1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE CENTRAL DISTRICT OF CALIFORNIA 3

4 SETH SHAPIRO, Cas e No. 2:19-cv-08972-CBM (RAOx) 5 Plaintiff, STIPULATION AND PROPOSED 6 vs. PROTECTIVE ORDER 7 AT&T MOBILITY, LLC, et al., 8

9 Defendants. 10 11 12 1. PURPOSES AND LIMITATIONS 13 Discovery in this action is likely to involve production of confidential, 14 proprietary or private information for which special protection from public 15 disclosure and from use for any purpose other than pursuing this litigation may be 16 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 17 the following Stipulated Protective Order. The parties acknowledge that this Order 18 does not confer blanket protections on all disclosures or responses to discovery and 19 that the protection it affords from public disclosure and use extends only to the 20 limited information or items that are entitled to confidential treatment under the 21 applicable legal principles. 22 2. GOOD CAUSE STATEMENT 23 This action is likely to involve trade secrets, customer and pricing lists and 24 other valuable research, development, commercial, financial, technical and/or 25 proprietary information for which special protection from public disclosure and from 26 use for any purpose other than prosecution of this action is warranted. Such 27 confidential and proprietary materials and information consist of, among other 1 things, confidential business or financial information, information regarding

2 confidential business practices, or other confidential research, development, or

3 commercial information (including information implicating privacy rights of third

4 parties), information otherwise generally unavailable to the public, or which may be

5 privileged or otherwise protected from disclosure under state or federal statutes,

6 court rules, case decisions, or common law. Accordingly, to expedite the flow of

7 information, to facilitate the promp t resolution of disputes over confidentiality of

8 discovery materials, to adequately protect information the parties are entitled to keep

9 confidential, to ensure that the parties are permitted reasonable necessary uses of

10 such material in preparation for and in the conduct of trial, to address their handling

11 at the end of the litigation, and serve the ends of justice, a protective order for such

12 information is justified in this matter. It is the intent of the parties that information

13 will not be designated as confidential for tactical reasons and that nothing be so

14 designated without a good faith belief that it has been maintained in a confidential,

15 non-public manner, and there is good cause why it should not be part of the public

16 record of this case.

17 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

18 The parties further acknowledge, as set forth in Section 14.3, below, that this

19 Stipulated Protective Order does not entitle them to file confidential information

20 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

21 and the standards that will be applied when a party seeks permission from the court

22 to file material under seal. There is a strong presumption that the public has a right

23 of access to judicial proceedings and records in civil cases. In connection with non-

24 dispositive motions, good cause must be shown to support a filing under seal. See

25 Kamakana v. City and County of Honolulu,

(9th Cir. 2006), 26 Phillips v. Gen. Motors Corp.,

, 1210-11 (9th Cir. 2002), Makar- 27 Welbon v. Sony Electrics, Inc.,

(E.D. Wis. 1999) (even 1 stipulated protective orders require good cause showing), and a specific showing of

2 good cause or compelling reason s with proper evidentiary support and legal

3 justification, must be made with respect to Protected Material that a party seeks to

4 file under seal. The parties’ mere designation of Disclosure or Discovery Material

5 as CONFIDENTIAL or HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY

6 does not— without the submission of competent evidence by declaration,

7 establishing that the material sough t to be filed under seal qualifies as confidential,

8 privileged, or otherwise protectable—constitute good cause.

9 Further, if a party requests sealing related to a dispositive motion or trial, then

10 compelling reasons, not only good cause , for the sealing must be shown, and the

11 relief sought shall be narrowly tailored to serve the specific interest to be protected.

12 See Pintos v. Pacific Creditors Ass’n.,

(9th Cir. 2010). For

13 each item or type of information, document, or thing sought to be filed or introduced

14 under seal, the party seeking protection must articulate compelling reasons,

15 supported by specific facts and legal justification, for the requested sealing order.

