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3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 ROBERT CHAN, an individual Case No.: 8:19-cv-02162-JVS (JDEx)

12 Plaintiff, The Honorable James V. Selna] 13 v. Magistrate Judge: The Honorable John 14 CANADIAN STANDARDS D. Early ASSOCIATION, CSA AMERICA 15 STANDARDS, INC. and DOES 1 STIPULATED PROTECTIVE through 25, inclusive ORDER 16 Defendants. 17 Action Filed: October 9, 2019 Action Removed: November 8, 2019 18 19 Based on the Stipulation of the parties, and good cause appearing therefor, 20 the Court finds and orders as follows. 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public 24 disclosure and from use for any purpose other than pursuing this litigation may be 25 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 2. GOOD CAUSE STATEMENT 4 This action is likely to involve non-public information relating to 5 Defendants’ business practices and processes, including but not limited to 6 Defendants’ processes for reviewing and certifying products with the CSA mark, 7 for which special protection from public disclosure and from use for any purpose 8 other than prosecution or defense of this action is warranted. Such confidential and 9 proprietary materials and information consist of, among other things, information 10 regarding confidential business practices, or other confidential commercial or 11 personal information (including information implicating privacy rights of third 12 parties), and information otherwise generally unavailable to the public, or which 13 may be privileged or otherwise protected from disclosure under state or federal 14 statutes, court rules, case decisions, or common law. Accordingly, to expedite the 15 flow of information, to facilitate the prompt resolution of disputes over 16 confidentiality of discovery materials, to adequately protect information the parties 17 are entitled to keep confidential, to ensure that the parties are permitted reasonable 18 and necessary uses of such material in preparation for and in the conduct of trial, to 19 address their handling at the end of the litigation, and serve the ends of justice, a 20 protective order for such information is justified in this matter. It is the intent of the 21 parties that information will not be designated as confidential for tactical reasons 22 and that nothing be so designated without a good faith belief that it has been 23 maintained in a confidential, non-public manner, and there is good cause why it 24 should not be part of the public record of this case. 25 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 26 PROCEDURE 27 The parties further acknowledge, as set forth in Section 14.3, below, that this 28 Stipulated Protective Order does not entitle them to file confidential information 1 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 and the standards that will be applied when a party seeks permission from the court 3 to file material under seal. There is a strong presumption that the public has a right 4 of access to judicial proceedings and records in civil cases. In connection with non- 5 dispositive motions, good cause must be shown to support a filing under seal. See 6 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 7 Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 8 Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even 9 stipulated protective orders require good cause showing), and a specific showing of 10 good cause or compelling reasons with proper evidentiary support and legal 11 justification, must be made with respect to Protected Material that a party seeks to 12 file under seal. The parties’ mere designation of Disclosure or Discovery Material 13 as CONFIDENTIAL does not— without the submission of competent evidence by 14 declaration, establishing that the material sought to be filed under seal qualifies as 15 confidential, privileged, or otherwise protectable—constitute good cause. 16 Further, if a party requests sealing related to a dispositive motion or trial, 17 then compelling reasons, not only good cause, for the sealing must be shown, and 18 the relief sought shall be narrowly tailored to serve the specific interest to be 19 protected. See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 20 2010). For each item or type of information, document, or thing sought to be filed 21 or introduced under seal, the party seeking protection must articulate compelling 22 reasons, supported by specific facts and legal justification, for the requested sealing 23 order. Again, competent evidence supporting the application to file documents 24 under seal must be provided by declaration. 25 Any document that is not confidential, privileged, or otherwise protectable in 26 its entirety will not be filed under seal if the confidential portions can be redacted. 27 If documents can be redacted, then a redacted version for public viewing, omitting 28 only the confidential, privileged, or otherwise protectable portions of the document, 1 shall be filed. Any application that seeks to file documents under seal in their 2 entirety should include an explanation of why redaction is not feasible. 3 4. DEFINITIONS 4 4.1 Action: This pending federal lawsuit, Chan vs. Canadian Standards 5 Association, et al., Case No. 8:19-cv-02162-JVS-JDE. 6 4.2 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 how it is generated, stored or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 11 the Good Cause Statement. 12 4.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as 13 their support staff). 