1 cDa.n Cdheratdo [email protected], oBmar No. 199922 2 Miko Sargizian, Bar No. 285976 [email protected] 3 LITTLER MENDELSON P.C. 18565 Jamboree Road, Suite 800 4 Irvine, California 92612 Telephone: 949.705.3000 5 Fax No.: 949.724.1201 6 Attorneys for Defendant UNITED PARCEL SERVICE, INC. 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 SOUTHERN DIVISION 12 13 ANDREW NGUYEN, Case No. 8:21-cv-00035-CJC (DFMx) 14 Plaintiff, STIPULATED PROTECTIVE 15 ORDER AND CLAWBACK v. AGREEMENT 16 UNITED PARCEL SERVICE, INC., a 17 California Corporation; ALLEN GUDIM, Trial Date: 1/23/2023 an individual; NORMAN M. FSC Filed: 3/17/2021 18 BROTHERS, JR., an individual, RICHARD N. PERETZ, an individual 19 and DOES 1 through 40, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28 1 I. PURPOSES AND LIMITATIONS OF STIPULATION AND 2 PROTECTIVE ORDER 3 Discovery in this action is likely to involve production of confidential, 4 proprietary, or private information for which special protection from public disclosure 5 and from use for any purpose other than prosecuting this litigation may be warranted. 6 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 7 Stipulated Protective Order. The parties acknowledge that this Order does not confer 8 blanket protections on all disclosures or responses to discovery and that the protection 9 it affords from public disclosure and use extends only to the limited information or items 10 that are entitled to confidential treatment under the applicable legal principles. The 11 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 12 Protective Order does not entitle them to file confidential information under seal; Civil 13 Local Rule 79-5 sets forth the procedures that must be followed and the standards that 14 will be applied when a party seeks permission from the court to file material under seal. 15 16 II. GOOD CAUSE STATEMENT 17 This action is likely to involve the disclosure of material protected under the 18 constitutional, statutory, or common law right to privacy or protected as confidential 19 business, financial, proprietary, or private personnel, policy and payroll information, 20 and medical information. Such confidential and proprietary materials and information 21 consist of, among other things, confidential information regarding Plaintiff, current and/ 22 or former employees, confidential business or financial information, information 23 regarding confidential business practices, or other confidential commercial information 24 (including information implicating privacy rights of third parties), information 25 otherwise generally unavailable to the public, or which may be privileged or otherwise 26 protected from disclosure under state or federal statutes, court rules, case decisions, or 27 common law. Accordingly, to expedite the flow of information, to facilitate the prompt 28 resolution of disputes over confidentiality of discovery materials, to adequately protect 1 information the parties are entitled to keep confidential, to ensure that the parties are 2 permitted reasonable necessary uses of such material in preparation for and in the 3 conduct of trial, to address their handling at the end of the litigation, and serve the ends 4 of justice, a protective order for such information is justified in this matter. It is the 5 intent of the parties that information will not be designated as confidential for tactical 6 reasons and that nothing be so designated without a good faith belief that it has been 7 maintained in a confidential, non-public manner, and there is good cause why it should 8 not be part of the public record of this case. 9 III. DEFINITIONS 10 11 A. Action: Action refers to the above referenced matter titled Andrew 12 Nguyen v. United Parcel Service, Inc., et. al, Case No. 8:21-cv-00035-CJC 13 (DFMx). 14 B. Challenging Party: a Party or Non-Party that challenges the 15 designation of information or items under this Order. 16 17 C. “CONFIDENTIAL” Information or Items: information that has 18 not been made public or is not otherwise available or accessible in the public 19 domain and that concerns or relates to the confidential or proprietary information 20 of: (1) Defendants United Parcel Service, Inc., Allen Gudim, Norman M. 21 Brothers, Jr., and Richard N. Peretz (collectively, “Defendants”); (2) Plaintiff 22 Andrew Nguyen (“Plaintiff”); or (3) any third parties, the disclosure of which 23 information is likely to have the effect of causing harm to the competitive 24 position of Defendants or to the organization or person from whom the 25 information was obtained, or to the parties’ privacy. Confidential Information 26 also includes private information pertaining to Defendants or a third party’s 27 employees, for which Defendants or a third party has a duty to maintain the 28 confidentiality of such information. Information designated Confidential may be 1 used only in connection with this proceeding, and not for any other purpose. Such 2 information may not be disclosed to anyone except as provided in this Order. 