1 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 2 Norman B. Blumenthal, Esq. (State Bar No. 068687) 3 Kyle R. Nordrehaug, Esq. (State Bar No. 205975) Aparajit Bhowmik, Esq. (State Bar No. 248066) 4 Christine T. LeVu, Esq. (State Bar No. 288271) Andrew Ronan (State Bar #312316) 5 2255 Calle Clara La Jolla, California 92037 6 Tel: (858) 551-1223 7 Fax: (858) 551-1232 Email(s): [email protected] 8 [email protected] [email protected] 9 [email protected] [email protected] 10

11 Attorneys for Plaintiffs

12 (Additional counsel listed on next page)

13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 SALVADOR REYNOSA, JR., NATALIE Case No. 2:21-cv-01096-WBS-KJN HEREDIA AND ALBERTO MUNIZ, 18 individuals, on behalf of themselves and on behalf of all persons similarly situated, [Discovery Matter] 19 Plaintiffs, STIPULATION FOR PROTECTIVE 20 ORDER REGARDING vs. CONFIDENTIALITY OF 21 DOCUMENTS & INFORMATION HOME DEPOT U.S.A., INC., a Corporation; 22 and DOES 1 through 50, Inclusive, United States Magistrate Judge Kendall J. 23 Defendants. Newman 24 25

26 27 28 1 MORGAN, LEWIS & BOCKIUS LLP Barbara J. Miller (SBN 167223) 2 Alexander L. Grodan (SBN 261374) David J. Rashe (SBN 318400) 3 Mayra Negrete (SBN 333491) 600 Anton Blvd., Suite 1800 4 Costa Mesa, CA 92626 Tel: +1.714.830.0600 5 Fax: +1.714.830.0700 [email protected] 6 [email protected] [email protected] 7 [email protected] 8 Attorneys for Defendant HOME DEPOT U.S.A., INC. 9 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiffs SALVADOR REYNOSA, JR., NATALIE HEREDIA and ALBERTO MUNIZ 2 (collectively “Plaintiffs”) and Defendant HOME DEPOT U.S.A., INC. (“Defendant”) (together, 3 the “Parties”) hereby stipulate by and through their respective attorneys of record to the terms of 4 the below protective order and request that the Court approve the stipulated protective order 5 pursuant to Local Rule 141.1 and 143. 6 As set forth in the proposed order, disclosure and discovery activity in this action are 7 likely to involve production of confidential, proprietary, and/or private information, including but 8 not limited to operational and financial data, wage data and personal and financial information 9 regarding putative class members, for which special protection from public disclosure and from 10 use for any purpose other than prosecuting this litigation may be warranted. The parties in this 11 action as well as putative class members and other third parties may be irreparably harmed if such 12 private, confidential information, as defined in the order, is publicly disseminated. The proposed 13 order is necessary for the purpose of protecting the interests of confidential information in the 14 parties’ possession, to control the access to and use of such information, and to provide a 15 mechanism for enforcement of such protection and control. Accordingly, the parties hereby 16 stipulate to and petition the court to enter the following Stipulated Protective Order. 17 Dated: December 8, 2021 MORGAN, LEWIS & BOCKIUS LLP 18 By /s/ Alexander L. Grodan 19 Barbara J. Miller Alexander L. Grodan 20 Attorneys for Defendant 21 HOME DEPOT U.S.A., INC.

22 DATED: December 8, 2021 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 23 By: /s/ Christine T. LeVu 24 Norman B. Blumenthal Kyle Nordrehaug 25 Aparajit Bhowmik Christine T. LeVu 26

