Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 1 of 15 Page ID #:220

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ) Case No. 8:22-cv-00372-CJC-JDEx ) 11 IRVING CARLOS ZUNIGA, on behalf ) 12 of himself and all others similarly ) ) STIPULATED PROTECTIVE ORDER situated, ) 13 Plaintiff, ) ) 14 ) v. ) 15 ) ) 16 HOUSE FOODS AMERICA ) CORPORATION, a California ) 17 ) corporation; HOUSE FOODS ) 18 HOLDING USA, INC., a California ) corporation; and DOES 1 through 100, ) 19 ) inclusive, ) 20 Defendants. ) 21 Based on the parties’ Stipulation (Dkt. 30) and for good cause shown, the 22 Court finds and orders as follows. 23 1. PURPOSES AND LIMITATIONS 24 Discovery in this action is likely to involve production of confidential, 25 proprietary or private information for which special protection from public 26 disclosure and from use for any purpose other than pursuing this litigation may be 27 warranted. Accordingly, the parties hereby stipulate to and petition the Court to 28 enter the following Stipulated Protective Order. The parties acknowledge that this Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 2 of 15 Page ID #:221

1 Order does not confer blanket protections on all disclosures or responses to 2 discovery and that the protection it affords from public disclosure and use extends 3 only to the limited information or items that are entitled to confidential treatment 4 under the applicable legal principles. 5 2. GOOD CAUSE STATEMENT 6 This action is likely to involve trade secrets, employment practices, personal 7 identifying information of third-parties, and proprietary information for which 8 special protection from public disclosure and from use for any purpose other than 9 prosecution of this action is warranted. Such confidential and proprietary materials 10 and information consist of, among other things, confidential business or financial 11 information, information regarding confidential business practices, highly sensitive 12 personal identifying information, information otherwise generally unavailable to 13 the public, or which may be privileged or otherwise protected from disclosure 14 under state or federal statutes, court rules, case decisions, or common law. 15 Accordingly, to expedite the flow of information, to facilitate the prompt resolution 16 of disputes over confidentiality of discovery materials, to adequately protect 17 information the parties are entitled to keep confidential, to ensure that the parties 18 are permitted reasonable necessary uses of such material in preparation for and in 19 the conduct of trial, to address their handling at the end of the litigation, and serve 20 the ends of justice, a protective order for such information is justified in this 21 matter. It is the intent of the parties that information will not be designated as 22 23 confidential for tactical reasons and that nothing be so designated without a good 24 faith belief that it has been maintained in a confidential, non-public manner, and 25 there is good cause why it should not be part of the public record of this case. 26 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 27 PROCEDURE 28 The parties further acknowledge, as set forth in Section 14.3, below, that this 2 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 3 of 15 Page ID #:222

1 Stipulated Protective Order does not entitle them to file confidential information 2 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 3 and the standards that will be applied when a party seeks permission from the court 4 to file material under seal. There is a strong presumption that the public has a right 5 of access to judicial proceedings and records in civil cases. In connection with non- 6 dispositive motions, good cause must be shown to support a filing under seal. See 7 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 8 Phillips v. Gen. Motors Corp.,

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

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

(9th Cir. 21 2010). For each item or type of information, document, or thing sought to be filed 22 23 or introduced under seal, the party seeking protection must articulate compelling 24 reasons, supported by specific facts and legal justification, for the requested sealing 25 order. Again, competent evidence supporting the application to file documents 26 under seal must be provided by declaration. 27 Any document that is not confidential, privileged, or otherwise protectable 28 in its entirety will not be filed under seal if the confidential portions can be 3 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 4 of 15 Page ID #:223

1 redacted. If documents can be redacted, then a redacted version for public viewing, 2 omitting only the confidential, privileged, or otherwise protectable portions of the 3 document, shall be filed. Any application that seeks to file documents under seal in 4 their entirety should include an explanation of why redaction is not feasible. 5 4. DEFINITIONS 6 4.1 Action: this pending federal lawsuit. 7 4.2 Challenging Party: a Party or Non-Party that challenges the 8 designation of information or items under this Order. 9 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 4.5 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 4.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced 21 or generated in disclosures or responses to discovery. 22 23 4.7 Expert: a person with specialized knowledge or experience in a matter 24 pertinent to the litigation who has been retained by a Party or its counsel to serve 25 as an expert witness or as a consultant in this Action. 26 4.8 House Counsel: attorneys who are employees of a party to this 27 Action. House Counsel does not include Outside Counsel of Record or any other 28 outside counsel. 4 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 5 of 15 Page ID #:224