3 D. Counsel: “Counsel” means: 4 5 1. Littler Mendelson, a professional corporation, and its 6 respective support staff and other employees who are not 7 employed by a Party and to whom it is necessary to disclose 8 Confidential Information for the purpose of this action; 9 2. Morrison & Foerster, LLP, and its respective support staff 10 and other employees who are not employed by a Party and to 11 whom it is necessary to disclose Confidential Information for the 12 purpose of this action; 13 14 3. Law Offices of Gavril T. Gabriel and its respective support 15 staff and other employees who are not employed by a Party and to 16 whom it is necessary to disclose Confidential Information for the 17 purpose of this action; 18 E. Designating Party: a Party or Non-Party that designates 19 information or items that it produces in disclosures or in responses to discovery 20 as “CONFIDENTIAL.” 21 22 F. Disclosure or Discovery Material: all items or information, 23 regardless of the medium or manner in which it is generated, stored, or 24 maintained (including, among other things, testimony, transcripts, and tangible 25 things), that are produced or generated in disclosures or responses to discovery 26 in this matter. 27 G. Expert: a person with specialized knowledge or experience in a 28 1 matter pertinent to the litigation who has been retained by a Party or its counsel 2 to serve as an expert witness or as a consultant in this Action. 3 H. House Counsel: attorneys who are employees of a party to this 4 Action. House Counsel does not include Outside Counsel of Record or any other 5 outside counsel. 6 7 I. Non-Party: any natural person, partnership, corporation, 8 association, or other legal entity not named as a Party to this action. 9 J. Outside Counsel of Record: attorneys who are not employees of a 10 party to this Action but are retained to represent or advise a party to this Action 11 and have appeared in this Action on behalf of that party or are affiliated with a 12 law firm that has appeared on behalf of that party, including support staff. 13 14 K. Party: any party to this Action, including all of its officers, 15 directors, employees, consultants, retained experts, and Outside Counsel of 16 Record (and their support staffs). 17 L. Producing Party: a Party or Non-Party that produces Disclosure or 18 Discovery Material in this Action. 19 20 M. Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits 22 or demonstrations, and organizing, storing, or retrieving data in any form or 23 medium) and their employees and subcontractors. 24 N. Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 27 O. Receiving Party: a Party that receives Disclosure or Discovery 28 Material from a Producing Party. 1 IV. SCOPE 2 The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their 6 Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 judge. This Order does not govern the use of Protected Material at trial. 9 V. DURATION 10 Once a case proceeds to trial, all of the court-filed information to be introduced 11 that was previously designated as confidential or maintained pursuant to this protective 12 order becomes public and will be presumptively available to all members of the public, 13 including the press, unless compelling reasons supported by specific factual findings to 14 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. 15 City and County of Honolulu,

(9th Cir. 2006) (distinguishing 16 “good cause” showing for sealing documents produced in discovery from “compelling 17 reasons” standard when merits-related documents are part of court record). 18 Accordingly, the terms of this protective order do not extend beyond the 19 commencement of the trial. 20 21 VI. DESIGNATING PROTECTED MATERIAL 22 A. Exercise of Restraint and Care in Designating Material for 23 Protection. Each Party or Non-Party that designates information or items for 24 protection under this Order must take care to limit any such designation to 25 specific material that qualifies under the appropriate standards. The Designating 26 Party must designate for protection only those parts of material, documents, 27 items, or oral or written communications that qualify so that other portions of the 28 1 material, documents, items, or communications for which protection is not 2 warranted are not swept unjustifiably within the ambit of this Order. 3 Mass, indiscriminate, or routinized designations are prohibited. 4 Designations that are shown to be clearly unjustified or that have been made for 5 an improper purpose (e.g., to unnecessarily encumber the case development 6 process or to impose unnecessary expenses and burdens on other parties) may 7 expose the Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that 9 it designated for protection do not qualify for protection, that Designating Party 10 must promptly notify all other Parties that it is withdrawing the inapplicable 11 designation. 12 B. Manner and Timing of Designations. Except as otherwise 13 provided in this Order or as otherwise stipulated or ordered, Disclosure or 14 Discovery Material that qualifies for protection under this Order must be clearly 15 so designated before the material is disclosed or produced. 