Attorneys for Plaintiffs 27

28 1 CONFIDENTIALITY ORDER 2 To adequately protect material entitled to be kept confidential, expedite the flow of 3 discovery and facilitate the prompt resolution of disputes over confidentiality, it is HEREBY 4 ORDERED that: 5 1. Documents or information produced or provided by the parties during the course 6 of discovery in the above-styled matter may be designated as “Confidential Information” so long 7 as the party who seeks confidentiality has a good faith belief that such document or information is 8 entitled to confidentiality under the terms of this Order. 9 2. For purposes of this Order, “Confidential Information” means (a) any personnel or 10 personal information for employees of defendant Home Depot U.S.A., Inc. (“Home Depot”), its 11 parent or subsidiaries, including any personnel database identifying such employees, (b) any 12 document or information designated as confidential in accordance with paragraph 6 of this Order, 13 and (c) any aggregation of Confidential Information. The identification of an individual 14 document or category of documents or information as Confidential Information under paragraphs 15 2(b) or 2(c) may be challenged pursuant to paragraph 10 of this Order. 16 3. For purposes of this Order, “Document” means all written, recorded, or graphic 17 material, in hard copy or electronic format, including but not limited to deposition transcripts and 18 exhibits, trial and hearing transcripts and exhibits, pleadings, motions, affidavits, and briefs that 19 may quote, summarize, or contain Confidential Information. 20 4. For purposes of this Order, “Producing Party” means a party that produces 21 Confidential Information or other information in connection with this litigation. 22 5. For purposes of this Order, “Recipient” means a named party in this litigation (or 23 counsel thereto and their agents) who receives Confidential Information or other information in 24 connection with the litigation. 25 6. A. The Producing Party may designate as Confidential Information any 26 information it believes to be confidential, including, without limitation, (i) non-public information 27 about a past, present or potential employee of Home Depot or a subsidiary, including personnel 28 records, evaluations, compensation levels, databases, surveys, statistical analyses, analyses of 1 personnel practices, or other information incorporating or aggregating information pertaining to 2 individuals, and (ii) trade secrets or other non-public proprietary, strategic or commercial 3 information, data or research of Home Depot or one or more of its subsidiaries. 4 B. To designate Confidential Information on Documents, the Producing Party 5 shall place a legend or stamp upon the Document indicating such in a way that brings the 6 designation to the attention of a reasonable examiner, or otherwise puts the Recipient on 7 reasonable notice that it contains Confidential Information. To designate Confidential 8 Information in testimony (or in exhibits referred to therein), the Producing Party shall (a) make an 9 oral statement to that effect on the record, or (b) notify the Recipient in writing at any time up 10 until twenty (20) days after receipt of the transcript. 11 7. The Recipient of Confidential Information shall use that information solely in 12 connection with this litigation, and shall not disclose Confidential Information to any person 13 except: 14 a) named plaintiffs, in accordance with the procedures set forth in 15 paragraph 8 of this Order; 16 b) the Court and its officers (including court reporters); 17 c) counsel of record in this action and employees of counsel in this 18 action who have been actively engaged in the conduct of this 19 litigation; 20 d) Home Depot’s or its subsidiaries’ or affiliates’ in-house counsel; 21 e) experts or litigation consultants engaged by counsel to assist in this 22 litigation, provided that these expert witnesses or litigation 23 consultants expressly agree to be bound by the terms of this Order 24 and not to disclose Confidential Information except as permitted 25 herein; and 26 f) fact witnesses providing testimony by deposition or at any court 27 proceeding in this case but only in accordance with the procedures 28 set forth in paragraph 8 of this Order. 1 8. The Recipient of Confidential Information shall disclose such information to 2 persons set forth in paragraphs 7(a) or 7(f), of this Order only under the conditions set forth 3 below: 4 a) Prior to disclosure of Confidential Information to persons described 5 in paragraphs 7(a) or 7(f), the Recipient shall advise that person that, 6 pursuant to this Order, he or she may not divulge such information to any 7 other individual. 8 b) Any person who receives Confidential Information pursuant to 9 paragraphs 7(a) or 7(f), shall execute an Agreement in the form annexed 10 hereto as Exhibit A. Each original, executed Agreement shall be 11 maintained in the files of the Recipient and shall be available for review by 12 all counsel and parties upon reasonable notice. 13 c) The Recipient who discloses Confidential Information pursuant to 14 paragraphs 7(a) or 7(f), shall maintain a list specifically identifying the 15 persons to whom the information was disclosed and the Bates number 16 and/or other means sufficient to identify such information disclosed. 17 9. In the event the Recipient disputes the Producing Party’s designation of individual 18 documents or a category of documents or information as Confidential Information, the Recipient 19 shall notify the Producing Party in writing of such dispute. In an effort to settle such dispute 20 without judicial intervention, the parties shall meet and confer to determine whether the 21 restrictions imposed by this Order are warranted with respect to such disputed information. If 22 resolution of the dispute cannot be reached, the Recipient may apply to the Court for an 23 appropriate determination. In connection with such an application, the Producing Party shall bear 24 the burden to show that the information is entitled to continued protection under the Federal Rules 25 of Civil Procedure and applicable case law. During the pendency of such dispute or application, 26 and until the court may rule otherwise, the information designated Confidential Information shall 27 remain subject to the designations and restrictions of this Order. 28 1 10. Inadvertent failure to designate Confidential Information shall not be construed as 2 a waiver, in whole or in part, and may be corrected by the Producing Party by written notification 3 to the Recipient promptly upon discovery of the failure to designate. 4 11. All information obtained by a Recipient in discovery in this litigation, regardless 5 of whether it is Confidential Information, shall be used by the Recipient solely for the prosecution 6 or defense of the claims in this litigation, and shall not be used by the Recipient in any other legal 7 action, or for any business, commercial, competitive, personal, publicity, media or other purpose, 8 except that nothing herein shall preclude Home Depot (or a subsidiary of it) from pursuing legal 9 or other business action in discovered instances of misconduct as to its own employees or 10 ensuring that its employees are acting in accordance with the law. No Recipient or other person 11 to whom Confidential Information is disclosed shall copy, transcribe, or otherwise reproduce in 12 written or any other form any part or portion of any Confidential Information except as necessary 13 for purposes of the litigation. 14 12. Within fifteen business days after the conclusion of this litigation and upon written 15 request by the Producing Party, by adjudication (including appeals) or otherwise, the Recipient 16 shall return to the Producing Party all Confidential Information, all copies of such information, 17 and any Documents incorporating such information. Alternatively, at the request of the 18 Producing Party and upon written request, the Recipient shall destroy all such materials and 19 certify in writing that all such materials have been destroyed. 20 13. Confidential Information shall not be filed in the public record of this litigation. 21 Any Confidential Information that is filed with the Court, and any pleadings, motions, or other 22 papers filed with the Court containing such information, shall be filed in a sealed envelope 23 accompanied by a request that the Court file and maintain the information under seal. 24 Where possible, only the portions of filings containing Confidential Information shall be filed 25 with the Court under seal. 26 14. The restrictions set forth in this Order shall not apply to: 27 a) information that was, is or becomes public knowledge through its 28 authorized release by a person or entity who rightfully obtained and 1 possesses such information during the normal course of business, and not 2 in violation of this Order; 3 b) Home Depot (or its subsidiaries), with respect to its own 4 information or information received or created during the normal course of 5 its own business, excluding any confidential payroll or personnel records of 6 the named Plaintiffs or Class Members. 7 Whether information that becomes a matter of public record in any other manner may still be 8 subject to protection as confidential shall be determined according to the standards and 9 procedures set forth in paragraphs 2 through 10 of this Order. The owner of Confidential 10 Information shall be able to seek protection of that information in accordance with paragraph 6 of 11 this Order even if it did not produce that information in discovery. 12 15. Nothing in this Order shall be deemed to be a limit or waiver of the attorney-client 13 privilege, the work product privilege, or any other relevant privilege. Further, inadvertent 14 production of privileged information shall not waive the privilege. If privileged information is 15 inadvertently produced, the Recipient agrees that, upon request from the Producing Party, it shall 16 promptly return all copies of Documents containing the privileged information, delete any 17 versions of the Documents containing the privileged information on any database or computer 18 filing system it maintains, and make no use of the privileged information. 19 16. Nothing in this Order shall prohibit any party from objecting to the production or 20 disclosure of Confidential Information solely on the grounds that such information is confidential 21 or sensitive, or on any other grounds. Furthermore, nothing in this Order shall preclude the 22 parties from objecting to the admissibility or use of Confidential Information. 23 17. In the event plaintiffs or their counsel obtain information of Home Depot’s (or its 24 subsidiaries) from a third party that Home Depot believes is confidential, Home Depot may 25 designate such information Confidential Information pursuant to this and Order and it shall be 26 treated as such in accordance with this Order. 27 18. If a Recipient discloses Confidential Information in a manner not authorized 28 herein, the Recipient must immediately and in writing notify the Producing Party of all pertinent 1 || facts relating to such disclosure and, without prejudice to other rights and remedies of the 2 || Producing Party, make every effort to prevent further disclosure by the Recipient or by the person 3 || to whom the Recipient disclosed such information. 4 19. The Court shall retain jurisdiction, both before and after the entry of final 5 || judgment in this case, whether by settlement or adjudication, to construe, enforce, and amend the 6 || provisions of this Order. 7 8 ORDER 9 The court has reviewed the parties’ stipulated protective order, and finds it comports with 10 || the relevant authorities and the court’s applicable local rule. See L.R. 141.1(c); see also Phillips 11 || ex rel. Estates of Byrd v. Gen. Motors Corp.,

