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6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8

9 CASE NO. 2:21-cv-02070 MWF(AFMx)

Honorable Alexander F. MacKinnon 10 EL CARMEN, INC., a California

corporation, and Amerisal Foods, LLC,

11 a California Limited Liability [PROPOSED] PROTECTIVE Company, ORDER 12 Plaintiffs and 13 Counter- Defendants, 14

15 vs.

16 ELISEO RUBIO, an individual, MARTA RUBIO, an individual, and 17 ELISEO RUBIO and MARTA RUBIO DBA CHAPARRASTIQUE 18 WAREHOUSE,

19 Defendants and Counter-Plaintiffs. 20

21 1 I. PURPOSES AND LIMITATIONS 2 A. Discovery in this action is likely to involve production of

3 confidential, proprietary, or private information for which special protection 4 from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate

6 to and petition the Court to enter the following Stipulated Protective Order. 7 The parties acknowledge that this Order does not confer blanket protections 8 on all disclosures or responses to discovery and that the protection it affords 9 from public disclosure and use extends only to the limited information or

10 items that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section XIII(C), 12 below, that this Stipulated Protective Order does not entitle them to file

13 confidential information under seal; Civil Local Rule 79-5 sets forth the 14 procedures that must be followed and the standards that will be applied 15 when a party seeks permission from the Court to file material under seal. 16 II. GOOD CAUSE STATEMENT

17 A. This action is likely to involve trade secrets, customer and pricing 18 lists and other valuable commercial, financial and/or proprietary 19 information for which special protection from public disclosure and from

20 use for any purpose other than prosecution of this action is warranted. Such 21 1 confidential and proprietary materials and information consist of, among 2 other things, confidential business or financial information, information

3 regarding confidential business practices, or other confidential research, 4 development, or commercial information (including information 5 implicating privacy rights of third parties), information otherwise generally

6 unavailable to the public, or which may be privileged or otherwise 7 protected from disclosure under state or federal statutes, court rules, case 8 decisions, or common law. Accordingly, to expedite the flow of 9 information, to facilitate the prompt resolution of disputes over

10 confidentiality of discovery materials, to adequately protect information the 11 parties are entitled to keep confidential, to ensure that the parties are 12 permitted reasonable necessary uses of such material in preparation for and

13 in the conduct of trial, to address their handling at the end of the litigation, 14 and serve the ends of justice, a protective order for such information is 15 justified in this matter. It is the intent of the parties that information will 16 not be designated as confidential for tactical reasons and that nothing be so

17 designated without a good faith belief that it has been maintained in a 18 confidential, non-public manner, and there is good cause why it should not 19 be part of the public record of this case.

20 21 1 B. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 2 SEAL

3 The parties further acknowledge, as set forth in Section XIII.C., below, that 4 this Stipulated Protective Order does not entitle them to file confidential 5 information under seal; Local Civil Rule 79-5 sets forth the procedures that

6 must be followed and the standards that will be applied when a party seeks 7 permission from the court to file material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive

10 motions, good cause must be shown to support a filing under seal. See 11 Kamakana v. City and County of Honolulu,

(9th Cir. 12 2006), Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir.

13 2002), Makar-Welbon v. Sony Electrics, Inc.,

(E.D.

) (even stipulated protective orders require good cause showing), 15 and a specific showing of good cause or compelling reasons with proper 16 evidentiary support and legal justification, must be made with respect to

17 Protected Material that a party seeks to file under seal. The parties’ mere 18 designation of Disclosure or Discovery Material as CONFIDENTIAL does 19 not— without the submission of competent evidence by declaration,

20 21 1 establishing that the material sought to be filed under seal qualifies as 2 confidential, privileged, or otherwise protectable—constitute good cause.

