2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 2 11 || CINDY OSUNA, Case No. 2:22-cv-07960-ODW-PVCx 1 Plaintiff, o STIPULATED PROTECTIVE z 13 V. ORDER 14|| TARGET CORPORATION, an entity < unknown; DAVID RICO, an individual; = 15 || and DOES 1 through 50, inclusive, 16 Defendants. seme 18 ]} 1. INTRODUCTION 19 1.1 PURPOSES AND LIMITATIONS 20 Discovery in this action is likely to involve production of confidential, 21 || proprietary, or private information for which special protection from public 22 || disclosure and from use for any purpose other than prosecuting this litigation may 23 ||be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 24 || enter the following Stipulated Protective Order. The parties acknowledge that this 25 || Order does not confer blanket protections on all disclosures or responses to 26 || discovery and that the protection it affords from public disclosure and use extends 27 || only to the limited information or items that are entitled to confidential treatment 28 || under the applicable legal principles. The parties further acknowledge, as set forth

1 |/in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 2 || file confidential information under seal; Civil Local Rule 79-5 sets forth the 3 || procedures that must be followed and the standards that will be applied when a party 4 || seeks permission from the court to file material under seal. 5 1.2 GOOD CAUSE STATEMENT 6 Discovery in this action relates to proprietary and confidential information 7 || related to the ongoing business practices of Target Corporation. Disclosure of such 8 || evidence to the public could result in the disclosure of confidential business 9 || practices to competitors. Further, this material has the potential to disclose the

n 10 || contact information as well as personal information of both Target employees as 2 11 || well as the Plaintiff. 12 For purposes of this Stipulated Protective Order, “Confidential Materials” is > 13 || specifically defined as follows: 14 - Team Member Handbook (Hourly); 15 - Team Member Handbook (Executive); 16 - Spill Clean-Up Procedures; 17 - Basic Safeness - Guest Incidents; 18 - Basic Safeness Sales Floor Guide (Employee); 19 - Basic Safeness Sales Floor Guide (Trainer); 20 - Armstrong Vinyl Tile Spec Sheet. 21 2. DEFINITIONS 22 2.1 Action: This pending federal lawsuit. Bearing case No. Case No. 2:22- 23 || cv-07960-ODW-PVC. 24 2.2 Challenging Party: a Party or Non-Party that challenges the 25 || designation of information or items under this Order. 26 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 27 || how it is generated, stored or maintained) or tangible things that qualify for 28

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

l 2.13 Professional Vendors: persons or entities that provide litigation 2 || support 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 For purposes of this Stipulated Protective Order, “Protected Material” is 8 || specifically defined as follows: 9 - Team Member Handbook (Hourly); n 10 - Team Member Handbook (Executive); 2 11 - Spill Clean-Up Procedures; 12 - Basic Safeness - Guest Incidents; > 13 - Basic Safeness Sales Floor Guide (Employee); 14 - Basic Safeness Sales Floor Guide (Trainer); = 15 - Armstrong Vinyl Tile Spec Sheet. 16 2.15 Receiving Party: a Party that receives Disclosure or Discovery 17 || Material from a Producing Party. 18 SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 || Protected Material (as defined above), but also (1) any information copied or 21 || extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 || compilations of Protected Material; and (3) any testimony, conversations, or 23 || presentations by Parties or their Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial will be governed by the orders of the 25 || trial judge. This Order does not govern the use of Protected Material at trial. 26 27 28

14. DURATION 2 Once a case proceeds to trial, all of the information that was designated as 3 || confidential or maintained pursuant to this protective order becomes public and will 4 || be presumptively available to all members of the public, including the press, unless 5 || compelling reasons supported by specific factual findings to proceed otherwise are 6 || made to the trial judge in advance of the trial. See Kamakana v. City and County of 7 || Honolulu,

(9th Cir. 2006) (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

n 10 || terms of this protective order do not extend beyond the commencement of the trial. < 11 12)/5. DESIGNATING PROTECTED MATERIAL > 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. s 14 || Each Party or Non-Party that designates information or items for protection under 15 || this Order must take care to limit any such designation to specific material that 16 || qualifies under the appropriate standards. The Designating Party must designate for 17 || protection only those parts of material, documents, items, or oral or written 18 || communications that qualify so that other portions of the material, documents, 19 || items, or communications for which protection is not warranted are not swept 20 || unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 || that are shown to be clearly unjustified or that have been made for an improper 23 || purpose (e.g., to unnecessarily encumber the case development process or to impose 24 || unnecessary expenses and burdens on other parties) may expose the Designating 25 || Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 || designated for protection do not qualify for protection, that Designating Party must 28 || promptly notify all other Parties that it is withdrawing the inapplicable designation.

