1 Marissa Warren, State Bar No. 249583 - [email protected] Jason Scupine, State Bar No. 150867 - [email protected] 2 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 701 North Brand Blvd., Suite 600 3 Glendale, California 91203-9877 4 Telephone (213) 426-3600 • Facsimile (213) 426-3650

5 Attorneys for Defendant, GARFIELD BEACH CVS, L.L.C.

6 7 8 UNITED STATES DISTRICT COURT

9 EASTERN OF CALIFORNIA 10

11 BARBARA HOLLINS, Civil No.: 1:23−CV−00399−NODJ−BAM

12 Plaintiff, STIPULATED PROTECTIVE ORDER

13 vs. DISCOVERY CUT-OFF: 10/21/24 14 MOTION CUT-OFF: 11/12/24 GARFIELD BEACH CVS, L.L.C.; CVS TRIAL DATE: 06/17/25 15 PHARMACY, INC.; and DOES TO 20, ACTION FILED: 01/23/23 inclusive, 16 Assigned to BARBARA A. McAULIFFE, 17 Defendants. CTRM #8, for all purposes including trial

18 19 STIPULATED PROTECTIVE ORDER 20 The Parties herein agree that the discovery sought in this Action is likely to require the production 21 of certain confidential healthcare, business, commercial, trade secret, personnel, and/or financial 22 information, and that the Parties have a legitimate need to protect the confidentiality of such information. 23 The Parties therefore request that the Court hereby ORDER, ADJUDGE, and DECREE as follows: 24 1. A Party producing or propounding written discovery responses or documents that contain 25 trade secrets or other confidential information (“Confidential Information”) shall mark such documents 26 with the word “CONFIDENTIAL.” Documents so marked are referred to in this Order as “Protected 27 Documents.” Except to the extent otherwise permitted by this Order, counsel and every Qualified Person (as defined below) provided copies of or access to Confidential Information and/or Protected Documents 1 pursuant to this Order shall keep same within their exclusive possession and control and shall take all 2 necessary and prudent measures to maintain the confidentiality of such materials or information and shall 3 not permit dissemination of same to anyone. 4 2. If a Protected Document is used or marked as an exhibit in a deposition, or if deposition 5 testimony discloses or discusses Confidential Information, counsel shall designate the testimony or 6 exhibit as confidential. Each transcript so designated shall be treated as a Protected Document, and all 7 such testimony so designated shall be treated as Confidential Information, except as otherwise agreed 8 upon by the Parties or ordered. All court reporters and videographers engaged to record and/or videotape 9 depositions in this case will be informed of this Order and will be required to sign an agreement to operate 10 in a manner consistent with this Order. 11 3. A Party shall not be deemed to have waived any right to designate materials as confidential 12 by allowing inspection of such material prior to a designation of such material as confidential. 13 4. Under no circumstance may Protected Documents or Confidential Information be used in 14 any other action or for any purposes unrelated to this litigation. Access to Protected Documents and 15 Confidential Information shall be limited to those Qualified Persons designated below. 16 5. Protected Documents and Confidential Information may be disclosed only to the 17 following persons (hereinafter referred to as “Qualified Persons”), subject to the terms set forth in Section 18 6 herein: 19 a. The Parties to this action and their respective employees and agents; 20 b. Counsel of record for the Parties and direct employees of such counsel who are 21 materially assisting in the preparation or trial of this action; 22 c. Experts and consultants retained by a Party whose assistance is necessary for trial 23 preparation of this specific action; 24 d. Under seal to the Court and the Court’s employees and staff; 25 e. Court reporters and videographers pursuant to Paragraph 2 of this Protective 26 Order; and 27 f. Any person mutually agreed upon in writing by all Parties. 1 6. In no event shall any disclosure of Protected Documents or Confidential Information be 2 made to competitors of any Party, or to any other person, corporation or entity who, upon reasonable and 3 good faith inquiry, could be determined to be employees of or consultants for a competitor of any Party, 4 unless they are retained as an expert by counsel for a Party, or unless such competitor of any Party is also 5 itself a Party to this Litigation, in which case disclosure shall be made in accordance with the terms and 6 provisions herein. 7 7. Before being given access to any Protected Documents or Confidential Information, each 8 Qualified Person (other than the Court) shall be advised of the terms of this Order, shall be given a copy 9 of this Order, and shall agree in writing, in the form attached hereto as Exhibit A, to be bound by and to 10 comply with the terms of this Order. Counsel for each Party shall maintain a list of all Qualified Persons 11 to whom they or their client have provided any Protected Documents or Confidential Information, and 12 that list shall be available for inspection by the Court. 13 8. Information or documents originating from a non-Party that a designating Party 14 reasonably and in good faith believes is subject to a confidentiality obligation may be designated as 15 Confidential Information or as a Protected Document and shall be subject to the restrictions on disclosure 16 specified in this Protective Order. 17 9. In the event any Party or non-Party discovers that it has inadvertently produced documents 18 or information that should have been, but was not, designated as a Protected Document or as Confidential 19 Information, the producing Party may designate the documents or information as a Protected Document 20 or as Confidential Information by a subsequent notice in writing specifically identifying the documents 21 or information and furnishing such documents or information with the correct designation, in which event 22 the Parties shall, thereafter, treat such documents or information as a Protected Document or as 23 Confidential Information under this Order, and undertake reasonable efforts to retrieve any previously 24 undesignated documents or information and destroy same. 25 10. All documents containing, referring to or otherwise disclosing Protected Documents or 26 Confidential Information which a Party wishes to file or otherwise submit to the Court shall be 27 conspicuously marked “CONFIDENTIAL” and filed under seal pursuant to Rule 26 of the Federal Rules 1 11. Inadvertent production of documents subject to work product privilege, attorney-client 2 privilege, or other applicable privilege shall not constitute a waiver of the privilege, provided that the 3 producing Party notifies the receiving Party in writing of such inadvertent production. Such inadvertently 4 produced documents, and all copies thereof, shall be returned to the producing Party upon timely request. 5 No use may be made of such documents subsequent to the request to return them. Nothing in this 6 Protective Order shall limit the receiving Party from requesting that the Court order the production of 7 any such inadvertently produced documents, except such request may not be based upon the argument of 8 waiver of said privilege to withhold documents. 9 12. Within sixty (60) days after the termination of this action by entry of a final judgment or 10 order of dismissal, each Party, each non-Party or other person subject to the terms of this Order, with the 11 exception of the Clerk of the Court, shall destroy Protected Documents or return them to the Producing 12 Party. Outside counsel for each Party may retain copies of pleadings filed in Court, and of deposition and 13 court transcripts or recordings. Upon written request of a Party, the other Party shall confirm compliance 14 with this section in writing. 15 13. A non-Party may elect to be bound by the terms of this Order by notifying counsel for all 16 Parties in writing and may designate documents and information as Protected Documents or as 17 Confidential Information in the manner set forth in this Order. 18 14. After the termination of this Action by entry of a final judgment or order of dismissal, the 19 provisions of this Order shall continue to be a binding and enforceable agreement, and the terms of this 20 Order may be enforced by specific performance in any court of competent jurisdiction. 21 15. The Court shall undertake proper measures to preserve the confidentiality of Protected 22 Documents and other Confidential Information used during any hearing or at the trial of this case or 23 which was filed with the Court. BAM To the extent that exhibit lists are filed in this case, the Parties 24 shall, at the appropriate time, address the use and protection of Protected Documents at trial. 25 16. This Order shall be binding upon the Parties hereto, upon their attorneys, and upon the 26 Parties and their attorneys’ successors, executors, personal representatives, administrators, heirs, legal 27 representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, and other 1 17. This Order does not constitute a waiver of any Party’s right to object to discovery on any 2 || ground, including the ground that information sought contains trade secrets or other confidential business 3 || information, nor does it constitute an admission or representation by any Party that any document or 4 || information designated as CONFIDENTIAL is in fact a trade secret or contains confidential financial, 5 || proprietary, or business information. 6 18. Nothing in this Order shall constitute a waiver of any Party’s right to object to the 7 || designation of a particular document as confidential. If a Party contends that any document has been 8 || erroneously, unreasonably or inappropriately designated “CONFIDENTIAL,” it shall nevertheless treat 9 || the document as confidential unless and until it either (a) obtains written permission from the Party that 10 || designated the document as confidential to do otherwise, or (b) obtains an Order of this Court stating that 11 || the document is not confidential. 12 13 The foregoing Agreed Protective Order has been reviewed and consented to by the following 14 | counsel of record. 15 LaFOLLETTE, JOHNSON, DeHAAS, FESLER & AMES '6 Date: _February 6, 2024 By: ose Dovey — 17 JASON SCUPINE Attorneys for Defendant, GARFIELD BEACH CVS, 18 L.L.C. 19 20 BAUMAN LAW APLC 21 Date: _February 6, 2024 By: /s/ Estivi Ruiz ESTIVI RUIZ, ESQ. 23 Attorneys for Plaintiff, BABARA HOLLINS 24 25 26 27 28 -5- 1:23-CV-00399-NODJ-BAM