14 4.5 Designating Party: a Party or Non-Party that designates information or 15 items that it produces in disclosures or in responses to discovery as 16 “CONFIDENTIAL.” 17 4.6 Disclosure or Discovery Material: all items or information, regardless 18 of the medium or manner in which it is generated, stored, or maintained (including, 19 among other things, testimony, transcripts, and tangible things), that are produced 20 or generated in disclosures or responses to discovery. 21 4.7 Expert: a person with specialized knowledge or experience in a matter 22 pertinent to the litigation who has been retained by a Party or its counsel to serve as 23 an expert witness or as a consultant in this Action. 24 4.8 In-House Counsel: attorneys who are employees of a party to this 25 Action. In-House Counsel does not include Outside Counsel of Record or any 26 other outside counsel. 27 4.9 Non-Party: any natural person, partnership, corporation, association or 28 other legal entity not named as a Party to this action. 1 4.10 Outside Counsel of Record: attorneys who are not employees of a 2 party to this Action but are retained to represent a party to this Action and have 3 appeared in this Action on behalf of that party or are affiliated with a law firm that 4 has appeared on behalf of that party, and includes support staff. 5 4.11 Party: any named party(s) to this Action and CSA America Testing & 6 Certification LLC. 7 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 8 Discovery Material in this Action. 9 4.13 Professional Vendors: persons or entities that provide litigation 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 13 4.14 Protected Material: any Disclosure or Discovery Material that is 14 designated as “CONFIDENTIAL.” 15 4.15 Receiving Party: a Party that receives Disclosure or Discovery 16 Material from a Producing Party. 17 5. SCOPE 18 The protections conferred by this Stipulation and Order cover any Protected 19 Material (as defined above). 20 Any use of Protected Material at trial shall be governed by the orders of the 21 trial judge and other applicable authorities. This Order does not govern the use of 22 Protected Material at trial. 23 6. DURATION 24 Once a case proceeds to trial, information that was designated as 25 CONFIDENTIAL or maintained pursuant to this protective order used or 26 introduced as an exhibit at trial becomes public and will be presumptively available 27 to all members of the public, including the press, unless compelling reasons 28 supported by specific factual findings to proceed otherwise are made to the trial 1 judge in advance of the trial. See Kamakana,

(distinguishing 2 “good cause” showing for sealing documents produced in discovery from 3 “compelling reasons” standard when merits-related documents are part of court 4 record). Accordingly, the terms of this protective order do not extend beyond the 5 commencement of the trial. 6 7. DESIGNATING PROTECTED MATERIAL 7 7.1 Exercise of Restraint and Care in Designating Material for 8 Protection. Each Party or Non-Party that designates information or 9 items for protection under this Order must take care to limit any such designation to 10 specific material that qualifies under the appropriate standards. The Designating 11 Party must designate for protection only those parts of material, documents, items 12 or oral or written communications that qualify so that other portions of the material, 13 documents, items or communications for which protection is not warranted are not 14 swept unjustifiably within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to 18 impose unnecessary expenses and burdens on other parties) may expose the 19 Designating Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that it 21 designated for protection do not qualify for protection, that Designating Party must 22 promptly notify all other Parties that it is withdrawing the inapplicable designation. 23 7.2 Manner and Timing of Designations. Except as otherwise provided in 24 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 25 that qualifies for protection under this Order must be clearly so designated before 26 the material is disclosed or produced. 27 Designation in conformity with this Order requires: 28 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion of the material on a page qualifies for 6 protection, the Producing Party also must clearly identify the protected portion(s) 7 (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and 11 before the designation, all of the material made available for inspection shall be 12 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine 14 which documents, or portions thereof, qualify for protection under this Order. Then, 15 before producing the specified documents, the Producing Party must affix the 16 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 17 portion of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings 19 in the margins). 20 (b) for testimony given in depositions that the Designating Party 21 identifies the Disclosure or Discovery Material on the record, before the close of 22 the deposition all protected testimony. 23 (c) for information produced in some form other than documentary and 24 for any other tangible items, that the Producing Party affix in a prominent place on 25 the exterior of the container or containers in which the information is stored the 26 legend “CONFIDENTIAL.” If only a portion or portions of the information 27 warrants protection, the Producing Party, to the extent practicable, shall identify the 28 protected portion(s). 