Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 1 of 18 Page ID #:230

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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 CRUZ PEREZ JR., individually, and Case No. 2:22-cv-00145-RAO on behalf of other members of the 12 general public similarly situated; [PROPOSED] STIPULATED PROTECTIVE ORDER 13 Plaintiff,

14 v.

15 BODYCOTE THERMAL PROCESSING, INC., a Delaware 16 corporation; and DOES 1 through 100, inclusive, 17 Defendants. 18

19 20 1. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary, trade secret or private information for which special protection from 23 public disclosure and from use for any purpose other than prosecuting and defending 24 this Action may be warranted. Accordingly, the parties to this Action hereby stipulate 25 to and petition the Court to enter the following Stipulated Protective Order. The 26 parties acknowledge that this Order does not confer blanket protections on all 27 disclosures or responses to discovery and that the protection it affords from public 28 disclosure and use extends only to the limited information or items that are entitled to

- 1 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 2 of 18 Page ID #:231

1 confidential treatment under the applicable legal principles. 2 2. GOOD CAUSE STATEMENT 3 This action is likely to involve confidential, proprietary, or sensitive materials 4 and valuable commercial, operational, and financial information for which special 5 protection from public disclosure and from use for any purpose other than prosecution 6 of this action is warranted. Such confidential, proprietary, or sensitive materials and 7 information consists of, among other things, confidential business or financial 8 information, information regarding confidential business practices, information from 9 employment personnel files (including employees’ financial information, disciplinary 10 records, names, addresses and/or telephone numbers) and information otherwise 11 generally unavailable to the public, or which may be privileged or otherwise protected 12 from disclosure under state or federal statutes, court rules, case decisions, or common 13 law. 14 Accordingly, to expedite the flow of information, to facilitate the prompt 15 resolution of disputes over confidentiality of discovery materials, to adequately 16 protect information the parties are entitled to keep confidential, to ensure that the 17 parties are permitted reasonable necessary uses of such material in preparation for and 18 in the conduct of trial, to address their handling at the end of the litigation, and serve 19 the ends of justice, a protective order for such information is justified in this matter. 20 It is the intent of the parties that information will not be designated as confidential for 21 tactical reasons and that nothing be so designated without a good faith belief that it 22 has been maintained in a confidential, non-public manner, and there is good cause 23 why it should not be part of the public record of this case. 24 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 25 SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information 28 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and - 2 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 3 of 18 Page ID #:232

1 the standards that will be applied when a party seeks permission from the Court to file 2 material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, 5 good cause must be shown to support a filing under seal. See Kamakana v. City and 6 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 7 Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 8

(E.D. Wis. 1999) (even stipulated protective orders require good 9 cause showing), and a specific showing of good cause or compelling reasons with 10 proper evidentiary support and legal justification, must be made with respect to 11 Protected Material that a party seeks to file under seal. The parties’ mere designation 12 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 13 submission of competent evidence by declaration, establishing that the material 14 sought to be filed under seal qualifies as confidential, privileged, or otherwise 15 protectable—constitute good cause. 16 The parties agree to abide by all parts of L.R. 79-5.2.2 and to promptly respond 17 to communications related to any party filing a document marked as 18 CONFIDENTIAL. 19 Further, if a party requests sealing related to a dispositive motion or trial, then 20 compelling reasons, not only good cause, for the sealing must be shown, and the relief 21 sought shall be narrowly tailored to serve the specific interest to be protected. See 22 Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For each 23 item or type of information, document, or thing sought to be filed or introduced under 24 seal in connection with a dispositive motion or trial, the party seeking protection must 25 articulate compelling reasons, supported by specific facts and legal justification, for 26 the requested sealing order. Again, competent evidence supporting the application to 27 file documents under seal must be provided by declaration. 28 - 3 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 4 of 18 Page ID #:233

