Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 1 of 15 Page ID #:257

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 ROSELIA TELLO, CASE NO. 2:22-cv-01893-RSWL- PVCx 12 Plaintiff, 13 STIPULATED PROTECTIVE ORDER vs. 14 TARGET CORPORATION AND 15 DOES 1 to 50, inclusive.

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20 1. INTRODUCTION 21 1.1 PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 1 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 2 of 15 Page ID #:258

1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. 4 5 1.2 GOOD CAUSE STATEMENT 6 This action is likely to involve trade secrets, protected health information 7 and other valuable research, development, commercial, financial, technical and/or 8 proprietary information for which special protection from public disclosure and 9 from use for any purpose other than prosecution of this action is warranted. Such 10 confidential and proprietary materials and information consist of, among other 11 things, Defendant Target Corporation’s confidential business information regarding 12 confidential business practices, or other confidential research, development, or 13 commercial information (including information implicating privacy rights of third 14 parties), Plaintiff’s protected health information such as medical records, billing 15 and imaging, and other information otherwise generally unavailable to the public, 16 or which may be privileged or otherwise protected from disclosure under state or 17 federal statutes, court rules, case decisions, or common law. Accordingly, to 18 expedite the flow of information, to facilitate the prompt resolution of disputes over 19 confidentiality of discovery materials, to adequately protect information the parties 20 are entitled to keep confidential, to ensure that the parties are permitted reasonable 21 necessary uses of such material in preparation for and in the conduct of trial, to 22 address their handling at the end of the litigation, and serve the ends of justice, a 23 protective order for such information is justified in this matter. It is the intent of the 24 parties that information will not be designated as confidential for tactical 25 reasons and that nothing be so designated without a good faith belief that it has 26 been maintained in a confidential, non-public manner, and there is good cause why 27 it should not be part of the public record of this case. 28 2 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 3 of 15 Page ID #:259

1 2. DEFINITIONS 2 2.1 Action: this pending federal lawsuit. 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation 4 of information or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 6 how it is generated, stored or maintained) or tangible things that qualify for 7 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 8 Good Cause Statement. 9 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 10 their support staff). 11 2.5 Designating Party: a Party or Non-Party that designates information or 12 items that it produces in disclosures or in responses to discovery as 13 “CONFIDENTIAL.” 14 2.6 Disclosure or Discovery Material: all items or information, regardless 15 of the medium or manner in which it is generated, stored, or maintained (including, 16 among other things, testimony, transcripts, and tangible things), that are produced or 17 generated in disclosures or responses to discovery in this matter. 18 2.7 Expert: a person with specialized knowledge or experience in a matter 19 pertinent to the litigation who has been retained by a Party or its counsel to serve as 20 an expert witness or as a consultant in this Action. 21 2.8 House Counsel: attorneys who are employees of a party to this Action. 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. 24 2.9 Non-Party: any natural person, partnership, corporation, association, or 25 other legal entity not named as a Party to this action. 26 2.10 Outside Counsel of Record: attorneys who are not employees of a party 27 to this Action but are retained to represent or advise a party to this Action and have 28 3 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 4 of 15 Page ID #:260

1 appeared in this Action on behalf of that party or are affiliated with a law firm which 2 has appeared on behalf of that party, and includes support staff. 3 2.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their 5 support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 2.13 Professional Vendors: persons or entities that provide litigation 9 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 and their employees and subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 15 from a Producing Party. 16 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 Any use of Protected Material at trial shall be governed by the orders of the 24 trial judge. This Order does not govern the use of Protected Material at trial. 25 26 4. DURATION 27 FINAL DISPOSITION of the action is defined as the conclusion of any 28 4 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 5 of 15 Page ID #:261

1 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 2 has run. Except as set forth below, the terms of this protective order apply through 3 FINAL DISPOSITION of the action. The parties may stipulate that they will be 4 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 5 but will have to file a separate action for enforcement of the agreement once all 6 proceedings in this case are complete. 7 Once a case proceeds to trial, information that was designated as 8 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 9 as an exhibit at trial becomes public and will be presumptively available to all 10 members of the public, including the press, unless compelling reasons supported by 11 specific factual findings to proceed otherwise are made to the trial judge in advance 12 of the trial. See Kamakana v. City and County of Honolulu,