1 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such 4 material. In the event that any Document, Testimony or Information that is subject 5 to a “CONFIDENTIAL” designation is inadvertently produced without such 6 designation, the Party that inadvertently produced the document shall give written 7 notice of such inadvertent production within fifteen (15) calendar days of the 8 inadvertent production, together with a further copy of the subject Document, 9 Testimony or Information designated as “CONFIDENTIAL.” Upon timely 10 correction of a designation, the Receiving Party must make reasonable efforts to 11 assure that the material is treated in accordance with the provisions of this Order. 12 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court’s 15 Scheduling Order. 16 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 17 resolution process under Local Rule 37-1 et seq. 18 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 19 joint stipulation pursuant to Local Rule 37-2. 20 8.4 The burden of persuasion in any such challenge proceeding shall be on 21 the Designating Party. Frivolous challenges, and those made for an improper 22 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 23 parties) may expose the Challenging Party to sanctions. Unless the Designating 24 Party has waived or withdrawn the confidentiality designation, all parties shall 25 continue to afford the material in question the level of protection to which it is 26 entitled under the Producing Party’s designation until the Court rules on the 27 challenge. 28 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under the 6 conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 15 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including In-House 20 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 21 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 hereto) 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 1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 2 (g) the author or recipient of a document containing the information or 3 a custodian or other person who otherwise possessed or knew the information; 4 (h) during their depositions, witnesses, and attorneys for witnesses, in 5 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 6 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 7 they will not be permitted to keep any confidential information unless they sign the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 9 agreed by the Designating Party or ordered by the court. Pages of transcribed 10 deposition testimony or exhibits to depositions that reveal Protected Material may 11 be separately bound by the court reporter and may not be disclosed to anyone 12 except as permitted 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 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 that 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 23 order to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall include 25 a copy of this 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 1 subpoena or court order shall not produce any information designated in this action 2 as “CONFIDENTIAL” before a determination by the court from which the 3 subpoena or order issued, unless the Party has obtained the Designating Party’s 4 permission. The Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material and nothing in these provisions 6 should be construed as authorizing or encouraging a Receiving Party in this Action 7 to disobey a lawful directive from another court. 8 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 9 BE 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 13 remedies and relief provided by this Order. Nothing in these provisions should be 14 construed as 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 18 confidential information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party 20 that some or all of the information requested is subject to a confidentiality 21 agreement with 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 26 Non-Party, if requested. 27 (c) If the Non-Party fails to seek a protective order from this court 28 within 14 days of receiving the notice and accompanying information, the 1 Receiving Party may produce the Non-Party’s confidential information responsive 2 to the discovery request. If the Non-Party timely seeks a protective order, the 3 Receiving Party shall not produce any information in its possession or control that 4 is subject to the confidentiality agreement with the Non-Party before a 5 determination by the court. Absent a court order to the contrary, the Non-Party shall 6 bear the burden and expense of seeking protection in this court of its Protected 7 Material. 8 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 9 MATERIAL 10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 11 Protected Material to any person in any circumstance not authorized under this 12 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 13 writing the Designating Party of the unauthorized disclosures, (b) use its best 14 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 15 person or persons to whom unauthorized disclosures were made of all the terms of 16 this Order, and (d) request such person or persons to execute the “Acknowledgment 17 an Agreement to Be Bound” attached hereto as Exhibit A. 18 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 19 OTHERWISE PROTECTED MATERIAL 20 When a Producing Party gives notice to Receiving Parties that certain 21 inadvertently produced material is subject to a claim of privilege or other 22 protection, the obligations of the Receiving Parties are those set forth in Federal 23 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 24 whatever procedure may be established in an e-discovery order that provides for 25 production without prior privilege review. Pursuant to Federal Rule of Evidence 26 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 27 of a communication or information covered by the attorney-client privilege or work 28 1 product protection, the parties may incorporate their agreement in the stipulated 2 protective order submitted to the court. 