1 4.9 Non-Party: any natural person, partnership, corporation, association or 2 other legal entity not named as a Party to this action. 3 4.10 Outside Counsel of Record: attorneys who are not employees of a 4 party to this Action but are retained to represent a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm that 6 has appeared on behalf of that party, and includes support staff. 7 4.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 4.13 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 4.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 4.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 5. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 23 Protected Material (as defined above), but also (1) any information copied or 24 extracted from Protected Material; (2) all copies, excerpts, summaries, or 25 compilations of Protected Material; and (3) any testimony, conversations, or 26 presentations by Parties or their Counsel that might reveal Protected Material. 27 Any use of Protected Material at trial shall be governed by the orders of the 28 trial judge and other applicable authorities. This Order does not govern the use of 5 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 6 of 15 Page ID #:225

1 Protected Material at trial. 2 6. DURATION 3 Once a case proceeds to trial, information that was designated as 4 CONFIDENTIAL or maintained pursuant to this protective order used or 5 introduced as an exhibit at trial becomes public and will be presumptively 6 available to all members of the public, including the press, unless compelling 7 reasons supported by specific factual findings to proceed otherwise are made to the 8 trial judge in advance of the trial. See Kamakana,

-81 9 (distinguishing “good cause” showing for sealing documents produced in 10 discovery from “compelling reasons” standard when merits-related documents are 11 part of court record). Accordingly, the terms of this protective order do not extend 12 beyond the commencement of the trial. 13 7. DESIGNATING PROTECTED MATERIAL 14 7.1 Exercise of Restraint and Care in Designating Material for 15 Protection. Each Party or Non-Party that designates information or 16 items for protection under this Order must take care to limit any such designation 17 to specific material that qualifies under the appropriate standards. The Designating 18 Party must designate for protection only those parts of material, documents, items 19 or oral or written communications that qualify so that other portions of the 20 material, documents, items or communications for which protection is not 21 warranted are not swept unjustifiably within the ambit of this Order. 22 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 26 impose unnecessary expenses and burdens on other parties) may expose the 27 Designating Party to sanctions. 28 If it comes to a Designating Party’s attention that information or items that it 6 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 7 of 15 Page ID #:226

1 designated for protection do not qualify for protection, that Designating Party must 2 promptly notify all other Parties that it is withdrawing the inapplicable designation. 3 7.2 Manner and Timing of Designations. Except as otherwise provided in 4 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 5 that qualifies for protection under this Order must be clearly so designated before 6 the material is disclosed or produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions or other pretrial or trial 10 proceedings), that the Producing Party affix at a minimum, the legend 11 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 12 contains protected material. If only a portion of the material on a page qualifies for 13 protection, the Producing Party also must clearly identify the protected portion(s) 14 (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and 18 before the designation, all of the material made available for inspection shall be 19 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 20 documents it wants copied and produced, the Producing Party must determine 21 which documents, or portions thereof, qualify for protection under this Order. 22 23 Then, before producing the specified documents, the Producing Party must affix 24 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 25 only a portion of the material on a page qualifies for protection, the Producing 26 Party also must clearly identify the protected portion(s) (e.g., by making 27 appropriate markings in the margins). 28 (b) for testimony given in depositions that the Designating Party 7 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 8 of 15 Page ID #:227