l 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 documents, 8 || but excluding transcripts of depositions or other pretrial or trial proceedings), that 9 || the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter n 10 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a 2 11 || portion or portions of the material on a page qualifies for protection, the Producing 12 || Party also must clearly identify the protected portion(s) (e.g., by making appropriate > 13 || 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 17 || inspection and before the designation, all of the material made available for 18 || inspection will be deemed “CONFIDENTIAL.” After the inspecting Party has 19 || identified the documents it wants copied and produced, the Producing Party must 20 || determine which documents, or portions thereof, qualify for protection under this 21 || Order. Then, before producing the specified documents, the Producing Party must 22 || affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 23 || If only a portion or portions of the material on a page qualifies for protection, the 24 || Producing Party also must clearly identify the protected portion(s) (e.g., by making 25 || appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party identify the 27 || Disclosure or Discovery Material on the record, before the close of the deposition all 28 || protected testimony.

l (c) for information produced in some form other than documentary and for 2 || any other tangible items, that the Producing Party affix in a prominent place on the 3 || 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, will 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 9 || the Designating Party’s right to secure protection under this Order for such material.

n 10 || Upon timely correction of a designation, the Receiving Party must make reasonable 2 11 || efforts to assure that the material is treated in accordance with the provisions of this 12 || Order. S13 14||6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 16 || designation of confidentiality at any time that is consistent with the Court’s 17 || Scheduling Order. 18 6.2 Meet and Confer. The Challenging Party will initiate the dispute 19 || resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1 20 || et seq. 21 6.3 The burden of persuasion in any such challenge proceeding will be on 22 || the Designating Party. Frivolous challenges, and those made for an improper 23 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 24 || parties) may expose the Challenging Party to sanctions. Unless the Designating 25 || Party has waived or withdrawn the confidentiality designation, all parties will 26 || continue to afford the material in question the level of protection to which it is 27 || entitled under the Producing Party’s designation until the Court rules on the 28 || challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 || disclosed or produced by another Party or by a Non-Party in connection with this 4 || Action only for prosecuting, defending, or attempting to settle this Action. Such 5 || Protected Material may be disclosed only to the categories of persons and under the 6 || conditions described in this Order. When the Action has been terminated, a 7 || Receiving Party must comply with the provisions of section 13 below (FINAL 8 || DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a

n 10 || location and in a secure manner that ensures that access is limited to the persons 2 11 || authorized under this Order. 12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless > 13 || otherwise ordered by the court or permitted in writing by the Designating Party, a s 14 || Receiving Party may disclose any information or item designated 15 || “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 17 || well as employees of said Outside Counsel of Record to whom it is reasonably 18 || necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) of 20 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 21 (c) Experts (as defined in this Order) or expert consultants of the 22 || Receiving Party, whether or not retained to testify at any oral hearing, to whom 23 || disclosure is reasonably necessary for this Action and who have signed the 24 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the Court and its personnel; 26 (e) court reporters and their staff; 27 28

l (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 a 5 || custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 7 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party § || requests that the witness sign the form attached as Exhibit A 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 2 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 > 13 || be separately bound by the court reporter and may not be disclosed to anyone except s 14 || as permitted under this Stipulated Protective Order; and 15 (1) any mediator or settlement officer, and their supporting personnel, 16 || mutually agreed upon by any of the parties engaged in settlement discussions.

18 |/8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 19 || IN 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 24 || will include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order 26 || to issue in the other litigation that some or all of the material covered by the 27 || subpoena or order is subject to this Protective Order. Such notification will include 28 ||a copy of this Stipulated Protective Order; and

l (c) cooperate with respect to all reasonable procedures sought to be 2 || pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 || the subpoena or court order will not produce any information designated in this 5 ||action as “CONFIDENTIAL” before a determination by the court from which the 6 || subpoena or order issued, unless the Party has obtained the Designating Party’s 7 ||permission. The Designating Party will bear the burden and expense of seeking 8 || protection in that court of its confidential material and nothing in these provisions 9 || should be construed as authorizing or encouraging a Receiving Party in this Action