16 17 Designation in conformity with this Order requires: 18 1. for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial 20 or trial proceedings), that the Producing Party affix, at a minimum, 21 the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL 22 legend”), to each page that contains protected material. If only a 23 portion or portions of the material on a page qualifies for protection, 24 the Producing Party also must clearly identify the protected 25 portion(s) (e.g., by making appropriate markings in the margins). 26 27 A Party or Non-Party that makes original documents 28 available for inspection need not designate them for protection until 1 after the inspecting Party has indicated which documents it would 2 like copied and produced. During the inspection and before the 3 designation, all of the material made available for inspection shall 4 be deemed “CONFIDENTIAL.” After the inspecting Party has 5 identified the documents it wants copied and produced, the 6 Producing Party must determine which documents, or portions 7 thereof, qualify for protection under this Order. Then, before 8 producing the specified documents, the Producing Party must affix 9 the “CONFIDENTIAL legend” to each page that contains Protected 10 Material. If only a portion or portions of the material on a page 11 qualifies for protection, the Producing Party also must clearly 12 identify the protected portion(s) (e.g., by making appropriate 13 markings in the margins). 14 2. for testimony given in depositions that the Designating Party 15 identify the Disclosure or Discovery Material on the record, before 16 the close of the deposition. 17 18 3. for information produced in some form other than 19 documentary and for any other tangible items, that the Producing 20 Party affix in a prominent place on the exterior of the container or 21 containers in which the information is stored the legend 22 “CONFIDENTIAL.” If only a portion or portions of the information 23 warrants protection, the Producing Party, to the extent practicable, 24 shall identify the protected portion(s). 25 C. Inadvertent Failures to Designate. If timely corrected, an 26 inadvertent failure to designate qualified information or items does not, standing 27 alone, waive the Designating Party’s right to secure protection under this Order 28 1 for such material. Upon timely correction of a designation, the Receiving Party 2 must make reasonable efforts to assure that the material is treated in accordance 3 with the provisions of this Order. 4 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6 A. Timing of Challenges. Any Party or Non-Party may challenge a 7 designation of confidentiality at any time that is consistent with the Court’s 8 Scheduling Order. 9 B. Meet and Confer. The Challenging Party shall initiate the dispute 10 resolution process under Local Rule 37.1, et seq. Any discovery motion must 11 strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3 12 13 C. Burden. The burden of persuasion in any such challenge proceeding 14 shall be on the Designating Party. Frivolous challenges, and those made for an 15 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 16 on other parties) may expose the Challenging Party to sanctions. Unless the 17 Designating Party has waived or withdrawn the confidentiality designation, all 18 parties shall continue to afford the material in question the level of protection to 19 which it is entitled under the Producing Party’s designation until the Court rules 20 on the challenge. 21 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 22 23 A. Basic Principles. A Receiving Party may use Protected Material 24 that is disclosed or produced by another Party or by a Non-Party in connection 25 with this Action only for prosecuting, defending, or attempting to settle this 26 Action. Such Protected Material may be disclosed only to the categories of 27 persons and under the conditions described in this Order. When the Action has 28 been terminated, a Receiving Party must comply with the provisions of section 1 XIII below (FINAL DISPOSITION). 2 Protected Material must be stored and maintained by a Receiving Party at 3 a location and in a secure manner that ensures that access is limited to the persons 4 authorized under this Order. 