16 Again, competent evidence supporting the application to file documents under seal

17 must be provided by declaration.

18 Any document that is not confidential, privileged, or otherwise protectable in

19 its entirety will not be filed under seal if the confidential portions can be redacted. If

20 documents can be redacted, then a redacted version for public viewing, omitting only

21 the confidential, privileged, or otherwise protectable portions of the document, shall

22 be filed. Any application that seeks to file documents under seal in their entirety

23 should include an explanation of why redaction is not feasible.

24 4. DEFINITIONS

25 4.1 Action: this pending federal lawsuit. 26 4.2 Challenging Party: a Party or Non-Party that challenges the designation 27 of information or items under this Order. 1 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how

2 it is generated, stored or maintaine d) or tangible things that qualify for protection

3 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

4 Cause Statement.

5 4.3.1 “HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY” Information

6 or Items: information (regardless of how it is generated, stored or maintained) or

7 tangible things that qualify for add itional protection because of their particularly

8 sensitive nature, and which qualify for protection under Federal Rule of Civil

9 Procedure 26(c), and as specified above in the Good Cause Statement.

10 4.4 Counsel: Outside Counsel of R ecord and House Counsel (as well as their

11 support staff).

12 4.5 Designating Party: a Party or Non-Party that designates information or

13 items that it produces in disclosures or in responses to discovery as

14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY.”

15 4.6 Disclosure or Discovery Material: all items or information, regardless of

16 the medium or manner in which it is generated, stored, or maintained (including,

17 among other things, testimony, transcripts, and tangible things), that are produced or

18 generated in disclosures or responses to discovery.

19 4.7 Expert: a person with specialized knowledge or experience in a matter

20 pertinent to the litigation who has been retained by a Party or its counsel to serve as

21 an expert witness or as a consultant in this Action.

22 4.8 House Counsel: attorneys who are employees of a party to this Action.

23 House Counsel does not include Outside Counsel of Record or any other outside

24 counsel.

25 4.9 Non-Party: any natural person, partnership, corporation, association or 26 other legal entity not named as a Party to this action. 27 1 4.10 Outside Counsel of Record: attorneys who are not employees of a party

2 to this Action but are retained to re present a party to this Action and have appeared

3 in this Action on behalf of that party or are affiliated with a law firm that has

4 appeared on behalf of that party, and includes support staff.

5 4.11 Party: any party to this Action, including all of its officers, directors,

6 employees, consultants, retained experts, and Outside Counsel of Record (and their

7 support staffs).

8 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

9 Discovery Material in this Action.

10 4.13 Professional Vendors: persons or entities that provide litigation support

11 services (e.g., photocopying, videotaping, translating, preparing exhibits or

12 demonstrations, and organizing, storing, or retrieving data in any form or medium)

13 and their employees and subcontractors.

14 4.14 Protected Material: any Disclosure or Discovery Material that is

15 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS

16 EYES ONLY.”

17 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material

18 from a Producing Party.

19 5. SCOPE

20 The protections conferred by this Stipulation and Order cover not only

21 Protected Material (as defined above), but also (1) any information copied or

22 extracted from Protected Material; (2) all copies, excerpts, summaries, or

23 compilations of Protected Material; and (3) any testimony, conversations, or

24 presentations by Parties or their Counsel that might reveal Protected Material. Any

25 use of Protected Material at trial shall be governed by the orders of the trial judge 26 and other applicable authorities. This Order does not govern the use of Protected 27 Material at trial. 1 6. DURATION

2 Once a case proceeds to trial, information that was designated as

3 CONFIDENTIAL or HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY, or

4 maintained pursuant to this protective order, which is used or introduced as an

5 exhibit at trial becomes public and will be presumptively available to all members

6 of the public, including the press, unless compelling reasons supported by specific

7 factual findings to proceed otherwi se are made to the trial judge in advance of the

8 trial. See Kamakana,

(distinguishing “good cause” showing for

9 sealing documents produced in discovery from “compelling reasons” standard when

10 merits-related documents are part of cou rt record). Accordingly, the terms of this

11 protective order do not extend beyond the commencement of the trial.