3 Further, if a party requests sealing related to a dispositive motion or trial, 4 then compelling reasons, not only good cause, for the sealing must be 5 shown, and the relief sought shall be narrowly tailored to serve the specific

6 interest to be protected. See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For each item or type of information, 8 document, or thing sought to be filed or introduced under seal in connection 9 with a dispositive motion or trial, the party seeking protection must

10 articulate compelling reasons, supported by specific facts and legal 11 justification, for the requested sealing order. Again, competent evidence 12 supporting the application to file documents under seal must be provided by

13 declaration. 14 Any document that is not confidential, privileged, or otherwise protectable 15 in its entirety will not be filed under seal if the confidential portions can be 16 redacted. If documents can be redacted, then a redacted version for public

17 viewing, omitting only the confidential, privileged, or otherwise protectable 18 portions of the document, shall be filed. Any application that seeks to file 19 documents under seal in their entirety should include an explanation of why

20 redaction is not feasible. 21 1 III. DEFINITIONS 2 A. Action: El Carmen, Inc., et al. v. Eliseo Rubio, et al., C.D.Cal., Case

3 No. 2:21-cv-02070 MWF(afm). 4 B. Challenging Party: A Party or Non-Party that challenges the 5 designation of information or items under this Order.

6 C. “CONFIDENTIAL” Information or Items: Information (regardless 7 of how it is generated, stored or maintained) or tangible things that qualify 8 for protection under Federal Rule of Civil Procedure 26(c), and as specified 9 above in the Good Cause Statement.

10 D. Counsel: Outside Counsel of Record and House Counsel (as well as 11 their support staff). 12 E. Designating Party: A Party or Non-Party that designates information

13 or items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 F. Disclosure or Discovery Material: All items or information, 16 regardless of the medium or manner in which it is generated, stored, or

17 maintained (including, among other things, testimony, transcripts, and 18 tangible things), that are produced or generated in disclosures or responses 19 to discovery in this matter.

20 21 1 G. Expert: A person with specialized knowledge or experience in a 2 matter pertinent to the litigation who has been retained by a Party or its

3 counsel to serve as an expert witness or as a consultant in this Action. 4 H. “Highly Confidential – Attorneys’ Eyes Only” Information Or Items: 5 Information (regardless of how it is generated, stored, or maintained) or

6 tangible things that qualify for protection under Federal Rule of Civil 7 Procedure 26(c) and which the Producing Party claims in good faith is 8 highly confidential or sensitive and constitutes or relates to trade secrets or 9 other confidential research, development, or commercial information, the

10 disclosure of which to persons other than those set forth in Section 7.3 11 below, would create a substantial risk of serious harm that could not be 12 avoided by less restrictive means.

13 I. House Counsel: Attorneys who are employees of a party to this 14 Action. House Counsel does not include Outside Counsel of Record or any 15 other outside counsel. 16 J. Non-Party: Any natural person, partnership, corporation, association,

17 or other legal entity not named as a Party to this action. 18 K. Outside Counsel of Record: Attorneys who are not employees of a 19 party to this Action but are retained to represent or advise a party to this

20 Action and have appeared in this Action on behalf of that party or are 21 1 affiliated with a law firm which has appeared on behalf of that party, and 2 includes support staff.

3 L. Party: Any party to this Action, including all of its officers, 4 directors, employees, consultants, retained experts, and Outside Counsel of 5 Record (and their support staffs).

6 M. Producing Party: A Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 N. Professional Vendors: Persons or entities that provide litigation 9 support services (e.g., photocopying, videotaping, translating, preparing

10 exhibits or demonstrations, and organizing, storing, or retrieving data in any 11 form or medium) and their employees and subcontractors. 12 O. Protected Material: Any Disclosure or Discovery Material that is

13 designated as “CONFIDENTIAL.” 14 P. Receiving Party: A Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 IV. SCOPE

17 A. The protections conferred by this Stipulation and Order cover not 18 only Protected Material (as defined above), but also (1) any information 19 copied or extracted from Protected Material; (2) all copies, excerpts,

20 summaries, or compilations of Protected Material; and (3) any testimony, 21 1 conversations, or presentations by Parties or their Counsel that might reveal 2 Protected Material.

3 B. Any use of Protected Material at trial shall be governed by the orders 4 of the trial judge. This Order does not govern the use of Protected Material at 5 trial.