5 B. Disclosure of “CONFIDENTIAL” Information or Items. Unless 6 otherwise ordered by the Court or permitted in writing by the Designating Party, 7 a Receiving Party may disclose any information or item designated 8 “CONFIDENTIAL” only to: 9 10 1. the Receiving Party’s Outside Counsel of Record in this 11 Action, as well as employees of said Outside Counsel of Record to 12 whom it is reasonably necessary to disclose the information for this 13 Action; 14 2. the officers, directors, and employees (including House 15 Counsel) of the Receiving Party to whom disclosure is reasonably 16 necessary for this Action; 17 18 3. Experts (as defined in this Order) of the Receiving Party to 19 whom disclosure is reasonably necessary for this Action and who 20 have signed the “Acknowledgment and Agreement to Be Bound” 21 (Exhibit A); 22 4. the Court and its personnel; 23 24 5. court reporters and their staff; 25 6. professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary 27 for this Action and who have signed the “Acknowledgment and 28 1 Agreement to Be Bound” (Exhibit A); 2 7. the author or recipient of a document containing the 3 information or a custodian or other person who otherwise possessed 4 or knew the information; 5 6 8. during their depositions, witnesses, and attorneys for 7 witnesses, in the Action to whom disclosure is reasonably necessary 8 provided: (1) the deposing party requests that the witness sign the 9 form attached as Exhibit 1 hereto; and (2) they will not be permitted 10 to keep any confidential information unless they sign the 11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), 12 unless otherwise agreed by the Designating Party or ordered by the 13 Court. Pages of transcribed deposition testimony or exhibits to 14 depositions that reveal Protected Material may be separately bound 15 by the court reporter and may not be disclosed to anyone except as 16 permitted under this Stipulated Protective Order; and 17 9. any mediator or settlement officer, and their supporting 18 personnel, mutually agreed upon by any of the parties engaged in 19 settlement discussions. 20 21 C. Protected Material Subpoenaed Or Ordered Produced In Other 22 Litigation 23 If a Party is served with a subpoena or a court order issued in other 24 litigation that compels disclosure of any information or items designated in this 25 Action as “CONFIDENTIAL,” that Party must: 26 27 1. promptly notify in writing the Designating Party. Such 28 notification shall include a copy of the subpoena or court order; 1 2. promptly notify in writing the party who caused the subpoena 2 or order to issue in the other litigation that some or all of the material 3 covered by the subpoena or order is subject to this Protective Order. 4 Such notification shall include a copy of this Stipulated Protective 5 Order; and 6 3. cooperate with respect to all reasonable procedures sought to 7 be pursued by the Designating Party whose Protected Material may 8 be affected. 9 If the Designating Party timely seeks a protective order, the Party served with the 10 subpoena or court order shall not produce any information designated in this action as 11 “CONFIDENTIAL” before a determination by the court from which the subpoena or 12 order issued, unless the Party has obtained the Designating Party’s permission. The 13 Designating Party shall bear the burden and expense of seeking protection in that court 14 of its confidential material and nothing in these provisions should be construed as 15 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 16 from another court. 17 18 IX. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 A. The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 22 information produced by Non-Parties in connection with this litigation is 23 protected by the remedies and relief provided by this Order. Nothing in these 24 provisions should be construed as prohibiting a Non-Party from seeking 25 additional protections. 26 27 B. In the event that a Party is required, by a valid discovery request, to 28 produce a Non-Party’s confidential information in its possession, and the Party 1 is subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 1. promptly notify in writing the Requesting Party and the Non- 4 Party that some or all of the information requested is subject to a 5 confidentiality agreement with a Non-Party; 6 7 2. promptly provide the Non-Party with a copy of the Stipulated 8 Protective Order in this Action, the relevant discovery request(s), 9 and a reasonably specific description of the information requested; 10 and 11 3. make the information requested available for inspection by 12 the Non-Party, if requested. 13 14 C. If the Non-Party fails to seek a protective order from this Court 15 within 14 days of receiving the notice and accompanying information, the 16 Receiving Party may produce the Non-Party’s confidential information 17 responsive to the discovery request. If the Non-Party timely seeks a protective 18 order, the Receiving Party shall not produce any information in its possession or 19 control that is subject to the confidentiality agreement with the Non-Party before 20 a determination by the Court. Absent a court order to the contrary, the Non-Party 21 shall bear the burden and expense of seeking protection in this Court of its 22 Protected Material. 23 X. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (1) notify in writing 27 the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve 28 1 all unauthorized copies of the Protected Material, (C) inform the person or persons to 2 whom unauthorized disclosures were made of all the terms of this Order, and (3) request 3 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 4 that is attached hereto as Exhibit A. 5 XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 11 may be established in an e-discovery order that provides for production without prior 12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 13 parties reach an agreement on the effect of disclosure of a communication or 14 information covered by the attorney-client privilege or work product protection, the 15 parties may incorporate their agreement in the stipulated protective order submitted to 16 the Court. 17 18 XII. FEDERAL RULE OF EVIDENCE 502(D) AND (E) CLAWBACK 19 AGREEMENT 20 Pursuant to Federal Rules of Evidence 502(d) and (e), the Parties agree to and the 21 Court orders protection of privileged and otherwise protected Documents against claims 22 of waiver (including as against third parties and in other federal and state proceedings) 23 as follows: 24 A. The disclosure or production of documents by a Producing Party 25 subject to a legally recognized claim of privilege, including without limitation 26 the attorney-client privilege and the work-product doctrine, to a Receiving Party, 27 shall in no way constitute the voluntary disclosure of such document. 28 1 B. The inadvertent disclosure or production of any document in this 2 action shall not result in the waiver of any privilege, evidentiary protection or 3 other protection associated with such document as to the Receiving Party or any 4 third parties, and shall not result in any waiver, including subject matter waiver, 5 of any kind. 6 C. If, during the course of this litigation, a party determines that any 7 document produced by another party is or may reasonably be subject to a legally 8 recognizable privilege or evidentiary protection (“Protected Document”): 9 10 1. the Receiving Party shall: (a) refrain from reading the 11 Protected Document any more closely than is necessary to ascertain 12 that it is privileged or otherwise protected from disclosure; (b) 13 immediately notify the Producing Party in writing that it has 14 discovered Documents believed to be privileged or protected; (c) 15 specifically identify the Protected Documents by Bates number 16 range or hash value, and, (d) within 10 days of discovery by the 17 Receiving Party, return, sequester, or destroy all copies of such 18 Protected Documents, along with any notes, abstracts or 19 compilations of the content thereof. To the extent that a Protected 20 Document has been loaded into a litigation review database under 21 the control of the Receiving Party, the Receiving Party shall have all 22 electronic copies of the Protected Document extracted from the 23 database. Where such Protected Documents cannot be destroyed or 24 separated, they shall not be reviewed, disclosed, or otherwise used 25 by the Receiving Party. Notwithstanding, the Receiving Party is 26 under no obligation to search or review the Producing Party’s 27 Documents to identify potentially privileged or work product 28 Protected Documents. 1 2. If the Producing Party intends to assert a claim of privilege or 2 other protection over Documents identified by the Receiving Party 3 as Protected Documents, the Producing Party will, within 10 days of 4 receiving the Receiving Party’s written notification described 5 above, inform the Receiving Party of such intention in writing and 6 shall provide the Receiving Party with a log for such Protected 7 Documents that is consistent with the requirements of the Federal 8 Rules of Civil Procedure, setting forth the basis for the claim of 9 privilege or other protection. In the event that any portion of a 10 Protected Document does not contain privileged or protected 11 information, the Producing Party shall also provide to the Receiving 12 Party a redacted copy of the document that omits the information 13 that the Producing Party believes is subject to a claim of privilege or 14 other protection. 15 D. If, during the course of this litigation, a party determines it has 16 produced a Protected Document: 17 18 1. the Producing Party may notify the Receiving Party of such 19 inadvertent production in writing, and demand the return of such 20 documents. Such notice shall be in writing, however, it may be 21 delivered orally on the record at a deposition, promptly followed up 22 in writing. The Producing Party’s written notice will identify the 23 Protected Document inadvertently produced by bates number range 24 or hash value, the privilege or protection claimed, and the basis for 25 the assertion of the privilege and shall provide the Receiving Party 26 with a log for such Protected Documents that is consistent with the 27 requirements of the Federal Rules of Civil Procedure, setting forth 28 the basis for the claim of privilege or other protection. In the event 1 that any portion of the Protected Document does not contain 2 privileged or protected information, the Producing Party shall also 3 provide to the Receiving Party a redacted copy of the Document that 4 omits the information that the Producing Party believes is subject to 5 a claim of privilege or other protection. 