1 Any document that is not confidential, privileged, or otherwise protectable in 2 its entirety will not be filed under seal if the confidential portions can be redacted. If 3 documents can be redacted, then a redacted version for public viewing, omitting only 4 the confidential, privileged, or otherwise protectable portions of the document shall 5 be filed. Any application that seeks to file documents under seal in their entirety 6 should include an explanation of why redaction is not feasible. 7 4. DEFINITIONS 8 4.1 Action: this pending federal lawsuit. 9 4.2 Challenging Party: A Party or Non-Party that challenges the designation 10 of information or items under this Order. 11 4.3 “CONFIDENTIAL” Information or Items: Information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for protection 13 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 14 Cause Statement. 15 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 16 support staff). 17 4.5 Designating Party: A Party or Non-Party that designates information or 18 items that it produces in disclosures or in responses to discovery as 19 “CONFIDENTIAL.” 20 4.6 Disclosure or Discovery Material: All items or information, regardless 21 of the medium or manner in which it is generated, stored, or maintained (including, 22 among other things, testimony, transcripts, and tangible things) that are produced or 23 generated in disclosures or responses to discovery in this matter. 24 4.7 Expert: A person with specialized knowledge or experience in a matter 25 pertinent to the litigation of this Action who has been retained by a Party or its counsel 26 to serve as an expert witness or as a consultant in this Action. 27 4.8 In-House Counsel: Attorneys who are employees of a party to this 28 Action. In-House Counsel does not include Outside Counsel of Record or any other - 4 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 5 of 18 Page ID #:234

1 outside counsel. 2 4.9 Non-Party: Any natural person, partnership, corporation, association or 3 other legal entity not named as a Party to this Action. 4 4.10 Outside Counsel of Record: Attorneys who are not employees of a Party 5 to this Action but are retained to represent or advise a party to this Action and have 6 appeared in this Action on behalf of that Party or are affiliated with a law firm that 7 has appeared on behalf of that Party, and includes support staff. 8 4.11 Party: Any party to this Action, including all of its officers, directors, 9 employees, consultants, retained Experts, and Outside Counsel of Record (and their 10 support staffs). 11 4.12 Producing Party: A Party or Non-Party that produces Disclosure or 12 Discovery Material in this Action. 13 4.13 Professional Vendors: Persons or entities that provide litigation support 14 services (e.g., photocopying, videotaping, translating, preparing exhibits or 15 demonstrations, and organizing, storing, or retrieving data in any form or medium) 16 and their employees and subcontractors. 17 4.14 Protected Material: Any Disclosure or Discovery Material that is 18 designated as “CONFIDENTIAL.” 19 4.15 Receiving Party: A Party that receives Disclosure or Discovery Material 20 from a Producing Party. 21 5. SCOPE 22 The protections conferred by this Stipulation and Order cover not only 23 Protected Material (as defined above), but also (1) any information copied or extracted 24 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 25 Protected Material; and (3) any testimony, conversations, or presentations by Parties 26 or their Counsel that might reveal Protected Material. Any use of Protected Material 27 at trial shall be governed by the orders of the trial judge. This Order does not govern 28 the use of Protected Material at trial. - 5 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 6 of 18 Page ID #:235

1 6. DURATION 2 Once a case proceeds to trial, information that was designated as 3 CONFIDENTIAL or maintained pursuant to this Protective Order and used or 4 introduced as an exhibit at trial becomes public and will be presumptively available 5 to all members of the public, including the press, unless compelling reasons supported 6 by specific factual findings to proceed otherwise are made to the trial judge in advance 7 of the trial. See Kamakana,

(distinguishing “good cause” 8 showing for sealing documents produced in discovery from “compelling reasons” 9 standard when merits-related documents are part of court record). Accordingly, the 10 terms of this Protective Order do not extend beyond the commencement of the trial 11 with respect to information used or introduced as an exhibit at trial. The disposition 12 of all other documents or information designated as CONFIDENTIAL remains 13 subject to the provisions of Section 15 FINAL DISPOSITION. 14 7. DESIGNATING PROTECTED MATERIAL 15 7.1 Exercise of Restraint and Care in Designating Material for Protection. 16 Each Party or Non-Party that designates information or items for protection under this 17 Protective Order must take care to limit any such designation to specific material that 18 qualifies under the appropriate standards. To the extent it is practical to do so, the 19 Designating Party must designate for protection only those parts of material, 20 documents, items or oral or written communications that qualify so that other portions 21 of the material, documents, items or communications for which protection is not 22 warranted are not swept unjustifiably within the ambit of this Order. 23 Mass, indiscriminate or routinized designations are prohibited. Designations 24 that are shown to be clearly unjustified or that have been made for an improper 25 purpose (e.g., to unnecessarily encumber the case development process or to impose 26 unnecessary expenses and burdens on other parties) may expose the Designating Party 27 to sanctions. 28 - 6 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 7 of 18 Page ID #:236

