Case 8:21-cv-00796-JLS-KES Document 32 Filed 03/02/22 Page 1 of 16 Page ID #:379

David Mara, Esq. (230498) 1 Jill Vecchi, Esq. (299333) MARA LAW FIRM, PC 2 2650 Camino Del Rio North Suite 205 San Diego, California 92108 3 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 4 Mohamed Eldessouky, Esq. (SBN: 289955) 5 ELDESSOUKY LAW 17139 Bellflower Blvd, Suite 202 6 Bellflower, California 92808 Telephone: (562) 461-0995 7 Facsimile: (562) 461-0998

8 Attorneys for Plaintiff, Omar Rosales

9 Additional Counsel Listed on Next Page

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11 UNITED STATES DISTRICT COURT

12 CENTRAL DISTRICT OF CALIFORNIA 13 14 SOUTHERN DIVISION 15 OMAR ROSALES on behalf of Case No. 8:21-cv-00796-JLS-KES 16 himself, all others similarly situated, and on behalf of the general public, [Discovery Document: Referred to 17 Magistrate Judge Karen E. Scott] Plaintiffs, 18 v. STIPULATED PROTECTIVE 19 ORDER

20 THE KROGER CO.; and DOES 1- 100, inclusive, 21 Complaint Filed: March 24, 2021 Action Removed: April 28, 2021 22 Defendants. Final Trial Conference: June 16, 2023

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010574.0002736 STIPULATED PROTECTIVE ORDER 1 Case No. 8:21-cv-00796-JLS-KES 230423.1 Case 8:21-cv-00796-JLS-KES Document 32 Filed 03/02/22 Page 2 of 16 Page ID #:380

Nate J. Kowalski, Esq. (SBN 181136) 1 Amber S. Healy, Esq. (SBN 232730) 2 Lauren S. Gafa (SBN: 316896) ATKINSON, ANDELSON, LOYA, RUUD & ROMO 3 12800 Center Court Drive South, Suite 300 4 Cerritos, California 90703-9364 5 TEL: (562) 653-3200 FAX: (562) 653-3333 6 7 Attorneys for Defendant, The Kroger Co.

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010574.0002736 STIPULATED PROTECTIVE ORDER 2 Case No. 8:21-cv-00796-JLS-KES 230423.1 Case 8:21-cv-00796-JLS-KES Document 32 Filed 03/02/22 Page 3 of 16 Page ID #:381

1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them 12 to file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This is a wage and hour class action. Plaintiff has requested the names, 17 addresses, phone numbers, email addresses, job titles, and dates of employment for 18 all putative class members. Defendant The Kroger Co. has objected to the disclosure 19 of this information on the basis of privacy. The Parties have agreed to the production 20 of this information subject to this protective order. Other courts have found that a 21 standard protective order is sufficient to protect the privacy rights of putative class 22 members. See Amaraut v. Sprint/United Mgmt. Co.,

23 (S.D. Cal. Jan. 14, 2020); Hernandez v. Best Buy Co.,

147630 (S.D. Cal. Oct. 15, 2014); LaCross v. Knight Transp., Inc., 2015 U.S. Dist.

(C.D. Cal. May 19, 2015). 26 To expedite the flow of this information, to facilitate the prompt resolution 27 of the parties’ dispute over confidentiality of the class contact information, to 28 adequately protect information the parties are entitled to keep confidential, to ensure

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1 that the parties are permitted reasonable necessary uses of such material in 2 preparation for Plaintiff’s motion for class certification and for and in the conduct 3 of trial, to address their handling at the end of the litigation, and serve the ends of 4 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 6 tactical reasons and that nothing be so designated without a good faith belief that it 7 has been maintained in a confidential, non-public manner, and there is good cause 8 why it should not be part of the public record of this case. 9 2. DEFINITIONS 10 2.1 Action: Omar Rosales v. The Kroger Co. (Central District of 11 California, Case No. 8:21-cv-00796-JLS-KES). 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information 21 or items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, 24 regardless of the medium or manner in which it is generated, stored, or maintained 25 (including, among other things, testimony, transcripts, and tangible things), that are 26 produced or generated in disclosures or responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a 28 matter pertinent to the litigation who has been retained by a Party or its counsel to