6 2. The Receiving Party must, within 10 days of receiving the 7 Producing Party’s written notification described above, return, 8 sequester, or destroy the Protected Document and any copies, along 9 with any notes, abstracts or compilations of the content thereof. To 10 the extent that a Protected Document has been loaded into a 11 litigation review database under the control of the Receiving Party, 12 the Receiving Party shall have all electronic copies of the Protected 13 Document extracted from the database. 14 15 E. To the extent that the information contained in a Protected 16 Document has already been used in or described in other documents generated or 17 maintained by the Receiving Party prior to the date of receipt of written notice 18 by the Producing Party as set forth in paragraphs 11(c)(2) and 11(d)(1), then the 19 Receiving Party shall sequester such documents until the claim has been resolved. 20 If the Receiving Party disclosed the Protected Document before being notified of 21 its inadvertent production, it must take reasonable steps to retrieve it. 22 F. The Receiving Party’s return, sequestering or destruction of 23 Protected Documents as provided herein will not act as a waiver of the 24 Requesting Party’s right to move for the production of the returned, sequestered 25 or destroyed documents on the grounds that the documents are not, in fact, subject 26 to a viable claim of privilege or protection. However, the Receiving Party is 27 prohibited and estopped from arguing that: 28 1 1. the disclosure or production of the Protected Documents acts 2 as a waiver of an applicable privilege or evidentiary protection; 3 2. the disclosure of the Protected Documents was not 4 inadvertent; 5 6 3. the Producing Party did not take reasonable steps to prevent 7 the disclosure of the Protected Documents; or 8 4. the Producing Party failed to take reasonable or timely steps 9 to rectify the error pursuant to Federal Rule of Civil Procedure 10 26(b)(5)(B), or otherwise. 11 12 G. Either party may submit Protected Documents to the Court under 13 seal for a determination of the claim of privilege or other protection. The 14 Producing Party shall preserve the Protected Documents until such claim is 15 resolved. The Receiving Party may not use the Protected Documents for any 16 purpose absent this Court’s order. 17 H. Upon a determination by the Court that the Protected Documents are 18 protected by the applicable privilege or evidentiary protection, and if the 19 Protected Documents have been sequestered rather than returned or destroyed by 20 the Receiving Party, the Protected Documents shall be returned or destroyed 21 within 10 days of the Court’s order. The Court may also order the identification 22 by the Receiving Party of Protected Documents by search terms or other means. 23 24 I. Nothing contained herein is intended to, or shall serve to limit a 25 party’s right to conduct a review of documents, data (including electronically 26 stored information) and other information, including without limitation, 27 metadata, for relevance, responsiveness and/or the segregation of privileged 28 and/or protected information before such information is produced to another 1 party. 2 J. By operation of the Parties’ agreement and Court Order, the Parties 3 are specifically afforded the protections of Federal Rules of Evidence 502 (d) and 4 (e). 5 6 XIII. MISCELLANEOUS 7 A. Right to Further Relief. Nothing in this Order abridges the right of 8 any person to seek its modification by the Court in the future. 9 10 B. Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order, no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in 13 this Stipulated Protective Order. Similarly, no Party waives any right to object on 14 any ground to use in evidence of any of the material covered by this Protective 15 Order. 16 C. Filing Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Civil Local Rule 79-5. Protected Material 18 may only be filed under seal pursuant to a court order authorizing the sealing of 19 the specific Protected Material at issue; good cause must be shown in the request 20 to file under seal. If a Party’s request to file Protected Material under seal is 21 denied by the Court, then the Receiving Party may file the information in the 22 public record unless otherwise instructed by the Court. 23 24 XIV. INFORMATION SECURITY 25 A. Any person in possession of another party's CONFIDENTIAL 26 information shall maintain a written information security program that 27 includes reasonable administrative, technical, and physical safeguards 28 1 designed to protect the security and confidentiality of such 2 CONFIDENTIAL information, protect against any reasonably anticipated 3 threats or hazards to the security of such CONFIDENTIAL information, and 4 protect against unauthorized access to or use of such CONFIDENTIAL 5 information. To the extent a person or party does not have an information 6 security program they may comply with this provision by having the 7 CONFIDENTIAL information managed by and/or stored with eDiscovery 8 vendors or claims administrators that maintain such an information security 9 program. 