1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 7.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires the following: 10 (a) For information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 14 contains protected material. If only a portion of the material on a page qualifies for 15 protection, the Producing Party, to the extent practicable, will identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for 18 inspection need not designate them for protection until after the inspecting Party has 19 indicated which material it would like copied and produced. During the inspection 20 and before the designation, all of the material made available for inspection shall be 21 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 22 it wants copied and produced, the Producing Party must determine which documents, 23 or portions thereof, qualify for protection under this Order. Then, before producing 24 the specified documents, the Producing Party must affix the “CONFIDENTIAL 25 legend” to each page that contains Protected Material. If only a portion of the material 26 on a page qualifies for protection, the Producing Party also must clearly identify the 27 protected portion(s) (e.g., by making appropriate markings in the margins). For 28 documents produced electronically in a format that includes separate pagination, to - 7 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 8 of 18 Page ID #:237

1 the extent practicable, the Designating Party must affix the legend 2 “CONFIDENTIAL” to each electronic page of such documents that contains 3 Protected Material. For documents produced in a format which does not lend itself to 4 separate pagination, confidentiality shall be designated in a reasonable manner. 5 (b) For testimony given in depositions or in other pretrial proceedings 6 that the Designating Party identifies the Disclosure or Discovery Material on the 7 record, before the close of deposition, hearing, or other proceeding, all protected 8 testimony. When it is impractical to identify separately each portion of testimony that 9 is entitled to protection and it appears that different portions of the testimony may 10 qualify for protection, the Designating Party may invoke on the record (before the 11 deposition, hearing, or other proceeding is concluded) a right to have up to 30 days 12 following receipt of the official transcript by the Designating Party to identify the 13 specific portions of the testimony as to which protection is sought. Only those 14 portions of the testimony that are appropriately designated for protection within the 15 30 days shall be covered by the provisions of this Protective Order. Alternatively, a 16 Designating Party may specify, at the deposition or hearing or up to 30 days following 17 receipt of the official deposition transcript by the Designating Party if that period is 18 properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL.”. 19 Parties shall give the other Parties notice if they reasonably expect a 20 deposition, hearing or other proceeding to include Protected Material so that the other 21 parties can ensure that only authorized individuals who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 23 proceedings. Parties shall act with caution at court hearings and conferences so as not 24 to disclose Protected Material publicly without providing an opportunity for the 25 Designating Party to be heard concerning, as appropriate, sealing the courtroom, 26 sealing the transcript, or other relief. For court hearings and conferences, a Party shall 27 provide at least 48 hours’ notice to the Designating Party before discussing, 28 displaying, submitting as evidence, or otherwise entering into the record any Protected - 8 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 9 of 18 Page ID #:238

1 Material produced by the Designating Party. Notwithstanding the foregoing sentence, 2 this advance-notice requirement shall not apply in circumstances where the Party 3 could not have reasonably anticipated so using Protected Material at the court hearing 4 or conference. The Designating Party may move to seal the Protected Material or for 5 other relief either in writing or orally, either before or during the court hearing or 6 conference. The use of a document as an exhibit at a deposition shall not in any way 7 affect its designation as “CONFIDENTIAL.” 8 Transcripts containing Protected Material shall have an obvious legend 9 on the title page that the transcript contains Protected Material, and the title page shall 10 be followed by a list of all pages (including line numbers as appropriate) that have 11 been designated as Protected Material. The Designating Party shall inform the court 12 reporter of these requirements. Any transcript that is prepared before the expiration 13 of a 30-day period for designation shall be treated during that period as if it had been 14 designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the 15 expiration of that period, the transcript shall be treated only as actually designated. 16 (c) For information produced in some form other than documentary 17 and for any other tangible items, that the Producing Party affix in a prominent place 18 on the exterior of the container or containers in which the information is stored the 19 legend “CONFIDENTIAL.” If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, shall identify the protected 21 portion(s). 22 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 23 designate qualified information or items does not, standing alone, waive the 24 Designating Party’s right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must make reasonable 26 efforts to assure that the material is treated in accordance with the provisions of this 27 Order. 28 - 9 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 10 of 18 Page ID #:239

