Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 1 of 17 Page ID #:188

1 Sarah E. Ross, Bar No. 252206 [email protected] 2 Devon S. Mills, Bar No. 325471 [email protected] 3 LITTLER MENDELSON, P.C. 2049 Century Park East 4 5th Floor Los Angeles, California 90067.3107 5 Telephone: 310.553.0308 Fax No.: 310.553.5583 6 Attorneys for Defendant 7 THE GOODYEAR TIRE & RUBBER COMPANY

8 Tracy L. Fehr. (SBN 239005) [email protected] 9 John L. Schwab (SBN 307599) [email protected] 10 ALEXANDER MORRISON + FEHR LLP 1900 Avenue of the Stars, Suite 900 11 Los Angeles, California 90067 Telephone: (310) 394-0888 12 G. Samuel Cleaver (SBN 245717) 13 [email protected] LAW OFFICES OF G. SAMUEL CLEAVER 14 3600 Wilshire Blvd., Suite 922 Los Angeles, California 90010 15 Telephone: (213) 568-4088

16 Attorneys for Plaintiff MICHAEL SHERLOCK 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 WESTERN DIVISION 20 21 MICHAEL SHERLOCK, an individual, Case No. 2:22-CV-00426-SVW-AFM 22 Plaintiff, ASSIGNED TO JUDGE STEPHEN 23 v. V. WILSON 24 T CH OE M G PAO NO YD ,Y aE CA aR li fT oI rR niE a C& o R rpU oB raB tiE onR S PT RI OP TU EL CA TT II VO EN O A RN DD E R1 25 and DOES 1-20, inclusive , 26 Defendant. 27

28 1 This Stipulated Protective Order is based substantially on the model protective order provided under Magistrate Judge Alexander F. MacKinnon’s Procedures. LITTLER MENDELSON P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h 5t u 5CFr 3y Al .o 0P o 39ar 00 r 8k 0 6E 7a .3st 1 07 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 2 of 17 Page ID #:189

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. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets, corporate financial data and other 13 technical and/or proprietary information for which special protection from public 14 disclosure and from use for any purpose other than prosecution of this action is 15 warranted. Such confidential and proprietary materials and information consist of, 16 among other things, confidential business or financial information, information 17 regarding confidential business practices, or other confidential research, 18 development, or commercial information (including information implicating 19 privacy rights of third parties), information otherwise generally unavailable to the 20 public. Further, additional information regarding the private personal information 21 of Plaintiff or employees may need to be produced. Such information may be 22 privileged or otherwise protected from disclosure under state or federal statutes, 23 court rules, case decisions, or common law. Accordingly, to expedite the flow of 24 information, to facilitate the prompt resolution of disputes over confidentiality of 25 discovery materials, to adequately protect information the parties are entitled to 26 keep confidential, to ensure that the parties are permitted reasonable necessary uses 27 of such material in preparation for and in the conduct of trial, to address their 28 handling at the end of the litigation, and serve the ends of justice, a protective order LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 2 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 3 of 17 Page ID #:190

1 for such information is justified in this matter. It is the intent of the parties that 2 information will not be designated as confidential for tactical reasons and that 3 nothing be so designated without a good faith belief that it has been maintained in 4 a confidential, non-public manner, and there is good cause why it should not be part 5 of the public record of this case. 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 7 SEAL 8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 and the standards that will be applied when a party seeks permission from the court 12 to file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 proceedings and records in civil cases. In connection with non-dispositive motions, 15 good cause must be shown to support a filing under seal. See Kamakana v. City and 16 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 17 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 18 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 19 require good cause showing), and a specific showing of good cause or compelling 20 reasons with proper evidentiary support and legal justification, must be made with 21 respect to Protected Material that a party seeks to file under seal. The parties’ mere 22 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 23 without the submission of competent evidence by declaration, establishing that the 24 material sought to be filed under seal qualifies as confidential, privileged, or 25 otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 compelling reasons, not only good cause, for the sealing must be shown, and the 28 relief sought shall be narrowly tailored to serve the specific interest to be protected. LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 3 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 4 of 17 Page ID #:191

1 See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For 2 each item or type of information, document, or thing sought to be filed or introduced 3 under seal in connection with a dispositive motion or trial, the party seeking 4 protection must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence supporting 6 the application to file documents under seal must be provided by declaration. Any 7 document that is not confidential, privileged, or otherwise protectable in its entirety 8 will not be filed under seal if the confidential portions can be redacted. If documents 9 can be redacted, then a redacted version for public viewing, omitting only the 10 confidential, privileged, or otherwise protectable portions of the document, shall be 11 filed. Any application that seeks to file documents under seal in their entirety should 12 include an explanation of why redaction is not feasible. 13 14 2. DEFINITIONS 15 2.1 Action: United States District Court for the Central District of California, 16 Case No. 2:22-CV-00426-SVW-AFM 17 2.2 Challenging Party: a Party or Non-Party that challenges the designation 18 of information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 22 the Good Cause Statement. 23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 24 support staff). 25 2.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 2.6 Disclosure or Discovery Material: all items or information, regardless of LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 4 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 5 of 17 Page ID #:192