6 V. DURATION 7 A. Even after final disposition of this litigation, the confidentiality 8 obligations imposed by this Order shall remain in effect until a Designating 9 Party agrees otherwise in writing or a court order otherwise directs. Final

10 disposition shall be deemed to be the later of (1) dismissal of all claims and 11 defenses in this Action, with or without prejudice; and (2) final judgment 12 herein after the completion and exhaustion of all appeals, rehearings,

13 remands, trials, or reviews of this Action, including the time limits for filing 14 any motions or applications for extension of time pursuant to applicable 15 law. 16 VI. DESIGNATING PROTECTED MATERIAL

17 A. Exercise of Restraint and Care in Designating Material for Protection 18 1. Each Party or Non-Party that designates information or items 19 for protection under this Order must take care to limit any such

20 designation to specific material that qualifies under the appropriate 21 1 standards. The Designating Party must designate for protection only 2 those parts of material, documents, items, or oral or written

3 communications that qualify so that other portions of the material, 4 documents, items, or communications for which protection is not 5 warranted are not swept unjustifiably within the ambit of this Order.

6 2. Mass, indiscriminate, or routinized designations are prohibited. 7 Designations that are shown to be clearly unjustified or that have 8 been made for an improper purpose (e.g., to unnecessarily encumber 9 the case development process or to impose unnecessary expenses and

10 burdens on other parties) may expose the Designating Party to 11 sanctions. 12 3. If it comes to a Designating Party’s attention that information

13 or items that it designated for protection do not qualify for protection, 14 that Designating Party must promptly notify all other Parties that it is 15 withdrawing the inapplicable designation. 16 B. Manner and Timing of Designations

17 1. Except as otherwise provided in this Order (see, e.g., Section 18 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 19 Discovery Material that qualifies for protection under this Order must

20 be clearly so designated before the material is disclosed or produced. 21 1 2. Designation in conformity with this Order requires the 2 following:

3 a. For information in documentary form (e.g., paper or 4 electronic documents, but excluding transcripts of depositions 5 or other pretrial or trial proceedings), that the Producing Party

6 affix at a minimum, the legend “CONFIDENTIAL” or 7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 8 to each page that contains protected material. If only a portion 9 or portions of the material on a page qualifies for protection,

10 the Producing Party also must clearly identify the protected 11 portion(s) (e.g., by making appropriate markings in the 12 margins).

13 b. A Party or Non-Party that makes original documents 14 available for inspection need not designate them for protection 15 until after the inspecting Party has indicated which documents 16 it would like copied and produced. During the inspection and

17 before the designation, all of the material made available for 18 inspection shall be deemed “CONFIDENTIAL” or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

20 inspecting Party has identified the documents it wants copied 21 1 and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under

3 this Order. Then, before producing the specified documents, 4 the Producing Party must affix the “CONFIDENTIAL” or 5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

6 legend to each page that contains Protected Material. If only a 7 portion or portions of the material on a page qualifies for 8 protection, the Producing Party also must clearly identify the 9 protected portion(s) (e.g., by making appropriate markings in

10 the margins). 11 c. For testimony given in depositions, that the Designating 12 Party identify the Disclosure or Discovery Material on the

13 record, before the close of the deposition all protected 14 testimony. 15 d. For information produced in form other than document 16 and for any other tangible items, that the Producing Party affix

17 in a prominent place on the exterior of the container or 18 containers in which the information is stored the legend 19 CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

20 ATTORNEYS’ EYES ONLY.” If only a portion or portions of 21 1 the information warrants protection, the Producing Party, to the 2 extent practicable, shall identify the protected portion(s).

3 C. Inadvertent Failure to Designate 4 1. If timely corrected, an inadvertent failure to designate qualified 5 information or items does not, standing alone, waive the Designating

6 Party’s right to secure protection under this Order for such material. 7 Upon timely correction of a designation, the Receiving Party must 8 make reasonable efforts to assure that the material is treated in 9 accordance with the provisions of this Order.