12 7. DESIGNATING PROTECTED MATERIAL

13 7.1 Exercise of Restraint and Care in Designating Material for Protection.

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, items

19 or communications for which protection is not warranted are not swept unjustifiably

20 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 27 1 If it comes to a Designating Party’s attention that information or items that it

2 designated for protection do not qu alify 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, or as otherwise stipulated or ordered, Disclosure of Discovery Material

6 that qualifies for protection under this Order must be clearly so designated before

7 the material is disclosed or produc ed. Designation in conformity with this Order

8 requires:

9 (a) for information in documentary form (e.g., paper or electronic documents,

10 but excluding transcripts of depositions o r other pretrial or trial proceedings), that

11 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or

12 “HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY” (hereinafter

13 “CONFIDENTIAL legend”), to each page that contains protected material. If only

14 a portion of the material on a page qualifies for protection, the Producing Party also

15 must clearly identify the protected portion(s) (e.g., by making appropriate markings

16 in the margins).

17 A Party or Non-Party that makes original documents available for inspection

18 need not designate them for protection until after the inspecting Party has indicated

19 which documents it would like copied and produced. During the inspection and

20 before the designation, all of the material made available for inspection shall be

21 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS

22 EYES ONLY.” After the inspecting Party has identified the documents it wants

23 copied and produced, the Producing Party must determine which documents, or

24 portions thereof, qualify for protection under this Order. Then, before producing the

25 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 26 to each page that contains Protected Material. If only a portion of the material on a 27 1 page qualifies for protection, the Producing Party also must clearly identify the

2 protected portion(s) (e.g., by makin g appropriate markings in the margins).

3 (b) for testimony given in depositions that the Designating Party identifies the

4 Disclosure or Discovery Material on the record, before the close of the deposition

5 all protected testimony.

6 (c) for information produced in some form other than documentary and for

7 any other tangible items, that the Pr oducing Party affix in a prominent place on the

8 exterior of the container or containers in which the information is stored the legend

9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS EYES

10 ONLY.” If only a portion or portions of the information warrants protection, the

11 Producing Party, to the extent practicable, shall identify the protected portion(s).

12 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

13 failure to designate qualified information or items does not, standing alone, waive

14 the Designating Party’s right to secure protection under this Order for such material.

15 Upon timely correction of a designation, the Receiving Party must make reasonable

16 efforts to assure that the material is treated in accordance with the provisions of this

17 Order.

18 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

19 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

20 designation of confidentiality at any time that is consistent with the Court’s

21 Scheduling Order.

22 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

23 resolution process under Local Rule 37-1 et seq.

24 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

25 joint stipulation pursuant to Local Rule 37-2. 26 8.4 The burden of persuasion in any such challenge proceeding shall be on the 27 Designating Party. Frivolous challenges, and those made for an improper purpose 1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

2 expose the Challenging Party to san ctions. Unless the Designating Party has waived

3 or withdrawn the confidentiality designation, all parties shall continue to afford the

4 material in question the level of protection to which it is entitled under the Producing

5 Party’s designation until the Court rules on the challenge.

6 9. ACCESS TO AND USE OF PROTECTED MATERIAL

7 9.1 Basic Principles. A Re ceiving Party may use Protected Material that is

8 disclosed or produced by another Party or by a Non-Party in connection with this

9 Action only for prosecuting, defending or attempting to settle this Action. Such

10 Protected Material may be disclosed only to the categories of persons and under the

11 conditions described in this Order. When the Action has been terminated, a

12 Receiving Party must comply with the provisions of section 15 below (FINAL

13 DISPOSITION).

14 Protected Material must be stored and maintained by a Receiving Party at a

15 location and in a secure manner that ensures that access is limited to the persons

16 authorized under this Order.