1 the medium or manner in which it is generated, stored, or maintained (including, 2 among other things, testimony, transcripts, and tangible things), that are produced 3 or generated in disclosures or responses to discovery in this matter. 4 2.7 Expert: a person with specialized knowledge or experience in a matter 5 pertinent to the litigation who has been retained by a Party or its counsel to serve as 6 an expert witness or as a consultant in this Action. 7 2.8 House Counsel: attorneys who are employees of a party to this Action. 8 House Counsel does not include Outside Counsel of Record or any other outside 9 counsel. 10 2.9 Non-Party: any natural person, partnership, corporation, association or 11 other legal entity not named as a Party to this action. 12 2.10 Outside Counsel of Record: attorneys who are not employees of a party 13 to this Action but are retained to represent or advise a party to this Action and have 14 appeared in this Action on behalf of that party or are affiliated with a law firm that 15 has appeared on behalf of that party, and includes support staff. 16 2.11 Party: any party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 20 Discovery Material in this Action. 21 2.13 Professional Vendors: persons or entities that provide litigation support 22 services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) 24 and their employees and subcontractors. 25 2.14 Protected Material: any Disclosure or Discovery Material that is 26 designated as “CONFIDENTIAL.” 27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 28 from a Producing Party. LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 5 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 6 of 17 Page ID #:193

1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or 13 introduced as an exhibit at trial becomes public and will be presumptively available 14 to all members of the public, including the press, unless compelling reasons 15 supported by specific factual findings to proceed otherwise are made to the trial 16 judge in advance of the trial. See Kamakana,

(distinguishing 17 “good cause” showing for sealing documents produced in discovery from 18 “compelling reasons” standard when merits-related documents are part of court 19 record). Accordingly, the terms of this protective order do not extend beyond the 20 commencement of the trial. 21 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1 Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that 26 qualifies under the appropriate standards. The Designating Party must designate for 27 protection only those parts of material, documents, items or oral or written 28 communications that qualify so that other portions of the material, documents, items LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 6 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 7 of 17 Page ID #:194

1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in this 12 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) for information in documentary form (e.g., paper or electronic documents, 18 but excluding transcripts of depositions or other pretrial or trial proceedings), that 19 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” 20 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected 21 material. If only a portion of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s)(e.g., by making 23 appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 7 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 8 of 17 Page ID #:195

1 documents it wants copied and produced, the Producing Party must determine 2 which documents, or portions thereof, qualify for protection under this Order. Then, 3 before producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 (b) for testimony given in depositions that the Designating Party identifies 9 the Disclosure or Discovery Material on the record, before the close of the 10 deposition all protected testimony. 11 (c) for information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 exterior of the container or containers in which the information is stored the legend 14 “CONFIDENTIAL.” If only a portion or portions of the information warrants 15 protection, the Producing Party, to the extent practicable, shall identify the protected 16 portion(s). 17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such material. 20 Upon timely correction of a designation, the Receiving Party must make reasonable 21 efforts to assure that the material is treated in accordance with the provisions of this 22 Order. 23 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 8 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 9 of 17 Page ID #:196

1 resolution process under Local Rule 37-1 et seq. 2 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 3 stipulation pursuant to Local Rule 37-2. 4 6.4 The burden of persuasion in any such challenge proceeding shall be on 5 the Designating Party. Frivolous challenges, and those made for an improper 6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 7 parties) may expose the Challenging Party to sanctions. Unless the Designating 8 Party has waived or withdrawn the confidentiality designation, all parties shall 9 continue to afford the material in question the level of protection to which it is 10 entitled under the Producing Party’s designation until the Court rules on the 11 challenge. 12 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material that is 15 disclosed or produced by another Party or by a Non-Party in connection with this 16 Action only for prosecuting, defending or attempting to settle this Action. Such 17 Protected Material may be disclosed only to the categories of persons and under the 18 conditions described in this Order. When the Action has been terminated, a 19 Receiving Party must comply with the provisions of section 13 below (FINAL 20 DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated 27 “CONFIDENTIAL” only to: 28 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 9 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 10 of 17 Page ID #:197

1 as employees of said Outside Counsel of Record to whom it is reasonably necessary 2 to disclose the information for this Action; 3 (b) the officers, directors, and employees (including House Counsel) of the 4 Receiving Party to whom disclosure is reasonably necessary for this Action; 5 (c) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this Action and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (d) the court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this Action and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (h) during their depositions, witnesses, and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 18 will not be permitted to keep any confidential information unless they sign the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 20 agreed by the Designating Party or ordered by the court. Pages of transcribed 21 deposition testimony or exhibits to depositions that reveal Protected Material may 22 be separately bound by the court reporter and may not be disclosed to anyone except 23 as permitted under this Stipulated Protective Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement discussions. 26 27 28 LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 10 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 11 of 17 Page ID #:198