10 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 A. Timing of Challenges 12 1. Any party or Non-Party may challenge a designation of

13 confidentiality at any time that is consistent with the Court’s 14 Scheduling Order. 15 B. Meet and Confer 16 1. The Challenging Party shall initiate the dispute resolution

17 process under Local Rule 37.1 et seq. 18 C. The burden of persuasion in any such challenge proceeding shall be 19 on the Designating Party. Frivolous challenges, and those made for an

20 improper purpose (e.g., to harass or impose unnecessary expenses and 21 1 burdens on other parties) may expose the Challenging Party to sanctions. 2 Unless the Designating Party has waived or withdrawn the confidentiality

3 designation, all parties shall continue to afford the material in question the 4 level of protection to which it is entitled under the Producing Party’s 5 designation until the Court rules on the challenge.

6 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 7 A. Basic Principles 8 1. A Receiving Party may use Protected Material that is disclosed 9 or produced by another Party or by a Non-Party in connection with

10 this Action only for prosecuting, defending, or attempting to settle 11 this Action. Such Protected Material may be disclosed only to the 12 categories of persons and under the conditions described in this

13 Order. When the Action has been terminated, a Receiving Party must 14 comply with the provisions of Section XIV below. 15 2. Protected Material must be stored and maintained by a 16 Receiving Party at a location and in a secure manner that ensures that

17 access is limited to the persons authorized under this Order. 18 B. Disclosure of “CONFIDENTIAL” Information or Items 19

20 21 1 1. Unless otherwise ordered by the Court or permitted in writing 2 by the Designating Party, a Receiving Party may disclose any

3 information or item designated “CONFIDENTIAL” only to: 4 a. The Receiving Party’s Outside Counsel of Record in this 5 Action, as well as employees of said Outside Counsel of

6 Record to whom it is reasonably necessary to disclose the 7 information for this Action; 8 b. The officers, directors, and employees (including House 9 Counsel) of the Receiving Party to whom disclosure is

10 reasonably necessary for this Action; 11 c. Experts (as defined in this Order) of the Receiving Party 12 to whom disclosure is reasonably necessary for this Action and

13 who have signed the “Acknowledgment and Agreement to Be 14 Bound” (Exhibit A); 15 d. The Court and its personnel; 16 e. Court reporters and their staff;

17 f. Professional jury or trial consultants, mock jurors, and 18 Professional Vendors to whom disclosure is reasonably 19 necessary or this Action and who have signed the

20 21 1 “Acknowledgment and Agreement to be Bound” attached as 2 Exhibit A hereto;

3 g. The author or recipient of a document containing the 4 information or a custodian or other person who otherwise 5 possessed or knew the information;

6 h. During their depositions, witnesses, and attorneys for 7 witnesses, in the Action to whom disclosure is reasonably 8 necessary provided: (i) the deposing party requests that the 9 witness sign the “Acknowledgment and Agreement to Be

10 Bound;” and (ii) they will not be permitted to keep any 11 confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound,” unless

13 otherwise agreed by the Designating Party or ordered by the 14 Court. Pages of transcribed deposition testimony or exhibits to 15 depositions that reveal Protected Material may be separately 16 bound by the court reporter and may not be disclosed to

17 anyone except as permitted under this Stipulated Protective 18 Order; and 19

20 21 1 i. Any mediator or settlement officer, and their supporting 2 personnel, mutually agreed upon by any of the parties engaged

3 in settlement discussions. 4 C. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” Information or Items.