17 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

18 otherwise ordered by the court or permitted in writing by the Designating Party, a

19 Receiving Party may disclose any information or item designated

20 “CONFIDENTIAL” only to:

21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

22 employees of said Outside Counsel of Record to whom it is reasonably necessary to

23 disclose the information for this Action;

24 (b) the officers, directors, and employees (including House Counsel) of the

25 Receiving Party to whom disclosure is reasonably necessary for this Action; 26 27 1 (c) Experts (as defined in this Order) of the Receiving Party to whom

2 disclosure is reasonably necessar y for this Action and who have signed the

3 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

6 (f) professional jury or trial consultants, mock jurors, and Professional

7 Vendors to whom disclosure is reas onably necessary for this Action and who have

8 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9 (g) the author or recipient of a document containing the information or a

10 custodian or other person who otherwise p ossessed or knew the information;

11 (h) during their depositions, witnesses, and attorneys for witnesses, in the

12 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13 requests that the witness sign the form attached as Exhibit A hereto; and (2) they

14 will not be permitted to keep any confidential information unless they sign the

15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

16 agreed by the Designating Party or ordered by the court. Pages of transcribed

17 deposition testimony or exhibits to depositions that reveal Protected Material may

18 be separately bound by the court reporter and may not be disclosed to anyone except

19 as permitted under this Stipulated Protective Order;

20 (i) in preparation for their depositions, witnesses and attorneys for witnesses

21 in the Action to whom disclosure is reasonably necessary and who sign the

22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and

23 (j) any mediators or settlement officers and their supporting personnel,

24 mutually agreed upon by any of the parties engaged in settlement discussions.

25 9.3 Disclosure of “HIGHLY CONFIDENTIAL/ATTORNEYS EYES 26 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in 27 writing by the Designating Party, a Receiving Party may disclose any information 1 or item designated “HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY”

2 only to:

3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

4 employees of said Outside Counsel of Record to whom it is reasonably necessary to

5 disclose the information for this Action;

6 (b) the officers, directors, and employees (including House Counsel) of the

7 Receiving Party to whom disclosure is reasonably necessary for this Action;

8 (c) Experts (as defined in this Order) of the Receiving Party to whom

9 disclosure is reasonably necessary for this Action and who have signed the

10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

11 (d) the court and its personnel;

12 (e) court reporters and their staff;

13 (f) the author or recipient of a document containing the information or a

14 custodian or other person who otherwise possessed or knew the information;

15 (g) during their depositions, witnesses, and attorneys for witnesses, in the

16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

17 requests that the witness sign the form attached as Exhibit A hereto; and (2) they

18 will not be permitted to keep any confidential information unless they sign the

19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

20 agreed by the Designating Party or ordered by the court. Pages of transcribed

21 deposition testimony or exhibits to depositions that reveal Protected Material may

22 be separately bound by the court reporter and may not be disclosed to anyone except

23 as permitted under this Stipulated Protective Order;

24 (h) in preparation for their depositions, witnesses and attorneys for witnesses

25 in the Action to whom disclosure is reasonably necessary and who sign the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 27 1 (i) any mediators or settlement officers and their supporting personnel,

2 mutually agreed upon by any of the parties engaged in settlement discussions.

3 Absent agreement in writing by the Designating Party or as ordered by the

4 court, HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY information may

5 not be disclosed to any persons in subparagraphs (c), (g) or (h) above if they have

6 within the 12 months prior to disclosure worked for (as an employee or

7 consultant/contractor) Verizon, T-M obile, Sprint, America Movil, Telefonica,

8 Liberty/VTR, Millicom/Une, Telecom Italia/Tim, Cox, Cablevision/Altice, or

9 Centurylink, whom Defendant AT&T has, solely for purposes of this Action,

10 represented are competitors of Defendant AT&T, which list is subject to Plaintiff’s

11 right to object or challenge such limitation at any time. The disclosure of HIGHLY