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification shall 7 include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be pursued 13 by the Designating Party whose Protected Material may be affected. If the 14 Designating Party timely seeks a protective order, the Party served with the 15 subpoena or court order shall not produce any information designated in this action 16 as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a Non- 25 Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 11 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 12 of 17 Page ID #:199

1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party that 7 some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 10 Order in this Action, the relevant discovery request(s), and a reasonably specific 11 description of the information requested; and 12 (3) make the information requested available for inspection by the Non-Party, 13 if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within14 15 days of receiving the notice and accompanying information, the Receiving Party 16 way produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 10. 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 (a) notify 27 inwriting the Designating Party of the unauthorized disclosures, (b) use its best 28 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 12 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 13 of 17 Page ID #:200

1 person or persons to whom unauthorized disclosures were made of all the terms of 2 this Order, and (d) request such person or persons to execute the “Acknowledgment 3 and Agreement to Be Bound” that is attached hereto as Exhibit A. 4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without 11 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 12 as the parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16

17 12. MISCELLANEOUS 18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 19 person to seek its modification by the Court in the future. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order, no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in this 23 Stipulated Protective Order. Similarly, no Party waives any right to object on any 24 ground to use in evidence of any of the material covered by this Protective Order. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 27 only be filed under seal pursuant to a court order authorizing the sealing of the 28 specific Protected Material at issue. If a Party’s request to file Protected Material LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 13 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 14 of 17 Page ID #:201

1 under seal is denied by the court, then the Receiving Party may file the information 2 in the public record unless otherwise instructed by the court. 3 13. FINAL DISPOSITION 4 After the final disposition of this Action, as defined in paragraph 4, within 5 60days of a written request by the Designating Party, each Receiving Party must 6 return all Protected Material to the Producing Party or destroy such material. As 7 used in this subdivision, “all Protected Material” includes all copies, abstracts, 8 compilations, summaries, and any other format reproducing or capturing any of the 9 Protected Material. Whether the Protected Material is returned or destroyed, the 10 Receiving Party must submit a written certification to the Producing Party (and, if 11 not the same person or entity, to the Designating Party) by the 60 day deadline that 12 (1) identifies (by category, where appropriate) all the Protected Material that was 13 returned or destroyed and (2) affirms that the Receiving Party has not retained any 14 copies, abstracts, compilations, summaries or any other format reproducing or 15 capturing any of the Protected Material. Notwithstanding this provision, Counsel 16 are entitled to retain an archival copy of all pleadings, motion papers, trial, 17 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 18 and trial exhibits, expert reports, attorney work product, and consultant and expert 19 work product, even if such materials contain Protected Material. Any such archival 20 copies that contain or constitute Protected Material remain subject to this Protective 21 Order as set forth in Section 4 (DURATION). 22

23 14. VIOLATION 24 Any violation of this Order may be punished by appropriate measures 25 including, without limitation, contempt proceedings and/or monetary sanctions. 26

27

28

LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 14 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document16 Filed 03/18/22 Page15o0f17 Page ID#:202

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 Dated: March 18, 2022 LITTLER MENDELSON P.C. 5 /s/ Devon S. Mills Sarah E. Ross 6 Devon S Mills Attorneys for Defendant 7 THE GOODYEAR TIRE & RUBBER COMPANY 0 Dated: March 18, 2022 ALEXANDER MORRISON + FEHR LLP 11 12 /s/ Tracy Fehr 13 Tracy L. Fehr John L. Schwab. 14 Attorneys for Plaintiff MICHAEL SHERLOCK 15 16 || Dated: March 18, 2022 LAW OFFICES OF G. SAMUEL CLEAVER 17 18 /s/ Samuel Cleaver 19 G. Samuel Cleaver Attorney for Plaintiff MICHAEL 20 SHERLOCK 21 37 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 || DATED: 3/18/2022 24 «| (aly Nor 26 || □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ HON. ALEXANDER F. MacKINNON 27 United States Magistrate Judge 28 □□ 15 STIPULATION AND PROTECTIVE ORDER

Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 16 of 17 Page ID #:203

1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that was 7 issued by the United States District Court for the Central District of California on 8 ____________[date] in the case of Michael Sherlock v. The Goodyear Tire & Rubber 9 Company, Case No. 2:22-CV-00426-SVW-AFM. I agree to comply with and to be 10 bound by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. I further 15 agree to submit to the jurisdiction of the United States District Court for the Central 16 District of California for enforcing the terms of this Stipulated Protective Order, even 17 if such enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and 20 telephone number] as my California agent for service of process in connection with 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 16 STIPULATION AND PROTECTIVE ORDER Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 17 of 17 Page ID #:204

1 4894-3606-6838.1 / 056530-1311

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON P.C. Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 17 STIPULATION AND PROTECTIVE ORDER