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1 serve as an expert witness or as a consultant in this Action. 2 2.8 House Counsel: attorneys who are employees of a party to this 3 Action. House Counsel does not include Outside Counsel of Record or any other 4 outside counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association, 6 or other legal entity not named as a Party to this action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a 8 party to this Action but are retained to represent or advise a party to this Action and 9 have appeared in this Action on behalf of that party or are affiliated with a law firm 10 which has appeared on behalf of that party, and includes support staff. 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation 17 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery 23 Material from a Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 compilations of Protected Material; and (3) any testimony, conversations, or

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1 presentations by Parties or their Counsel that might reveal Protected Material. 2 Any use of Protected Material at trial shall be governed by the orders of the 3 trial judge. This Order does not govern the use of Protected Material at trial. 4 4. DURATION 5 Even after final disposition of this litigation, the confidentiality obligations 6 imposed by this Order shall remain in effect until a Designating Party agrees 7 otherwise in writing or a court order otherwise directs. Final disposition shall be 8 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 9 with or without prejudice; and (2) final judgment herein after the completion and 10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 11 including the time limits for filing any motions or applications for extension of time 12 pursuant to applicable law. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. 15 Each Party or Non-Party that designates information or items for protection 16 under this Order must take care to limit any such designation to specific material 17 that qualifies under the appropriate standards. The Designating Party must 18 designate for protection only those parts of material, documents, items, or oral or 19 written communications that qualify so that other portions of the material, 20 documents, items, or communications for which protection is not warranted are not 21 swept unjustifiably within the ambit of this Order. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations 23 that are shown to be clearly unjustified or that have been made for an improper 24 purpose (e.g., to unnecessarily encumber the case development process or to impose 25 unnecessary expenses and burdens on other parties) may expose the Designating 26 Party to sanctions. 27 If it comes to a Designating Party’s attention that information or items that it 28 designated for protection do not qualify for protection, that Designating Party must

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1 promptly notify all other Parties that it is withdrawing the inapplicable designation. 2 5.2 Manner and Timing of Designations. Except as otherwise provided in 3 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 5 under this Order must be clearly so designated before the material is disclosed or 6 produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions or other pretrial or trial 10 proceedings), that the Producing Party affix at a minimum, the legend 11 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 12 contains protected material. If only a portion or portions of the material on a page 13 qualifies for protection, the Producing Party also must clearly identify the protected 14 portion(s) (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents, it wants copied and produced, the Producing Party must determine 21 which documents, or portions thereof, qualify for protection under this Order. Then, 22 before producing the specified documents, the Producing Party must affix the 23 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 24 portion or portions of the material on a page qualifies for protection, the Producing 25 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins). 27 (b) for testimony given in depositions that the Designating Party 28 identify the Disclosure or Discovery Material on the record, before the close of the

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1 deposition all protected testimony. 2 (c) for information produced in some form other than documentary 3 and for any other tangible items, that the Producing Party affix in a prominent place 4 on the exterior of the container or containers in which the information is stored the 5 legend “CONFIDENTIAL.” If only a portion or portions of the information 6 warrants protection, the Producing Party, to the extent practicable, shall identify the 7 protected portion(s). 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive 10 the Designating Party’s right to secure protection under this Order for such material. 11 Upon timely correction of a designation, the Receiving Party must make reasonable 12 efforts to assure that the material is treated in accordance with the provisions of this 13 Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 designation of confidentiality at any time that is consistent with the Court’s 17 Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 19 resolution process under Local Rule 37.1 et seq. or follow the procedures for 20 informal, telephonic discovery hearings on the Court's website. 21 6.3 For disputes regarding the designation of confidential information, the 22 procedure for obtaining a decision from the Court is that set forth in Local Rule 37. 23 The burden of persuasion in any such challenge proceeding shall be on the 24 Designating Party. Frivolous challenges, and those made for an improper purpose 25 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 26 expose the Challenging Party to sanctions. Unless the Designating Party has waived 27 or withdrawn the confidentiality designation, all parties shall continue to afford the 28 material in question the level of protection to which it is entitled under the