12 CONFIDENTIAL/ATTORNEYS EYES ONLY information to persons in

13 subparagraph (b), (g), and (h) may occur only in the presence of Outside Counsel

14 of Record, whether in person or remotely via video conference or otherwise, and

15 such persons shall not be permitted to retain a copy of documents containing such

16 HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY information.

17 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

18 PRODUCED IN OTHER LITIGATION

19 If a Party is served with a subpoena or a court order issued in other litigation

20 that compels disclosure of any information or items designated in this Action as

21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS EYES

22 ONLY” 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 1 or order is subject to this Protective Order. Such notification shall include a copy of

2 this Stipulated Protective Order; an d

3 (c) cooperate with respect to all reasonable procedures sought to be pursued

4 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” or “HIGH LY CONFIDENTIAL/ATTORNEYS EYES

8 ONLY” before a determination by the court from which the subpoena or order

9 issued, unless the Party has obtained the Designating Party’s permission. The

10 Designating Party shall bear the burden and expense of seeking protection in that

11 court of its confidential material and nothing in these provisions should be construed

12 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

13 directive from another court.

14 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO

15 BE PRODUCED IN THIS LITIGATION

16 (a) The terms of this Order are applicable to information produced by a Non-

17 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

18 CONFIDENTIAL/ATTORNEYS EYES ONLY.” Such information produced by

19 Non-Parties in connection with this litigation is protected by the remedies and relief

20 provided by this Order. Nothing in these provisions should be construed as

21 prohibiting a Non-Party from seeking additional protections.

22 (b) In the event that a Party is required, by a valid discovery request, to

23 produce a Non-Party’s confidential information in its possession, and the Party is

24 subject to an agreement with the Non-Party not to produce the Non-Party’s

25 confidential information, then the Party shall: 26 27 1 (1) promptly notify in writing the Requesting Party and the Non- Party that

2 some or all of the information req uested is subject to a confidentiality agreement

3 with a Non-Party;

4 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

5 Order in this Action, the relevant discovery request(s), and a reasonably specific

6 description of the information requested; and

7 (3) make the information requ ested available for inspection by the Non-Party,

8 if requested.

9 (c) If the Non-Party fails to seek a protective order from this court within 14

10 days of receiving the notice and accomp anying information, the Receiving Party

11 may produce the Non-Party’s confidential information responsive to the discovery

12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

13 not produce any information in its possession or control that is subject to the

14 confidentiality agreement with the Non-Party before a determination by the court.

15 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

16 of seeking protection in this court of its Protected Material.

17 12. UNAUTHORIZED DISCLOSURE OF PROTECTED

18 MATERIAL

19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

20 Protected Material to any person or in any circumstance not authorized under this

21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

22 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

23 to retrieve all unauthorized copies of the Protected Material, (c) inform the person

24 or persons to whom unauthorized disclosures were made of all the terms of this

25 Order, and (d) request such person or persons to execute the “Acknowledgment an 26 Agreement to Be Bound” attached hereto as Exhibit A. 27 1 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

2 OTHERWISE PROTE CTED MATERIAL

3 When a Producing Party gives notice to Receiving Parties that certain

4 inadvertently produced material is subject to a claim of privilege or other protection,

5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\

6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

7 may be established in an e-discovery order that provides for production without prior

8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

9 parties reach an agreement on the effect of disclosure of a communication or

10 information covered by the attorney-clien t privilege or work product protection, the

11 parties may incorporate their agreement in the stipulated protective order submitted

12 to the court.

13 14. MISCELLANEOUS

14 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

15 person to seek its modification by the Court in the future.

16 14.2 Right to Assert Other Objections. By stipulating to the entry of this

17 Protective Order, no Party waives any right it otherwise would have to object to

18 disclosing or producing any information or item on any ground not addressed in this

19 Stipulated Protective Order. Similarly, no Party waives any right to object on any

20 ground to use in evidence of any of the material covered by this Protective Order.