1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 8.1 Timing of Challenges. Any Party or Non-Party with standing to do so 3 may challenge a designation of confidentiality at any time that is consistent with the 4 Court’s Scheduling Order. 5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 8.3 Judicial Intervention. The burden of persuasion in any such challenge 8 proceeding shall be on the Designating Party. Frivolous challenges, and those made 9 for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens 10 on other parties) may expose the Challenging Party to sanctions. Unless the 11 Designating Party has waived or withdrawn the confidentiality designation, all parties 12 shall continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the challenge. 14 9. ACCESS TO AND USE OF PROTECTED MATERIAL 15 9.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a Receiving 20 Party must comply with the provisions of section 15 below (FINAL 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 9.2 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 - 10 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 11 of 18 Page ID #:240

1 (a) the Receiving Party’s Outside Counsel of Record in this Action, 2 as well as employees of said Outside Counsel of Record to whom it is reasonably 3 necessary to disclose the information for this Action; 4 (b) the officers, directors, and employees (including House Counsel) 5 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) the Court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and 12 Professional Vendors to whom disclosure is reasonably necessary for this Action and 13 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information 15 or a custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in 17 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 18 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they 19 will not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 21 agreed by the Designating Party or ordered by the court. Pages of transcribed 22 deposition testimony or exhibits to depositions that reveal Protected Material may be 23 separately bound by the court reporter and may not be disclosed to anyone except as 24 permitted under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. 27 9.3 Custody of Executed Copies of “Acknowledgment and Agreement to Be 28 Bound” (Exhibit A) and Providing Copies to other Party. As to each executed copy - 11 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 12 of 18 Page ID #:241

1 of an “Acknowledgment and Agreement to Be Bound” (Exhibit A) required to be 2 procured by a Party under this Protective Order, the procuring party shall retain the 3 original executed copy and shall produce a copy to the other party upon Court order. 4 All such executed copies of Exhibit A shall themselves be treated as 5 CONFIDENTIAL information. Notwithstanding any contrary language in this 6 Protective Order with respect to retaining CONFIDENTIAL information following 7 final disposition of this Action, each party and its Outside Counsel of Record may 8 retain executed copies of Exhibit A indefinitely. 9 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 10 PRODUCED IN OTHER LITIGATION 11 10.1 If a Party is served with a subpoena or a court order issued in other 12 litigation that compels disclosure of any information or items designated in this 13 Action as “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such 15 notification shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena or 17 order to issue in the other litigation that some or all of the material covered by the 18 subpoena or order is subject to this Protective Order. Such notification shall include 19 a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 10.2 If the Designating Party timely seeks a protective order, the Party served 23 with the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party shall bear the burden and expense of seeking 27 protection in that court of its confidential material and nothing in these provisions 28 should be construed as authorizing or encouraging a Receiving Party in this Action to - 12 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 13 of 18 Page ID #:242

1 disobey a lawful directive from another court. The provisions set forth herein are not 2 intended to, and do not, restrict in any way the procedures set forth in Federal Rule of 3 Civil Procedure 45(d)(3) or (f). 4 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 5 PRODUCED IN THIS ACTION 6 11.1 The terms of this Order are applicable to information produced by a Non- 7 Party in this Action and designated as “CONFIDENTIAL.” Such information 8 produced by Non-Parties in connection with this Action is protected by the remedies 9 and relief provided by this Order. Nothing in these provisions should be construed as 10 prohibiting a Non-Party from seeking additional protections. 11 11.2 In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (a) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a confidentiality agreement 17 with a Non-Party; 18 (b) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (c) make the information requested available for inspection by the 22 Non-Party, if requested. 23 11.3 If the Non-Party fails to seek a protective order from this court within 21 24 days of receiving the notice and accompanying information, the Receiving Party may 25 produce the Non-Party’s confidential information responsive to the discovery request. 26 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 27 any information in its possession or control that is subject to the confidentiality 28 agreement with the Non-Party before a determination by the court. Absent a court - 13 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 14 of 18 Page ID #:243