6 1. Unless otherwise ordered by the court or permitted in writing 7 by the Designating Party, a Receiving Party may disclose any 8 information or item designated “HIGHLY CONFIDENTIAL – 9 ATTORNEYS’ EYES ONLY” only to:

10 a. the Receiving Party’s Outside Counsel of Record in this 11 action; 12 b. Experts (as defined in this Order) of the Receiving Party

13 to whom disclosure is reasonably necessary for this litigation 14 and who have signed the “Acknowledgment and Agreement to 15 Be Bound” (Exhibit A); 16 c. the court and its personnel;

17 d. court reporters and their staff, professional jury or trial 18 consultants, mock jurors, and Professional Vendors to whom 19 disclosure is reasonably necessary for this litigation and who

20 21 1 have signed the “Acknowledgment and Agreement to Be 2 Bound” (Exhibit A);

3 e. during their depositions, witnesses in the action to whom 4 disclosure is reasonably necessary and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A),

6 unless otherwise agreed by the Designating Party or ordered by 7 the court. Pages of transcribed deposition testimony or exhibits 8 to depositions that reveal Protected Material must be separately 9 bound by the court reporter and may not be disclosed to

10 anyone except as permitted under this Stipulated Protective 11 Order. 12 f. the author or recipient of a document containing the

13 information or a custodian or other person who otherwise 14 possessed or knew the information. 15 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED 16 PRODUCED IN OTHER LITIGATION

17 A. If a Party is served with a subpoena or a court order issued in other 18 litigation that compels disclosure of any information or items designated in 19 this Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

20 ATTORNEYS’ EYES ONLY,” that Party must: 21 1 1. Promptly notify in writing the Designating Party. Such 2 notification shall include a copy of the subpoena or court order;

3 2. Promptly notify in writing the party who caused the subpoena 4 or order to issue in the other litigation that some or all of the material 5 covered by the subpoena or order is subject to this Protective Order.

6 Such notification shall include a copy of this Stipulated Protective 7 Order; and 8 3. Cooperate with respect to all reasonable procedures sought to 9 be pursued by the Designating Party whose Protected Material may

10 be affected. 11 B. If the Designating Party timely seeks a protective order, the Party 12 served with the subpoena or court order shall not produce any information

13 designated in this action as “CONFIDENTIAL” or “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination 15 by the Court from which the subpoena or order issued, unless the Party has 16 obtained the Designating Party’s permission. The Designating Party shall

17 bear the burden and expense of seeking protection in that court of its 18 confidential material and nothing in these provisions should be construed as 19 authorizing or encouraging a Receiving Party in this Action to disobey a

20 lawful directive from another court. 21 1 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION

3 A. The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL” or 5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such

6 information produced by Non-Parties in connection with this litigation is 7 protected by the remedies and relief provided by this Order. Nothing in 8 these provisions should be construed as prohibiting a Non-Party from 9 seeking additional protections.

10 B. In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the 12 Party is subject to an agreement with the Non-Party not to produce the Non-

13 Party’s confidential information, then the Party shall: 14 1. Promptly notify in writing the Requesting Party and the Non- 15 Party that some or all of the information requested is subject to a 16 confidentiality agreement with a Non-Party;

17 2. Promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this Action, the relevant discovery request(s), and 19 a reasonably specific description of the information requested; and

20 21 1 3. Make the information requested available for inspection by the 2 Non-Party, if requested.

3 C. If the Non-Party fails to seek a protective order from this court within 4 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information

6 responsive to the discovery request. If the Non-Party timely seeks a 7 protective order, the Receiving Party shall not produce any information in 8 its possession or control that is subject to the confidentiality agreement with 9 the Non-Party before a determination by the court. Absent a court order to

10 the contrary, the Non-Party shall bear the burden and expense of seeking 11 protection in this court of its Protected Material. 12 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

13 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 14 disclosed Protected Material to any person or in any circumstance not 15 authorized under this Stipulated Protective Order, the Receiving Party must 16 immediately (1) notify in writing the Designating Party of the unauthorized

17 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the 18 Protected Material, (3) inform the person or persons to whom unauthorized 19 disclosures were made of all the terms of this Order, and (4) request such

20 21 1 person or persons to execute the “Acknowledgment and Agreement to be 2 Bound” that is attached hereto as Exhibit A.

3 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR 4 OTHERWISE PROTECTED MATERIAL 5 A. When a Producing Party gives notice to Receiving Parties that certain

6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in 8 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended 9 to modify whatever procedure may be established in an e-discovery order

10 that provides for production without prior privilege review. Pursuant to 11 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 12 agreement on the effect of disclosure of a communication or information

13 covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the Stipulated Protective Order 15 submitted to the Court. 16 XIII. MISCELLANEOUS

17 A. Right to Further Relief 18 1. Nothing in this Order abridges the right of any person to seek 19 its modification by the Court in the future.