1 identifies the Disclosure or Discovery Material on the record, before the close of 2 the deposition all protected testimony. 3 (c) for information produced in some form other than documentary 4 and for any other tangible items, that the Producing Party affix in a prominent 5 place on the exterior of the container or containers in which the information is 6 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 7 information warrants protection, the Producing Party, to the extent practicable, 8 shall identify the protected portion(s). 9 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive 11 the Designating Party’s right to secure protection under this Order for such 12 material. Upon timely correction of a designation, the Receiving Party must make 13 reasonable efforts to assure that the material is treated in accordance with the 14 provisions of this Order. 15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 8.1. 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 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 20 resolution process under Local Rule 37-1 et seq. 21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 22 23 joint stipulation pursuant to Local Rule 37-2. 24 8.4 The burden of persuasion in any such challenge proceeding shall be on 25 the Designating Party. Frivolous challenges, and those made for an improper 26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 27 parties) may expose the Challenging Party to sanctions. Unless the Designating 28 Party has waived or withdrawn the confidentiality designation, all parties shall 8 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 9 of 15 Page ID #:228

1 continue to afford the material in question the level of protection to which it is 2 entitled under the Producing Party’s designation until the Court rules on the 3 challenge. 4 9. ACCESS TO AND USE OF PROTECTED MATERIAL 5 9.1 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 9 the conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 15 below (FINAL 11 12 DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Order. 16 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, a 18 Receiving Party may disclose any information or item designated 19 “CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 21 well as employees of said Outside Counsel of Record to whom it is reasonably 22 necessary to disclose the information for this Action; 23 (b) the officers, directors, and employees (including House Counsel) 24 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 25 (c) Experts (as defined in this Order) of the Receiving Party to whom 26 disclosure is reasonably necessary for this Action and who have signed the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 9 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 10 of 15 Page ID #:229

1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional 4 Vendors to whom disclosure is reasonably necessary for this Action and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or 7 a custodian or other person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in 9 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 10 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 11 they will not be permitted to keep any confidential information unless they sign the 12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 13 agreed by the Designating Party or ordered by the court. Pages of transcribed 14 deposition testimony or exhibits to depositions that reveal Protected Material may 15 be separately bound by the court reporter and may not be disclosed to anyone 16 except as permitted under this Stipulated Protective Order; and 17 (i) any mediators or settlement officers and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 20 PRODUCED IN OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 23 that compels disclosure of any information or items designated in this Action as 24 “CONFIDENTIAL,” that Party must: 25 (a) promptly notify in writing the Designating Party. Such notification 26 shall include a copy of the subpoena or court order; 27 (b) promptly notify in writing the party who caused the subpoena or 28 order to issue in the other litigation that some or all of the material covered by the 10 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 11 of 15 Page ID #:230

1 subpoena or order is subject to this Protective Order. Such notification shall 2 include a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 pursued by the Designating Party whose Protected Material may be affected. If the 5 Designating Party timely seeks a protective order, the Party served with the 6 subpoena or court order shall not produce any information designated in this action 7 as “CONFIDENTIAL” before a determination by the court from which the 8 subpoena or order issued, unless the Party has obtained the Designating Party’s 9 permission. The Designating Party shall bear the burden and expense of seeking 10 protection in that court of its confidential material and nothing in these provisions 11 should be construed as authorizing or encouraging a Receiving Party in this Action 12 to disobey a lawful directive from another court. 13 14 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 15

16 (a) The terms of this Order are applicable to information produced by a 17 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 18 produced by Non-Parties in connection with this litigation is protected by the 19 remedies and relief provided by this Order. Nothing in these provisions should be 20 construed as prohibiting a Non-Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, 22 to produce a Non-Party’s confidential information in its possession, and the Party 23 is subject to an agreement with the Non-Party not to produce the Non-Party’s 24 confidential information, then the Party shall: 25 (1) promptly notify in writing the Requesting Party and the Non-Party 26 that some or all of the information requested is subject to a confidentiality 27 agreement with a Non-Party; 28 11 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 12 of 15 Page ID #:231