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1 Producing Party’s designation until the Court rules on the challenge. 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 3 7.1 Basic Principles. A Receiving Party may use Protected Material that is 4 disclosed or produced by another Party or by a Non-Party in connection with this 5 Action only for prosecuting, defending, or attempting to settle this Action. Such 6 Protected Material may be disclosed only to the categories of persons and under the 7 conditions described in this Order. When the Action has been terminated, a 8 Receiving Party must comply with the provisions of section 13 below (FINAL 9 DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a 11 location and in a secure manner that ensures that access is limited to the persons 12 authorized under this Order. 13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 14 otherwise ordered by the court or permitted in writing by the Designating Party, a 15 Receiving Party may disclose any information or item designated 16 “CONFIDENTIAL” only to: 17 (a) the Receiving Party’s Outside Counsel of Record in this Action, 18 as well as employees of said Outside Counsel of Record to whom it is reasonably 19 necessary to disclose the information for this Action; 20 (b) the officers, directors, and employees (including House 21 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 22 Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to 24 whom disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 (f) professional jury or trial consultants, mock jurors, and

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

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

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

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1 communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement in the stipulated 3 protective order submitted to the court. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in this 10 Stipulated Protective Order. Similarly, no Party waives any right to object on any 11 ground to use in evidence of any of the material covered by this Protective Order. 12 12.3 Filing Protected Material. A Party that seeks to file under seal any 13 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 14 only be filed under seal pursuant to a court order authorizing the sealing of the 15 specific Protected Material at issue. Pending the ruling on the application, the 16 papers or portions thereof subject to the sealing application shall be lodged under 17 seal. If a Party's request to file Protected Material under seal is denied by the court, 18 then the Receiving Party may file the information in the public record unless 19 otherwise instructed by the court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, as defined in paragraph 4, within 60 22 days of a written request by the Designating Party, each Receiving Party must return 23 all Protected Material to the Producing Party or destroy such material. As used in 24 this subdivision, “all Protected Material” includes all copies, abstracts, 25 compilations, summaries, and any other format reproducing or capturing any of the 26 Protected Material. Whether the Protected Material is returned or destroyed, the 27 Receiving Party must submit a written certification to the Producing Party (and, if 28 not the same person or entity, to the Designating Party) by the 60 day deadline that

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1 (1) identifies (by category, where appropriate) all the Protected Material that was 2 returned or destroyed and (2) affirms that the Receiving Party has not retained any 3 copies, abstracts, compilations, summaries or any other format reproducing or 4 capturing any of the Protected Material. Notwithstanding this provision, Counsel 5 are entitled to retain an archival copy of all pleadings, motion papers, trial, 6 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 7 and trial exhibits, expert reports, attorney work product, and consultant and expert 8 work product, even if such materials contain Protected Material. Any such archival 9 copies that contain or constitute Protected Material remain subject to this Protective 10 Order as set forth in Section 4 (DURATION). 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 //

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1||14. Any violation of this Order may be punished by any and all appropriate 2||measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. > Dated: March 1, 2022 MARA LAW FIRM PC 7 /s/ Jill Vecchi David Mara, Esq. 8 Jill Vecchi, Esq. 9 Attorneys for Plaintiff Omar Rosales 10|| Dated: March 1, 2022 ELDESSOUKY LAW 11 D /s/ Mohamed Eldessou Mohamed Eldessouky, Esq. 13 Attorney for Plaintiff Omar Rosales 14]/ Dated: March 1, 2022 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 15 16 /s/ Amber S. Healy 17 Amber S. Healy, Esq. 18 Attorneys for Defendant The Kroger Co. 19|) FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 71 Dated: March 2, 2022 22 Vern; 6. Scot 73 The Honorable Karen E. Scott United States Magistrate Judge 24 25 26 27 28 010574.0002736 STIPULATED PROTECTIVE ORDER 15 Case No. 8:21-cv-00796-JLS-KES 230423.1

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that 5 was issued by the United States District Court for the Central District of California 6 on [date] in the case of ___________ [insert formal name of the case and the number 7 and initials assigned to it by the court]. I agree to comply with and to be bound by 8 all the terms of this Stipulated Protective Order and I understand and acknowledge 9 that failure to so comply could expose me to sanctions and punishment in the nature 10 of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person 12 or entity except in strict compliance with the provisions of this Order. I further agree 13 to submit to the jurisdiction of the United States District Court for the Central 14 District of California for the purpose of enforcing the terms of this Stipulated 15 Protective Order, even if such enforcement proceedings occur after termination of 16 this action. I hereby appoint __________________________ [print or type full 17 name] of _______________________________________ [print or type full address 18 and telephone number] as my California agent for service of process in connection 19 with this action or any proceedings related to enforcement of this Stipulated 20 Protective Order. 21 22 Date: ______________________________________ City and State where sworn and signed: _________________________________ 23

24 Printed name: _______________________________ 25

26 Signature: __________________________________ 27 28

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