, 1210 (9th Cir. 2002) (“Generally, 12 || the public can gain access to litigation documents and information produced during discovery 13 || unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.”’). 14 |} Therefore, the court APPROVES the protective order subject to the following modifications. 15 First, paragraph 19 is DISAPPROVED because this court’s Local Rules provide that once 16 || this action is closed, “unless otherwise ordered, the court will not retain jurisdiction over 17 || enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f). Courts in 18 || the district generally do not agree to retain jurisdiction for disputes concerning protective orders 19 || after closure of the case. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc.,

20 || (E.D. Cal., Feb. 03, 2017). Based on this rationale, the court will not retain jurisdiction in this 21 || case once the case is closed. 22 Second, with respect to paragraph 13, the parties are instructed to follow Local Rule 141 23 || when making requests to file documents under seal. 24 || Dated: December 13, 2021 Foci) Aharon 2% KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 27 reyn.1096 28

AT LAW aA STIPULATION FOR PROTECTIVE ORDER

1 EXHIBIT A 2 AGREEMENT CONCERNING INFORMATION COVERED BY A PROTECTIVE ORDER ENTERED IN THE UNITED STATES 3 DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 The undersigned hereby acknowledges that he/she has read the Confidentiality Protective 7 Order (“Order”) in SALVADOR REYNOSA, JR., et al. v. HOME DEPOT U.S.A., INC., Civil 8 Action E.D. Cal. Case No. 2:21-cv-01096-WBS-KJN and understands its terms, agrees to be 9 bound by each of those terms, and agrees to subject himself/herself personally to the jurisdiction 10 of the Eastern District of California for the purpose of enforcing its terms. Specifically, and 11 without limitation upon such terms, the undersigned agrees not to use or disclose any Confidential 12 Information made available to him/her other than in accordance with the Order.

13 Dated: ___________________, 2021 14

15

16 By: ______________________________

17 _________________________________ 18 (Type or print name of individual) 19

20

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