n 10 || to disobey a lawful directive from another court. < 11 = 12419. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE > 13 || PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a = 15 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 || produced by Non-Parties in connection with this litigation 1s protected by the 17 || remedies and relief provided by this Order. Nothing in these provisions should be 18 || construed as prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 || produce a Non-Party’s confidential information in its possession, and the Party is 21 || subject to an agreement with the Non-Party not to produce the Non-Party’s 22 || confidential information, then the Party will: 23 (1) promptly notify in writing the Requesting Party and the Non-Party 24 || that some or all of the information requested is subject to a confidentiality 25 ||agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 28 || specific description of the information requested; and

l (3) make the information requested available for inspection by the 2 || Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court within 4 || 14 days of receiving the notice and accompanying information, the Receiving Party 5 || may produce the Non-Party’s confidential information responsive to the discovery 6 || request. If the Non-Party timely seeks a protective order, the Receiving Party will 7 || not produce any information in its possession or control that is subject to the 8 || confidentiality agreement with the Non-Party before a determination by the court. 9 || Absent a court order to the contrary, the Non-Party will bear the burden and expense 10 || of seeking protection in this court of its Protected Material. < 11 — 12}/10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL > 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed s 14 || Protected Material to any person or in any circumstance not authorized under this = 15 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 17 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 18 || persons to whom unauthorized disclosures were made of all the terms of this Order, 19 || and (d) request such person or persons to execute the “Acknowledgment and 20 || Agreement to Be Bound” that is attached hereto as Exhibit A. 21 22|}11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 || PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain 25 || inadvertently produced material is subject to a claim of privilege or other protection, 26 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever 28 || procedure may be established in an e-discovery order that provides for production

1 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 2 ||(e), insofar as the parties reach an agreement on the effect of disclosure of a 3 || communication or information covered by the attorney-client privilege or work 4 || product protection, the parties may incorporate their agreement in the stipulated 5 || protective order submitted to the court. 6 7)}12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 || person to seek its modification by the Court in the future.

n 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 11 || Protective Order no Party waives any right it otherwise would have to object to 12 || disclosing or producing any information or item on any ground not addressed in this > 13 || Stipulated Protective Order. Similarly, no Party waives any right to object on any s 14 || ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protected Material. A Party that seeks to file under seal any 16 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 17 || only be filed under seal pursuant to a court order authorizing the sealing of the 18 || specific Protected Material at issue. If a Party's request to file Protected Material 19 || under seal is denied by the court, then the Receiving Party may file the information 20 in the public record unless otherwise instructed by the court. 21 22||13. FINAL DISPOSITION 23 After the final disposition of this Action, as defined in paragraph 4, within 60 24 || days of a written request by the Designating Party, each Receiving Party must return 25 || all Protected Material to the Producing Party or destroy such material. As used in 26 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 27 summaries, and any other format reproducing or capturing any of the Protected 28 || Material. Whether the Protected Material is returned or destroyed, the Receiving

1 || Party must submit a written certification to the Producing Party (and, if not the same 2 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 3 || (by category, where appropriate) all the Protected Material that was returned or 4 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 5 || abstracts, compilations, summaries or any other format reproducing or capturing any 6 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to 7 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 8 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 9 || reports, attorney work product, and consultant and expert work product, even if such 10 || materials contain Protected Material. Any such archival copies that contain or 2 11 || constitute Protected Material remain subject to this Protective Order as set forth in _12||Section 4 (DURATION). S13 s 14)}14. Any willful violation of this Order may be punished by civil or criminal = 15 || contempt proceedings, financial or evidentiary sanctions, reference to disciplinary 16 || authorities, or other appropriate action at the discretion of the Court. 17 18 |}FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS SO |} ORDERED. 20 21 fu f 22 || DATED: September 22, 2023 23 HON. PEDRO V. CASTILLO United States Magistrate Judge 24 25 26 27 28

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, [full name], of 5 || [full address], declare under penalty of perjury that I have read in its entirety and 6 || understand the Stipulated Protective Order that was issued by the United States 7 || District Court for the Central District of California on [date] in the case of 8 Case No. 2:22-cv-07960-ODW-PVC]. I agree to comply with and to 9 || be bound by all the terms of this Stipulated Protective Order and I understand and

n 10 || acknowledge that failure to so comply could expose me to sanctions and punishment 2 11 ||in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 || any information or item that is subject to this Stipulated Protective Order to any > 13 || person or entity except in strict compliance with the provisions of this Order. s 14 I further agree to submit to the jurisdiction of the United States District Court 15 || for the Central District of California for the purpose of enforcing the terms of this 16 || Stipulated Protective Order, even if such enforcement proceedings occur after 17 || termination of this action. I hereby appoint [full 18 || name] of [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 signed: 24 25 || Printed name: 26 27 || Signature: 28