1 order to the contrary, the Non-Party shall bear the burden and expense of seeking 2 protection in this court of its Protected Material. 3 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and 11 Agreement to Be Bound” that is attached hereto as Exhibit A. 12 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the 16 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d), in the 20 event that privileged or protected material is inadvertently produced or disclosed, 21 such inadvertent production or disclosure shall in no way prejudice or otherwise 22 constitute a waiver of, or estoppel as to, any claim of attorney-client privilege, 23 attorney work product protection, or other applicable protection in this case or any 24 other federal or state proceeding, provided that the Producing Party shall notify the 25 Receiving Party in writing of such protection or privilege promptly after the 26 Producing Party discovers such materials have been inadvertently produced. 27 /// 28 - 14 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 15 of 18 Page ID #:244

1 14. MISCELLANEOUS 2 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 14.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any of the material covered by this Protective Order. 9 14.3 Filing Protected Material. Without written permission from the 10 Designating Party or a Court order secured after appropriate notice to all interested 11 persons, a Party may not file in the public record in this action any Protected Material. 12 A Party that seeks to file under seal any Protected Material must comply with Local 13 Civil Rule 79-5. Protected Material may only be filed under seal pursuant to a court 14 order authorizing the sealing of the specific Protected Material at issue. If a Party’s 15 request to file Protected Material under seal is denied by the Court, then the Receiving 16 Party may file the information in the public record pursuant to Civil Local Rule 79- 17 5(e) unless otherwise instructed by the Court. 18 14.4 Right to Seek Further Protection. Nothing in this Stipulated Protective 19 Order shall be construed to preclude any Party from asserting in good faith that certain 20 Protected Materials require additional protections. The Parties shall meet and confer 21 to agree upon the terms of such additional protection. 22 14.5 Additional Signatories. Any Party or Non-Party to this Proceeding who 23 has not executed this Stipulated Protective Order as of the time it is presented to the 24 Court for signature may thereafter become a Party to this Stipulated Protective Order 25 by its counsel’s signing and dating a copy thereof and filing the same with the Court, 26 and serving copies of such signed and dated copy upon the other Parties to this 27 Stipulated Protective Order. 28 - 15 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 16 of 18 Page ID #:245

1 15. FINAL DISPOSITION 2 After the final disposition of this Action, within 60 days of a written request by 3 the Designating Party, each Receiving Party must return all Protected Material to the 4 Producing Party or destroy such material. As used in this subdivision, “all Protected 5 Material” includes all copies, abstracts, compilations, summaries, and any other 6 format reproducing or capturing any of the Protected Material. Whether the Protected 7 Material is returned or destroyed, the Receiving Party must submit a written 8 certification to the Producing Party (and, if not the same person or entity, to the 9 Designating Party) by the 60 day deadline that (1) identifies (by category, where 10 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 11 that the Receiving Party has not retained any copies, abstracts, compilations, 12 summaries or any other format reproducing or capturing any of the Protected Material. 13 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 14 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 15 correspondence, deposition and trial exhibits, expert reports, attorney work product, 16 and consultant and expert work product, even if such materials contain Protected 17 Material. Any such archival copies that contain or constitute Protected Material 18 remain subject to this Protective Order. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// - 16 - [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page17of18 Page ID #:246

1 || 16. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 || including, without limitation, contempt proceedings and/or evidentiary, terminating, 4 || or monetary sanctions. 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 || DATED: : 05/13/2022 /s/ Jacob Karczewski 9 Attorneys for Plaintiff

10 DATED: 05/13/2022 /s/Ruth Zadikany 11 Attorneys for Defendant 12 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 13 . 14 Rapelis, Qy OZ DATED: May 16, 2022 15 HON. ROZELLA A. OLIVER 6 United States Magistrate Judge 17 ATTESTATION: Pursuant to Local Rule 5-4.3.4, the filer attests that concurrence 18 Il in the filing of this document has been obtained from all signatories. 19 20 21 22 23 24 25 26 27 28 -l|7- [PROPOSED] STIPULATED PROTECTIVE ORDER, CASE NO. 2:22-CV-00145-RAO

Case 2:22-cv-00145-RAO Document 22 Filed 05/16/22 Page 18 of 18 Page ID #:247

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 5 I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of ___________ [insert formal name of the case and the number 8 and initials assigned to it by the court]. I agree to comply with and to be bound by 9 all the terms of this Stipulated Protective Order and I understand and acknowledge 10 that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person or 13 entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order. 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28

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