Case 221-cv-04905-RSWL-PD Document18 Filed 08/29/22 Page1of18 Page ID #:138 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA — WESTERN DIVISION 10 11 || ANA VILLEGAS, CASE NO. 2:21-cv-04905-RSWL-PD 12 Plaintiff, Assigned for all purposes to: Hon. Judge Ronald S.W. Lew and 13 VS. Magistrate Judge Patricia Donahue 14 First Street Courthouse,

* TARGET CORPORATION, and DOES | Street, Courtroom, Suite 4311 15 || 1 through 50, inclusive, ORDER APPROVING 16 Defendants. STIPULATED PROTECTIVE ORDER 17 18 Filed: May 18, 2021 (State) 19 Removed: June 16, 2021 (Fed.) 20 21 On August 22, 2022, the parties jointly submitted a STIPULATED 22 || PROTECTIVE ORDER. Having reviewed this STIPULATED PROTECTIVE 23 || ORDER, and good causing having been shown, the Court hereby approves the 24 || STIPULATED PROTECTIVE ORDER, the full text of which is set forth below. 25 IT IS SO ORDERED. 26 27||Dated: August 29, 2022 Palace Mrnahoe_ 2g UNITED STATES MAGISTRATE JUDGE

ORDER APPROVING STIPULATED PROTECTIVE ORDER

Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 2 of 18 Page ID #:139

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 disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 set forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the court to file material under seal. 15 16 B. GOOD CAUSE STATEMENT 17 This action is likely to involve trade secrets, individual’s personal and private 18 health information, and other valuable research, development, commercial, 19 financial, technical and/or proprietary information for which special protection from 20 public disclosure and from use for any purpose other than prosecution of this action 21 is warranted. Such confidential and proprietary materials and information consist 22 of, among other things, confidential business or financial information, information 23 regarding confidential business practices, or other confidential research, 24 development, individual’s personal and private health information or commercial 25 information (including information implicating privacy rights of third parties), 26 information otherwise generally unavailable to the public, or which may be 27 privileged or otherwise protected from disclosure under state or federal statutes, 28 2 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 3 of 18 Page ID #:140

1 court rules, case decisions, or common law. Accordingly, to expedite the flow of 2 information, to facilitate the prompt resolution of disputes over confidentiality of 3 discovery materials, to adequately protect information the parties are entitled to keep 4 confidential, to ensure that the parties are permitted reasonable necessary uses of 5 such material in preparation for and in the conduct of trial, to address their handling 6 at the end of the litigation, and serve the ends of justice, a protective order for such 7 information is justified in this matter. It is the intent of the parties that information 8 will not be designated as confidential for tactical reasons and that nothing be so 9 designated without a good faith belief that it has been maintained in a confidential, 10 non-public manner, and there is good cause why it should not be part of the public 11 record of this case. 12 13 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 14 The parties further acknowledge, as set forth in Section 12.3, below, that this 15 Stipulated Protective Order does not entitle them to file confidential information 16 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 17 and the standards that will be applied when a party seeks permission from the court 18 to file material under seal. 19 There is a strong presumption that the public has a right of access to judicial 20 proceedings and records in civil cases. In connection with non-dispositive motions, 21 good cause must be shown to support a filing under seal. See Kamakana v. City and 22 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 23 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 24 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders 25 require good cause showing), and a specific showing of good cause or compelling 26 reasons with proper evidentiary support and legal justification, must be made with 27 respect to Protected Material that a party seeks to file under seal. The parties’ mere 28 3 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 4 of 18 Page ID #:141

1 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 2 without the submission of competent evidence by declaration, establishing that the 3 material sought to be filed under seal qualifies as confidential, privileged, or 4 otherwise protectable—constitute good cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the 7 relief sought shall be narrowly tailored to serve the specific interest to be protected. 8 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 9 each item or type of information, document, or thing sought to be filed or introduced 10 under seal in connection with a dispositive motion or trial, the party seeking 11 protection must articulate compelling reasons, supported by specific facts and legal 12 justification, for the requested sealing order. Again, competent evidence supporting 13 the application to file documents under seal must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. If 16 documents can be redacted, then a redacted version for public viewing, omitting 17 only the confidential, privileged, or otherwise protectable portions of the document, 18 shall be filed. Any application that seeks to file documents under seal in their 19 entirety should include an explanation of why redaction is not feasible. 20 21 2. DEFINITIONS 22 2.1 Action: this pending federal lawsuit. 23 2.2 Challenging Party: a Party or Non-Party that challenges the designation 24 of information or items under this Order. 25 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 26 how it is generated, stored or maintained) or tangible things that qualify for protection 27 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 28 4 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 5 of 18 Page ID #:142

1 Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 3 support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association or 18 other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a party 20 to this Action but are retained to represent or advise a party to this Action and have 21 appeared in this Action on behalf of that party or are affiliated with a law firm that 22 has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 28 5 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 6 of 18 Page ID #:143

1 2.13 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 2.14 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL.” 7 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 8 from a Producing Party. 9 10 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 Protected Material (as defined above), but also (1) any information copied or extracted 13 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 14 Protected Material; and (3) any testimony, conversations, or presentations by Parties 15 or their Counsel that might reveal Protected Material. 16 Any use of Protected Material at trial shall be governed by the orders of the 17 trial judge. This Order does not govern the use of Protected Material at trial. 18 19 20 4. DURATION 21 FINAL DISPOSITION of the action is defined as the conclusion of any 22 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 23 has run. Except as set forth below, the terms of this protective order apply through 24 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 25 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 26 but will have to file a separate action for enforcement of the agreement once all 27 proceedings in this case are complete. 28 6 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 7 of 18 Page ID #:144

1 Once a case proceeds to trial, all of the information that was designated as 2 confidential or maintained pursuant to this protective order becomes public and will 3 be presumptively available to all members of the public, including the press, unless 4 compelling reasons supported by specific factual findings to proceed otherwise are 5 made to the trial judge in advance of the trial. See Kamakana v. City and County of 6 Honolulu,

(9th Cir. 2006) (distinguishing “good cause” 7 showing for sealing documents produced in discovery from “compelling reasons” 8 standard when merits-related documents are part of court record). Accordingly, the 9 terms of this protective order do not extend beyond the commencement of the trial. 10 11 5. DESIGNATING PROTECTED MATERIAL 12 5.1 Exercise of Restraint and Care in Designating Material for Protection. 13 Each Party or Non-Party that designates information or items for protection under this 14 Order must take care to limit any such designation to specific material that qualifies 15 under the appropriate standards. The Designating Party must designate for protection 16 only those parts of material, documents, items or oral or written communications that 17 qualify so that other portions of the material, documents, items or communications 18 for which protection is not warranted are not swept unjustifiably within the ambit of 19 this Order. 20 Mass, indiscriminate or routinized designations are prohibited. Designations 21 that are shown to be clearly unjustified or that have been made for an improper 22 purpose (e.g., to unnecessarily encumber the case development process or to impose 23 unnecessary expenses and burdens on other parties) may expose the Designating Party 24 to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it 26 designated for protection do not qualify for protection, that Designating Party must 27 promptly notify all other Parties that it is withdrawing the inapplicable designation. 28 7 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 8 of 18 Page ID #:145

1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 contains protected material. If only a portion or portions of the material on a page 12 qualifies for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for 15 inspection need not designate them for protection until after the inspecting Party has 16 indicated which documents it would like copied and produced. During the inspection 17 and before the designation, all of the material made available for inspection shall be 18 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 19 it wants copied and produced, the Producing Party must determine which documents, 20 or portions thereof, qualify for protection under this Order. Then, before producing 21 the specified documents, the Producing Party must affix the “CONFIDENTIAL 22 legend” to each page that contains Protected Material. If only a portion of the material 23 on a page qualifies for protection, the Producing Party also must clearly identify the 24 protected portion(s) (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in depositions that the Designating Party 26 identifies the Disclosure or Discovery Material on the record, before the close of the 27 deposition all protected testimony. 28 8 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 9 of 18 Page ID #:146

1 (c) for information produced in some form other than documentary and 2 for any other tangible items, that the Producing Party affix in a prominent place on 3 the exterior of the container or containers in which the information is stored the legend 4 “CONFIDENTIAL.” If only a portion or portions of the information warrants 5 protection, the Producing Party, to the extent practicable, shall identify the protected 6 portion(s). 7 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, waive the 9 Designating Party’s right to secure protection under this Order for such material. 10 Upon timely correction of a designation, the Receiving Party must make reasonable 11 efforts to assure that the material is treated in accordance with the provisions of this 12 Order. 13 14 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 17 designation of confidentiality at any time that is consistent with the Court’s 18 Scheduling Order. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37.1 et seq. or follow the procedures for informal, 21 telephonic discovery hearings on the Court’s website. 22 6.3 The burden of persuasion in any such challenge proceeding shall be on 23 the Designating Party. Frivolous challenges, and those made for an improper purpose 24 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 25 expose the Challenging Party to sanctions. Unless the Designating Party has waived 26 or withdrawn the confidentiality designation, all parties shall continue to afford the 27 28 9 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 10 of 18 Page ID #:147

1 material in question the level of protection to which it is entitled under the Producing 2 Party’s designation until the Court rules on the challenge. 3 4 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 conditions described in this Order. When the Action has been terminated, a Receiving 10 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of 22 the Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 10 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 11 of 18 Page ID #:148

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or 5 a custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in 7 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 8 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 9 will not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may be 13 separately bound by the court reporter and may not be disclosed to anyone except as 14 permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 19 OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation 21 that compels disclosure of any information or items designated in this Action as 22 “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such notification shall 24 include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order to 26 issue in the other litigation that some or all of the material covered by the subpoena 27 or order is subject to this Protective Order. Such notification shall include a copy of 28 11 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 12 of 18 Page ID #:149

1 this Stipulated Protective Order; and 2 (c) cooperate with respect to all reasonable procedures sought to be pursued 3 by the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this action 6 as “CONFIDENTIAL” before a determination by the court from which the subpoena 7 or order issued, unless the Party has obtained the Designating Party’s permission. The 8 Designating Party shall bear the burden and expense of seeking protection in that court 9 of its confidential material and nothing in these provisions should be construed as 10 authorizing or encouraging a Receiving Party in this Action to disobey a lawful 11 directive from another court. 12 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 (a) The terms of this Order are applicable to information produced by a Non- 16 Party in this Action and designated as “CONFIDENTIAL.” Such information 17 produced by Non-Parties in connection with this litigation is protected by the 18 remedies and relief provided by this Order. Nothing in these provisions should be 19 construed as prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to produce 21 a Non-Party’s confidential information in its possession, and the Party is subject to an 22 agreement with the Non-Party not to produce the Non-Party’s confidential 23 information, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the Non-Party 25 that some or all of the information requested is subject to a confidentiality agreement 26 with a Non-Party; 27 (2) promptly provide the Non-Party with a copy of the Stipulated 28 12 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 13 of 18 Page ID #:150

1 Protective Order in this Action, the relevant discovery request(s), and a reasonably 2 specific description of the information requested; and 3 (3) make the information requested available for inspection by the Non- 4 Party, if requested. 5 (c) If the Non-Party fails to seek a protective order from this court within 14 6 days of receiving the notice and accompanying information, the Receiving Party may 7 produce the Non-Party’s confidential information responsive to the discovery request. 8 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 9 any information in its possession or control that is subject to the confidentiality 10 agreement with the Non-Party before a determination by the court. Absent a court 11 order to the contrary, the Non-Party shall bear the burden and expense of seeking 12 protection in this court of its Protected Material. 13 14 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 18 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 20 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and (d) request such person or persons to execute the “Acknowledgment and 22 Agreement to Be Bound” that is attached hereto as Exhibit A. 23 24 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 25 PROTECTED MATERIAL 26 When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other protection, 28 13 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 14 of 18 Page ID #:151

1 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 2 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 3 may be established in an e-discovery order that provides for production without prior 4 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 5 parties reach an agreement on the effect of disclosure of a communication or 6 information covered by the attorney-client privilege or work product protection, the 7 parties may incorporate their agreement in the stipulated protective order submitted 8 to the court. 9 10 12. MISCELLANEOUS 11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 12 person to seek its modification by the Court in the future. 13 12.2 Right to Assert Other Objections. By stipulating to the entry of this 14 Protective Order, no Party waives any right it otherwise would have to object to 15 disclosing or producing any information or item on any ground not addressed in this 16 Stipulated Protective Order. Similarly, no Party waives any right to object on any 17 ground to use in evidence of any of the material covered by this Protective Order. 18 12.3 Filing Protected Material. A Party that seeks to file under seal any 19 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 20 only be filed under seal pursuant to a court order authorizing the sealing of the specific 21 Protected Material at issue. If a Party’s request to file Protected Material under seal 22 is denied by the court, then the Receiving Party may file the information in the public 23 record unless otherwise instructed by the court. 24 25 13. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 4, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 28 14 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 15 of 18 Page ID #:152

1 all Protected Material to the Producing Party or destroy such material. As used in this 2 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 3 summaries, and any other format reproducing or capturing any of the Protected 4 Material. Whether the Protected Material is returned or destroyed, the Receiving 5 Party must submit a written certification to the Producing Party (and, if not the same 6 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 7 (by category, where appropriate) all the Protected Material that was returned or 8 destroyed and (2) affirms that the Receiving Party has not retained any copies, 9 abstracts, compilations, summaries or any other format reproducing or capturing any 10 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 11 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 12 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 13 reports, attorney work product, and consultant and expert work product, even if such 14 materials contain Protected Material. Any such archival copies that contain or 15 constitute Protected Material remain subject to this Protective Order as set forth in 16 Section 4 (DURATION). 17 18 14. Any violation of this Order may be punished by appropriate measures 19 including, without limitation, contempt proceedings and/or monetary sanctions. 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 DATED: August 18, 2022

23 CARPENTER, ZUCKERMAN & ROWLEY, LLP 24

25 /s/ Sark Ohanian 26 By: PAUL S. ZUCKERMAN, ESQ. SARK OHANIAN, ESQ. 27 Attorneys for Plaintiff, ANA VILLEGAS 28 15 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document Filed 08/29/22 Page16o0f18 Page ID #:153 DATED: August 18, 2022 3 || QUINTAIROS, PRIETO, WOOD & BOYER, P.A. 5 || 4s/ David G. Halm 6 By: DAVID G. HALM, ESQ. 7 Attorneys for Defendant, TARGET CORPORATION 9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

10 1 DATED: August 29. 2022

12 I3 PF abuce Lona kue_ 14] Patricia Donahue 15 United States Magistrate Judge 16 Pursuant to Local Rule 5-4.3.4(a)(2)(1), the filer attests that all signatories listed, and 17} on whose behalf the filing is submitted, concur in the filing’s content and have 18 || authorized the filing. 19 20 21 22 23 24 25 26 27 28

ORDER ON STIPULATION TO DISMISS ENTIRE ACTION

Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 17 of 18 Page ID #:154

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 that 6 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 ANA VILLEGAS vs. TARGET CORPORATION, ET AL., CASE 9 NO. 2:21-cv-04905-RSWL-PD. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any information 13 or item that is subject to this Stipulated Protective Order to any person or entity except 14 in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for enforcing the terms of this Stipulated Protective 17 Order, even if such enforcement proceedings occur after termination of this action. I 18 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 Printed name: _______________________________ 26 27 Signature: __________________________________

28 17 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION Case 2:21-cv-04905-RSWL-PD Document 18 Filed 08/29/22 Page 18 of 18 Page ID #:155

1 PROOF OF SERVICE 2 I am a citizen of the United States. My business address is 500 North Brand 3 Boulevard, Suite 1650, Glendale, California 91203. I am employed in the County of Los Angeles where this service occurs. I am over the age of 18 years, and not a party 4 to the within cause.

5 On the date set forth below, according to ordinary business practice, I served the foregoing document(s) described as: 6 [PROPOSED] ORDER APPROVING STIPULATED PROTECTIVE 7 ORDER

8  (BY CM/ECF) I hereby certify that on this date, I electronically filed the 9 foregoing with the Clerk of the Court using the CM/ECF system which will s end notification of such filing to the e-mail addresses denoted on the 10 Electronic Mail notice list, and I hereby certify that I have mailed the 11 foregoing document or paper via the United States Postal Service to the non- CM/ECF participants (if any) indicated on the Manual Notice list 12

13 CARPENTER, ZUCKERMAN & ROWLEY Paul S. Zuckerman, Esq. (SBN 155539) 14 8827 West Olympic Boulevard 15 Beverly Hills, CA 90211 T: (310) 273-1230 16 F: (310) 858-1063 17 [email protected] Attorneys for Plaintiff, 18 ANA VILLEGAS 19  (Federal) I declare under penalty of perjury under the laws of the United 20 States of America that the foregoing is true and correct 21 Executed on August 29, 2022, at Glendale, California. 22 23 /s/ Liseth Gonzalez 24 LISETH GONZALEZ

25 26 27 28 18 ORDER ON STIPULATION TO DISMISS ENTIRE ACTION