, 1180- 13 81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents 14 produced in discovery from “compelling reasons” standard when merits-related 15 documents are part of court record). Accordingly, for such materials, the terms of 16 this protective order do not extend beyond the commencement of the trial. 17 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate for 23 protection only those parts of material, documents, items, or oral or written 24 communications that qualify so that other portions of the material, documents, 25 items, or communications for which protection is not warranted are not swept 26 unjustifiably within the ambit of this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 5 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 6 of 15 Page ID #:262

1 that are shown to be clearly unjustified or that have been made for an improper 2 purpose (e.g., to unnecessarily encumber the case development process or to 3 impose unnecessary expenses and burdens on other parties) may expose the 4 Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in 9 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 10 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 11 under this Order must be clearly so designated before the material is disclosed or 12 produced. 13 Designation in conformity with this Order requires: 14 (a) for information in documentary form (e.g., paper or electronic 15 documents, but excluding transcripts of depositions or other pretrial or trial 16 proceedings), that the Producing Party affix at a minimum, the legend 17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 18 contains protected material. If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings in the margins). 21 A Party or Non-Party that makes original documents available for inspection 22 need not designate them for protection until after the inspecting Party has indicated 23 which documents it would like copied and produced. During the inspection and 24 before the designation, all of the material made available for inspection shall be 25 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 26 documents it wants copied and produced, the Producing Party must determine 27 which documents, or portions thereof, qualify for protection under this Order. 28 6 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 7 of 15 Page ID #:263

1 Then, before producing the specified documents, the Producing Party must affix 2 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 3 only a portion or portions of the material on a page qualifies for protection, the 4 Producing Party also must clearly identify the protected portion(s) (e.g., by making 5 appropriate markings in the margins). 6 (b) for testimony given in depositions that the Designating Party identify 7 the Disclosure or Discovery Material on the record, before the close of the deposition 8 all protected testimony. 9 (c) for information produced in some form other than documentary and for 10 any other tangible items, that the Producing Party affix in a prominent place on the 11 exterior of the container or containers in which the information is stored the legend 12 “CONFIDENTIAL.” If only a portion or portions of the information warrants 13 protection, the Producing Party, to the extent practicable, shall identify the protected 14 portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive 17 the Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 22 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time that is consistent with the Court’s 25 Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party will initiate the dispute 27 resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 28 7 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 8 of 15 Page ID #:264

1 et seq. 2 6.3 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper purpose 4 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 5 expose the Challenging Party to sanctions. Unless the Designating Party has waived 6 or withdrawn the confidentiality designation, all parties shall continue to afford the 7 material in question the level of protection to which it is entitled under the Producing 8 Party’s designation until the Court rules on the challenge. 9 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending, or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a 16 Receiving Party must comply with the provisions of section 13 below (FINAL 17 DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 26 as employees of said Outside Counsel of Record to whom it is reasonably necessary 27 to disclose the information for this Action; 28 8 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 9 of 15 Page ID #:265

1 (b) the officers, directors, and employees (including House Counsel) of the 2 Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 15 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 16 not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may 20 be separately bound by the court reporter and may not be disclosed to anyone except 21 as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 26 IN OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation 28 9 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 10 of 15 Page ID #:266

1 that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 (a) promptly notify in writing the Designating Party. Such notification shall 4 include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or order 6 to issue in the other litigation that some or all of the material covered by the subpoena 7 or order is subject to this Protective Order. Such notification shall include a copy of 8 this Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be pursued 10 by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served 12 with the subpoena or court order shall not produce any information designated in 13 this action as “CONFIDENTIAL” before a determination by the court from which 14 the subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party will bear the burden and expense of seeking 16 protection in that court of its confidential material and nothing in these provisions 17 should be construed as authorizing or encouraging a Receiving Party in this Action 18 to disobey a lawful directive from another court. 19 20 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT 21 TO BE PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a 23 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 24 produced by Non-Parties in connection with this litigation is protected by the 25 remedies and relief provided by this Order. Nothing in these provisions should be 26 construed as prohibiting a Non-Party from seeking additional protections. 27 (b) In the event that a Party is required, by a valid discovery request, to 28 10 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 11 of 15 Page ID #:267

1 produce a Non-Party’s confidential information in its possession, and the Party is 2 subject to an agreement with the Non-Party not to produce the Non-Party’s 3 confidential information, then the Party shall: 4 (1) promptly notify in writing the Requesting Party and the Non-Party 5 that some or all of the information requested is subject to a confidentiality agreement 6 with a Non-Party; 7 (2) promptly provide the Non-Party with a copy of the Stipulated 8 Protective Order in this Action, the relevant discovery request(s), and a reasonably 9 specific description of the information requested; and 10 (3) make the information requested available for inspection by the 11 Non-Party, if requested. 12 (c) If the Non-Party fails to seek a protective order from this court within 13 14 days of receiving the notice and accompanying information, the Receiving Party 14 may produce the Non-Party’s confidential information responsive to the discovery 15 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 16 not produce any information in its possession or control that is subject to the 17 confidentiality agreement with the Non-Party before a determination by the court. 18 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 19 of seeking protection in this court of its Protected Material. 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has 22 disclosed Protected Material to any person or in any circumstance not authorized 23 under this Stipulated Protective Order, the Receiving Party must immediately (a) 24 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 25 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 26 the person or persons to whom unauthorized disclosures were made of all the terms 27 of this Order, and (d) request such person or persons to execute the 28 11 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 12 of 15 Page ID #:268

1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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 8 protection, the obligations of the Receiving Parties are those set forth in Federal 9 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 10 whatever procedure may be established in an e-discovery order that provides for 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 13 of a communication or information covered by the attorney-client privilege or work 14 product protection, the parties may incorporate their agreement in the stipulated 15 protective order submitted 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 Civil Local Rule 79-5. Protected Material may 27 only be filed under seal pursuant to a court order authorizing the sealing of the 28 12 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 13 of 15 Page ID #:269

1 specific Protected Material at issue. If a Party's request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 5 13. FINAL DISPOSITION 6 After the final disposition of this Action, as defined in paragraph 4, within 7 60 days of a written request by the Designating Party, each Receiving Party must 8 return all Protected Material to the Producing Party or destroy such material. As 9 used in this subdivision, “all Protected Material” includes all copies, abstracts, 10 compilations, summaries, and any other format reproducing or capturing any of the 11 Protected Material. Whether the Protected Material is returned or destroyed, the 12 Receiving Party must submit a written certification to the Producing Party (and, if 13 not the same person or entity, to the Designating Party) by the 60 day deadline that 14 (1) identifies (by category, where appropriate) all the Protected Material that was 15 returned or destroyed and (2) affirms that the Receiving Party has not retained any 16 copies, abstracts, compilations, summaries or any other format reproducing or 17 capturing any of the Protected Material. Notwithstanding this provision, Counsel 18 are entitled to retain an archival copy of all pleadings, motion papers, trial, 19 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 20 and trial exhibits, expert reports, attorney work product, and consultant and expert 21 work product, even if such materials contain Protected Material. Any such archival 22 copies that contain or constitute Protected Material remain subject to this Protective 23 Order as set forth in Section 4 (DURATION). 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER Case 2:22-cv-01893-RSWL-PVC Document9 Filed 05/11/22 Page14o0f15 Page ID#:270

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. 5|}FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS SO 6 |} ORDERED. 8 || DATED: May 11, 2022 9 fuk 10 HON; PEDRO V. CASTILLO 11 United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATED PROTECTIVE ORDER

Case 2:22-cv-01893-RSWL-PVC Document 9 Filed 05/11/22 Page 15 of 15 Page ID #:271

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 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 7 was issued by the United States District Court for the Central District of 8 California on [date] in the case of Rosella Tello v. Target Corporation, United 9 States District Court, Central District of California, Western Division, Case No. 10 2:22-cv-01893-RSWL-PVC. I agree to comply with and to be bound by all the 11 terms of this Stipulated Protective Order and I understand and acknowledge that 12 failure to so comply could expose me to sanctions and punishment in the nature of 13 contempt. I solemnly promise that I will not disclose in any manner any 14 information or item that is subject to this Stipulated Protective Order to any 15 person or entity except in strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint ________________________ 20 [print or type full name] of _________ [print or type full address and telephone 21 number] as my California agent for service of process in connection with this 22 action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: __________________________ 25 City and State where signed: _________________________________ 26 Printed name: _______________________________ 27 Signature: __________________________________

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