20 B. Right to Assert Other Objections 21 1 1. By stipulating to the entry of this Protective Order, no Party 2 waives any right it otherwise would have to object to disclosing or

3 producing any information or item on any ground not addressed in 4 this Stipulated Protective Order. Similarly, no Party waives any right 5 to object on any ground to use in evidence of any of the material

6 covered by this Protective Order. 7 C. Filing Protected Material 8 1. A Party that seeks to file under seal any Protected Material 9 must comply with Civil Local Rule 79-5. Protected Material may

10 only be filed under seal pursuant to a court order authorizing the 11 sealing of the specific Protected Material at issue. If a Party's request 12 to file Protected Material under seal is denied by the Court, then the

13 Receiving Party may file the information in the public record unless 14 otherwise instructed by the Court. 15 XIV. FINAL DISPOSITION 16 A. After the final disposition of this Action, as defined in Section V,

17 within sixty (60) days of a written request by the Designating Party, each 18 Receiving Party must return all Protected Material to the Producing Party or 19 destroy such material. As used in this subdivision, “all Protected Material”

20 includes all copies, abstracts, compilations, summaries, and any other 21 1 format reproducing or capturing any of the Protected Material. Whether the 2 Protected Material is returned or destroyed, the Receiving Party must

3 submit a written certification to the Producing Party (and, if not the same 4 person or entity, to the Designating Party) by the 60 day deadline that (1) 5 identifies (by category, where appropriate) all the Protected Material that

6 was returned or destroyed and (2) affirms that the Receiving Party has not 7 retained any copies, abstracts, compilations, summaries or any other format 8 reproducing or capturing any of the Protected Material. Notwithstanding 9 this provision, Counsel are entitled to retain an archival copy of all

10 pleadings, motion papers, trial, deposition, and hearing transcripts, legal 11 memoranda, correspondence, deposition and trial exhibits, expert reports, 12 attorney work product, and consultant and expert work product, even if

13 such materials contain Protected Material. Any such archival copies that 14 contain or constitute Protected Material remain subject to this Protective 15 Order as set forth in Section V. 16 B. Any violation of this Order may be punished by any and all

17 appropriate measures including, without limitation, contempt proceedings 18 and/or monetary sanctions. 19

20 21 1 | SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 Dated: May 26, 2021 NOLAN HEIMANN, LLP 3 4 By: /s/ David L. Hoffman

5 David L. Hoffman Attorneys for Plaintiffs and 6 Counter-Defendants E] Carmen, Inc. and Amerisal Foods, LLC 7 g Dated: May 26, 2021 TROJAN LAW OFFICES

9 By: /s/ R. Joseph Trojan 10 R. Joseph Trojan Attorneys for Defendants and 11 Counter-Plaintiffs Eliseo Rubio, Marta Rubio, and Eliseo Rubio and Marta Rubio 12 dba Chaparrastique Warehouse 13 14 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 (thy Nfox <_—~ Dated: 5/26/2021 16 Honorable Alexander F. MacKinnon United States Magistrate Judge 17 18 19 20

[PROPOSED] PROTECTIVE ORDER 25

1 EXHIBIT A 2

3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [print or type full name], of 4 [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Central District of California on _______________ [DATE] in the case of El Carmen, Inc., et al. 7 v.Eliseo Rubio, et al., C.D.Cal., Case No. 2:21-cv-02070 MWF(afm). I agree to 8 comply with and to be bound by all the terms of this Stipulated Protective Order 9 and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I 10 will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District 13 Court for the Central District of California for the purpose of enforcing the terms 14 of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint 15 [print or type full name] of [print or type full 16 address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this 17 Stipulated Protective Order. 18 City and State where sworn and signed: 19 Printed Name: Signature: Date: _______________ 20 21