1 (2) promptly provide the Non-Party with a copy of the Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 3 specific description of the information requested; and 4 (3) make the information requested available for inspection by the 5 Non-Party, if requested. 6 (c) If the Non-Party fails to seek a protective order from this court 7 within 14 days of receiving the notice and accompanying information, the 8 Receiving Party may produce the Non-Party’s confidential information responsive 9 to the discovery request. If the Non-Party timely seeks a protective order, the 10 Receiving Party shall not produce any information in its possession or control that 11 is subject to the confidentiality agreement with the Non-Party before a 12 determination by the court. Absent a court order to the contrary, the Non-Party 13 shall bear the burden and expense of seeking protection in this court of its 14 Protected Material. 15 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 16 MATERIAL 17 If a Receiving Party learns that, by inadvertence or otherwise, it has 18 disclosed Protected Material to any person or in any circumstance not authorized 19 under this Stipulated Protective Order, the Receiving Party must immediately (a) 20 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 21 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 22 the person or persons to whom unauthorized disclosures were made of all the terms 23 of this Order, and (d) request such person or persons to execute the 24 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 25 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 26 OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 27 inadvertently produced material is subject to a claim of privilege or other 28 12 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 13 of 15 Page ID #:232

1 protection, the obligations of the Receiving Parties are those set forth in Federal 2 Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 3 whatever procedure may be established in an e-discovery order that provides for 4 production without prior privilege review. Pursuant to Federal Rule of Evidence 5 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 6 of a communication or information covered by the attorney-client privilege or 7 work product protection, the parties may incorporate their agreement in the 8 stipulated protective order submitted to the court. 9 14. MISCELLANEOUS 10 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 11 person to seek its modification by the Court in the future. 12 14.2 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order, no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in 15 this Stipulated Protective Order. Similarly, no Party waives any right to object on 16 any ground to use in evidence of any of the material covered by this Protective 17 Order. 18 14.3 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 20 may only be filed under seal pursuant to a court order authorizing the sealing of the 21 specific Protected Material. If a Party’s request to file Protected Material under 22 23 seal is denied by the court, then the Receiving Party may file the information in the 24 public record unless otherwise instructed by the court. 25 15. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 6, within 27 60 days of a written request by the Designating Party, each Receiving Party must 28 return all Protected Material to the Producing Party or destroy such material. As 13 Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page14o0f15 Page ID #:233

I |} used in this subdivision, “all Protected Material” includes all copies, abstracts, 2 || compilations, summaries, and any other format reproducing or capturing any of the 3 || Protected Material. Whether the Protected Material is returned or destroyed, the 4 || Receiving Party must submit a written certification to the Producing Party (and, if > |! not the same person or entity, to the Designating Party) by the 60-day deadline that 6 (1) identifies (by category, where appropriate) all the Protected Material that was 7 I returned or destroyed and (2) affirms that the Receiving Party has not retained any 8 copies, abstracts, compilations, summaries or any other format reproducing or 7 capturing any of the Protected Material. Notwithstanding this provision, Counsel '0 are entitled to retain an archival copy of all pleadings, motion papers, trial, 0 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival

Is copies that contain or constitute Protected Material remain subject to this

16 Protective Order as set forth in Section 6 (DURATION). 7 16. VIOLATION 13 Any violation of this Order may be punished by appropriate measures 19 including, without limitation, contempt proceedings and/or monetary sanctions. 20 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 xe dL 93 || DATED: October 12, 2022 Liew OG D. EARLY 24 nited States Magistrate Judge 25 26 27 28 14

Case 8:22-cv-00372-CJC-JDE Document 31 Filed 10/12/22 Page 15 of 15 Page ID #:234

1 EXHIBIT A

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND BY TERMS OF 3 THE PROTECTIVE ORDER

4

5 I, ____________________, have received a copy of the Stipulation for Protective 6 Order and Protective Order entered in the action entitled: 7 Zuniga v. House Foods America Corporation et. al. (U.S.D.C., Central 8 District of California, Case No. 8:22-cv-00372-CJC-JDEx). 9 I have carefully read and understand the provisions of the Protective Order. I 10 agree that I will comply with all provision of the Protective Order and will use any 11 “CONFIDENTIAL” information only for purposes of this action. At the end of this 12 litigation or my involvement in this litigation, whichever occurs first, I will either 13 destroy or return to counsel for the party by whom I am employed or retained all 14 such “CONFIDENTIAL” documents or information that comes into my 15 possession. 16 17

18

19 DATED: _______________ ______________________________ Name 20

21 22 23 24 25 26 27 28 15