10 B. If the Receiving Party discovers a breach of security, including any 11 actual or suspected unauthorized access, relating to another party's 12 CONFIDENTIAL information, the Receiving Party shall: 13 14 1. promptly provide written notice to Designating Party of such 15 breach; 16 C. investigate and take reasonable efforts to remediate the effects of the 17 breach, and provide Designating Party with assurances reasonably satisfactory to 18 Designating Party that such breach shall not recur; and 19 20 1. provide sufficient information about the breach that the 21 Designating Party can reasonably ascertain the size and scope of the 22 breach. If required by any judicial or governmental request, 23 requirement or order to disclose such information, the Receiving 24 Party shall take all reasonable steps to give the Designating Party 25 sufficient prior notice in order to contest such request, requirement 26 or order through legal means. The Receiving Party agrees to 27 cooperate with the Designating Party or law enforcement in 28 investigating any such security incident. In any event, the 1 Receiving Party shall promptly take all necessary and 2 appropriate corrective action to terminate the unauthorized access. 3 XV. FINAL DISPOSITION 4 After the final disposition of this Action, within 60 days of a written request by 5 the Designating Party, each Receiving Party must return all Protected Material to the 6 Producing Party or destroy such material. As used in this subdivision, “all Protected 7 Material” includes all copies, abstracts, compilations, summaries, and any other format 8 reproducing or capturing any of the Protected Material. Whether the Protected Material 9 is returned or destroyed, the Receiving Party must submit a written certification to the 10 Producing Party (and, if not the same person or entity, to the Designating Party) by the 11 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 12 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 13 retained any copies, abstracts, compilations, summaries or any other format reproducing 14 or capturing any of the Protected Material. Notwithstanding this provision, counsel are 15 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 16 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 17 expert reports, attorney work product, and consultant and expert work product, even if 18 such materials contain Protected Material. Any such archival copies that contain or 19 constitute Protected Material remain subject to this Protective Order as set forth in 20 Section 4 (DURATION). 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 1 Any violation of this Order may be punished by any and all appropriate measures 2 || including, without limitation, contempt proceedings and/or monetary sanctions. 3 || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 5 Dated: August _, 2021 6 LAW OFFICES OF GAVRIL T. 7 GABRIEL 8 9 /s/ Gavril T. Gabriel 10 Gavril T. Gabriel Attorney for Plaintiff 11 ANDREW NGUYEN 12 Dated: August 10, 2021 13 LITTLER MENDELSON P.C. 14 15 /S/ Miko Sargizian 16 D. Chad Anderton Miko Sargizian 17 Attorneys for Defendant 18 UNITED PARCEL SERVICE, INC. 19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 1 || DATED: August 12, 2021 22 } 23 Honorable Douglas F. McCormrtk 24 || United States Magistrate Judge 25 26 27 28 22 8:21-CV-00035-CJC (DFMX)

1 ATTACHMENT “A” 2 ANDREW NGUYEN, UNITED STATE DISTRICT COURT Plaintiff, CENTRAL DISTRICT OF CALFORNIA 3 v. Case No. 8:21-cv-00035-CJC (DFMx) 4 UNITED PARCEL SERVICE, INC., a AGREEMENT TO BE BOUND BY 5 California Corporation; ALLEN GUDIM, PROTECTIVE ORDER an individual; NORMAN M. 6 BROTHERS, JR., an individual, RICHARD N. PERETZ, an individual 7 and DOES 1 through 40, inclusive, 8 Defendants. 9 10 The undersigned hereby acknowledges that he/she having read the 11 Stipulated Protective Order entered in the above-captioned action and attached hereto, 12 understands the terms thereof, and agrees to be bound by its terms, ensuring that any 13 employees and/or clerical assistants will also abide thereby. The undersigned submits 14 to the jurisdiction of this Court in matters relating to the Protective Order and 15 understands that the terms obligate him/her to use documents designated 16 “CONFIDENTIAL” in accordance with the Protective Order solely for the purposes of 17 the above-captioned action, and not to disclose any such documents or information 18 derived directly therefrom to any other person, firm or concern. 19 The undersigned acknowledges that violation of the Protective Order may 20 result in penalties for contempt of court. 21 Entered into on this _________ day of ______________________, 2021. 22 Signature: _________________________________ 23 Print Name: _________________________________ 24 25 Address: _________________________________ 26 _________________________________ 27 28