21 14.3 Filing Protected Material. A Party that seeks to file under seal any

22 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

23 only be filed under seal pursuant to a court order authorizing the sealing of the

24 specific Protected Material. If a Party’s request to file Protected Material under seal

25 is denied by the court, then the Receiving Party may file the information in the public 26 record unless otherwise instructed by the court. 27 1 15. FINAL DISPOSITION

2 After the final disposition of this Action, as defined in paragraph 6, within 60

3 days of a written request by the Designating Party, each Receiving Party must return

4 all Protected Material to the Producing Party or destroy such material. As used in

5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6 summaries, and any other format reproducing or capturing any of the Protected

7 Material. Whether the Protected M aterial is returned or destroyed, the Receiving

8 Party must submit a written certification to the Producing Party (and, if not the same

9 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies

10 (by category, where appropriate) all the Protected Material that was returned or

11 destroyed and (2) affirms that the Receiving Party has not retained any copies,

12 abstracts, compilations, summaries or any other format reproducing or capturing any

13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

16 reports, attorney work product, and consultant and expert work product, even if such

17 materials contain Protected Material. Any such archival copies that contain or

18 constitute Protected Material remain subject to this Protective Order as set forth in

19 Section 6 (DURATION).

20 16. VIOLATION

21 Any violation of this Order may be punished by appropriate measures

22 including, without limitation, contempt proceedings and/or monetary sanctions.

23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

24 Dated: March 20, 2024 By: /s/ James A. Ulwick 25 James A. Ulwick 26 DICELLO LEVITT GUTZLER, LLP Ten North Dearborn Street, 6th floor 27 Chicago, IL 60602 1 [email protected] [email protected]

2

3 Counsel for the Plaintiff

4

5 Dated: March 20, 2024 By: /s/ Jeremy S. Ochsenbein Jeremy S. Ochsenbein 6 GIBSON, DUNN & CRUTHER LLP

7 333 South Grand Avenue Los Angeles , CA 90071-3197 8 Tel: (213) 229-7000

9 [email protected] [email protected] 10

11 Counsel for Defendant AT&T Mobility, LLC

12

13 Dated: March 20, 2024 By: /s/ Angeli C. Aragon Angeli C. Aragon 14 O’HAGAN MEYER 15 21650 Oxnard Street, Suite 530 Woodland Hills, CA, 91367 16 [email protected] 17 Counsel for Defendant Sequential 18 Technology International, LLC, 19 20 Dated: March 20, 2024 By: /s/ Robert S. Ka hn 21 Robert S. Kahn 22 COLLINS + COLLINS LLP 790 E. Colorado Boulevard, Suite 600 23 Pasadena, CA 91101 24 Tel: (626) 243-1100 [email protected] 25 [email protected] 26 Counsel for Third-Party Defendant 27 CoWorx Staffing Services, LLC PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: ___03/21/2024 Rapedea a, Ol Rozella A. Oliver 4 United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] PROTECTIVE ORDER

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

5 perjury that I have read in its entirety and understand the Stipulated Protective Order

6 that was issued by the United States District Court for the Central District of

7 California on __________, 2024 in t he case of Shapiro v. AT&T Mobility, LLC, Case

8 No. 2:19-CV-08972-CBM (RAOx). I agree to comply with and to be bound by all

9 the terms of this Stipulated Protective Order and I understand and acknowledge that

10 failure to so comply could expose me to sanctions and punishment in the nature of

11 contempt. I solemnly promise that I will not disclose in any manner any information

12 or item that is subject to this Stipulated Protective Order to any person or entity

13 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 or 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.

18 I hereby appoint __________________________ [print or type full name] of

19 ___________________________ [print or type full address and telephone number]

20 as my California agent for service of process in connection with this action or any

21 proceedings related to enforcement of this Stipulated Protective Order.

22

23 Date:

24 City and State where sworn and signed:

25 Printed name: 26 27 Signature: