated “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 18 || as employees of said Outside Counsel of Record to whom it is reasonably necessary to 19 || disclose the information for this Action; 20 (b) the officers, directors, and employees (including House Counsel) of the 21 || Receiving Party to whom disclosure is reasonably necessary for this Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 || disclosure is reasonably necessary for this Action and who have signed the 24 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and Professional 28 || Vendors to whom disclosure is reasonably necessary for this Action and who have 8. STIPULATION AND PROTECTIVE ORDER

1 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (g) the author or recipient of a document containing the information or a 3 || custodian or other person who otherwise possessed or knew the information; 4 (h) during their depositions, witnesses, and attorneys for witnesses, in the 5 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 6 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 7 || not be permitted to keep any confidential information unless they sign the 8 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 9 || by the Designating Party or ordered by the court. Pages of transcribed deposition 10 || testimony or exhibits to depositions that reveal Protected Material may be separately 11 || bound by the court reporter and may not be disclosed to anyone except as permitted 12 || under this Stipulated Protective Order; and 13 (i) any mediators or settlement officers and their supporting personnel, 14 || mutually agreed upon by any of the parties engaged in settlement discussions. 15 9. PROTECTED —_ MATERIAL —~ SUBPOENAED ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation that 18 || compels disclosure of any information or items designated in this Action as 19 | “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification 21 || shall include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order 23 || to issue in the other litigation that some or all of the material covered by the subpoena 24 |) or order is subject to this Protective Order. Such notification shall include a copy of this 25 || Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be 27 || pursued by the Designating Party whose Protected Material may be affected. If the 28 || Designating Party timely seeks a protective order, the Party served with the subpoena 9. STIPULATION AND PROTECTIVE ORDER

1 || or court order shall not produce any information designated in this action as 2 | “CONFIDENTIAL” before a determination by the court from which the subpoena or 3 || order issued, unless the Party has obtained the Designating Party’s permission. The 4 || Designating Party shall bear the burden and expense of seeking protection in that court 5 || of its confidential material and nothing in these provisions should be construed as 6 || authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 7 || from another court. 8 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 9 PRODUCED IN THIS LITIGATION 10 (a) The terms of this Order are applicable to information produced by a 11 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 12 || produced by Non-Parties in connection with this litigation is protected by the remedies 13 || and relief provided by this Order. Nothing in these provisions should be construed as 14 || prohibiting a Non-Party from seeking additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to 16 || produce a Non-Party’s confidential information in its possession, and the Party is 17 || subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 18 || information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party that 20 || some or all of the information requested is subject to a confidentiality agreement with 21 || a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 24 || specific description of the information requested; and 25 (3) make the information requested available for inspection by the Non- 26 || Party, if requested. 27 (c) If the Non-Party fails to seek a protective order from this court within 28 || 14 days of receiving the notice and accompanying information, the Receiving Party may 10. STIPULATION AND PROTECTIVE ORDER

1 || produce the Non-Party’s confidential information responsive to the discovery request. 2 || If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 3 || any information in its possession or control that is subject to the confidentiality 4 || agreement with the Non-Party before a determination by the court. Absent a court order 5 || to the contrary, the Non-Party shall bear the burden and expense of seeking protection 6 || 1n this court of its Protected Material. 7 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 || Protected Material to any person or in any circumstance not authorized under this 10 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 11 || the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 12 || all unauthorized copies of the Protected Material, (c) inform the person or persons to 13 || whom unauthorized disclosures were made of all the terms of this Order, and (d) request 14 || such person or persons to execute the “Acknowledgment an Agreement to Be Bound” 15 || attached hereto as Exhibit A. 16 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 17 PROTECTED MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain 19 || inadvertently produced material is subject to a claim of privilege or other protection, 20 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 21 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 22 || may be established in an e-discovery order that provides for production without prior 23 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 24 || parties reach an agreement on the effect of disclosure of a communication or 25 || information covered by the attorney-client privilege or work product protection, the 26 || parties may incorporate their agreement in the stipulated protective order submitted to 27 || the court. 28 || \\ 11. STIPULATION AND PROTECTIVE ORDER

1 13. MISCELLANEOUS 2 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 || person to seek its modification by the Court in the future. 4 13.2 Right to Assert Other Objections. By stipulating to the entry of this 5 || Protective Order, no Party waives any right it otherwise would have to object to 6 || disclosing or producing any information or item on any ground not addressed in this 7 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 || ground to use in evidence of any of the material covered by this Protective Order. 9 13.3. Filing Protected Material. A Party that seeks to file under seal any 10 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 11 || only be filed under seal pursuant to a court order authorizing the sealing of the specific 12 || Protected Material. If a Party’s request to file Protected Material under seal is denied 13 || by the court, then the Receiving Party may file the information in the public record 14 || unless otherwise instructed by the court. 15 14. FINAL DISPOSITION 16 After the final disposition of this Action, within 60 days of a written request by 17 || the Designating Party, each Receiving Party must return all Protected Material to the 18 || Producing Party or destroy such material. As used in this subdivision, “all Protected 19 || Material’ includes all copies, abstracts, compilations, summaries, and any other format 20 || reproducing or capturing any of the Protected Material. Whether the Protected Material 21 || is returned or destroyed, the Receiving Party must submit a written certification to the 22 || Producing Party (and, if not the same person or entity, to the Designating Party) by the 23 || 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 24 || Material that was returned or destroyed and (2) affirms that the Receiving Party has not 25 || retained any copies, abstracts, compilations, summaries or any other format reproducing 26 || or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 27 || entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 28 || hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 12. STIPULATION AND PROTECTIVE ORDER

1 || expert reports, attorney work product, and consultant and expert work product, even if 2 || such materials contain Protected Material. Any such archival copies that contain or 3 || constitute Protected Material remain subject to this Protective Order. 4 15. MIOLATION 5 Any violation of this Order may be punished by appropriate measures including, 6 || without limitation, contempt proceedings and/or monetary sanctions. 7 g | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9 10 DATED: January 24, 2020 11 12 7 aun hewsnsn_ 13 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE

15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. STIPULATION AND PROTECTIVE ORDER

1 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. STIPULATION AND PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am 5 || about to receive Protected Material supplied in connection with the Action: Valerie 6 || Morales v. Sprint Communications, L.P., et al., USDC Central District of California 7 || Case No. 2:19-cv-7937 SVW (KSx). I understand that said Protected Material is 8 || provided to me subject to the terms and restrictions of the Stipulated Protective Order 9 || filed in this Action. I have been given a copy of the Stipulated Protective Order; I have 10 || read it; and, I agree to be bound by its terms. I understand that Protected Material as 11 || defined in the Stipulated Protective Order, including any notes or other records that may 12 || be made regarding any such materials, shall not be disclosed to anyone, except as 13 || expressly permitted by the Stipulated Protective Order. I will not copy or use, except 14 || solely for the purposes of this Action, any Protected Material obtained pursuant to the 15 || Stipulated Protective Order, except as provided therein or otherwise ordered by the 16 || Court in the Action. I further understand that I am to retain all copies of all Protected 17 || Material provided to me in a secure manner, and that all copies of such Protected 18 || Material are to remain in my personal custody and control until termination of my 19 |) participation in this Action, whereupon the copies of such Materials will be returned to 20 || counsel who provided me with such Material. Dated: — Signature 22 □ 3 Print Name

24 Title 25 Address °° City, State, Zip 27 □ 58 || seoxcons-aso> 1 ooouee i032 Telephone Number

1.