3 14. MISCELLANEOUS 4 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 person to seek its modification by the Court in the future. 6 14.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order, no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in 9 this Stipulated Protective Order. Similarly, no Party waives any right to object on 10 any ground to use in evidence of any of the material covered by this Protective 11 Order. 12 14.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Local Civil Rule 79-5. Protected Material 14 may only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material. If a Party’s request to file Protected Material under seal 16 is denied by the court, then the Receiving Party may file the information in the 17 public record unless otherwise instructed by the court. 18 15. FINAL DISPOSITION 19 After the final disposition of this Action, as defined in paragraph 6, within 60 20 days of a written request by the Designating Party, each Receiving Party must 21 return all Protected Material to the Producing Party or destroy such material. As 22 used in this subdivision, “all Protected Material” includes all copies, abstracts, 23 compilations, summaries, and any other format reproducing or capturing any of the 24 Protected Material. Whether the Protected Material is returned or destroyed, the 25 Receiving Party must submit a written certification to the Producing Party (and, if 26 not the same person or entity, to the Designating Party) by the 60-day deadline that 27 (1) identifies (by category, where appropriate) all the Protected Material that was 28 returned or destroyed and (2) affirms that the Receiving Party has not retained any 1 || copies, abstracts, compilations, summaries or any other format reproducing or 2 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 3 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 4 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 5 || and trial exhibits, expert reports, attorney work product, and consultant and expert 6 || work product, even if such materials contain Protected Material. Any such archival 7 || copies that contain or constitute Protected Material remain subject to this Protective 8 || Order as set forth in Section 6 (DURATION). 9 16. VIOLATION 10 Any violation of this Order may be punished by appropriate measures 11 |) including, without limitation, contempt proceedings and/or monetary sanctions. 12 13 Based on the parties’ Stipulation, for good case shown, IT IS SO 14 || ORDERED. 15 | DATED: June 16, 2020 17 i □□ be je 19 J ~EARLY ed States Magistrate J 20 21 22 23 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND BY 3 PROTECTIVE ORDER 4 I acknowledge that I, ___________________________________ [NAME], 5 _________________________________________________ [POSITION AND 6 EMPLOYER], am about to receive Protected Material (which is Disclosure or 7 Discovery Material that is designated as “CONFIDENTIAL”) supplied in 8 connection with the proceeding entitled ROBERT CHAN v. CANADIAN 9 STANDARDS ASSOCIATION, CSA AMERICA STANDARDS, INC., et al., Case No. 10 8:19-cv-02162-JVS-JDE. I acknowledge and agree that the Protected Material is 11 provided to me subject to the terms and restrictions of the Protective Order filed in 12 this Proceeding. I have been given a copy of the Protective Order, I have read it, 13 and I agree to be bound by its terms. 14 I understand that Protected Material, as defined in the Protective Order, 15 including any notes or other records that may be made regarding any such Protected 16 Material, shall not be Disclosed to anyone except as expressly permitted by the 17 Protective Order. I will not copy or use, except solely for the purposes of this 18 Proceeding, any Protected Material obtained pursuant to this Protective Order, 19 except as provided therein or otherwise ordered by the Court in the Proceeding. 20 I further understand that I am to retain all copies of all Protected Material 21 provided to me in the Proceeding in a secure manner, and that all copies of such 22 Protected Material are to remain in my personal custody until termination of my 23 participation in this Proceeding, whereupon the copies of such Protected Material 24 will be returned to counsel who provided me with such Protected Material. 25 I acknowledge that by signing this agreement I am subjecting myself to the 26 jurisdiction of the United States District Court for the Central District of California 27 with respect to enforcement of this Protective Order. 28 I understand that violation of this Protective Order may subject me to 1 sanctions for contempt of court. 2 I declare under penalty of perjury under the laws of the United States of 3 America that the foregoing is true and correct. Executed this day of 4 , 2020, at, , California. 5 6 DATED: BY: Signa ture 7 Tit le 8 Add ress 9 Telephone Number 10

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