1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 4 I, ____________________________, do declare and state as follows: 5 1. My address is ____________________________________________ 6 ______________________________________________________________. 7 2. I have read the Stipulated and Agreed Protective Order entered in this case, a copy of 8 which has been given to me. 9 3. I understand and agree to comply with and be bound by the provisions of the Order, 10 including that upon receipt of any Confidential Information or Protected Document, I will be personally 11 subject to it, and to all of its requirements and procedures. Specifically, I acknowledge and agree that I 12 hereby submit to the personal jurisdiction of the Court solely as it relates to my ongoing compliance with 13 the terms of the Protective Order entered in this matter on _____________________. 14 4. Further, I declare as provided by

, under penalty of perjury under the laws 15 of the United States of America, that the foregoing is true and correct. 16 17 Executed this ____ day of _______________, 2024, at ___________________________. 18 19 _______________________________ 20 21 Printed name: _______________________________ 22

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25 26 27 1 CERTIFICATE OF SERVICE

2 STATE OF CALIFORNIA ] ] ss. 3 COUNTY OF LOS ANGELES ]

4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is LA FOLLETTE, JOHNSON, DeHAAS, FESLER 5 & AMES, 701 North Brand Blvd., Suite 600, Glendale, California 91203-9877. 6 I hereby certify that on February 6, 2024, I caused all of the pages of the foregoing documents 7 described as STIPULATED PROTECTIVE ORDER to be electronically filed with the United States District Court, EASTERN District of California by using the CM/ECF system. I certify that the following 8 parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF 9 system regarding the case of BARBARA HOLLINS v. GARFIELD BEACH CVS, L.L.C., et al., Court Case No. 1:23−CV−00399−NODJ−BAM, Our Matter No. 06541.43703 MAW. 10 Shaun J. Bauman, Esq. 11 Estivi Ruiz, Esq. Bauman Law APLC 12 24003A Ventura Blvd., 2nd Floor 13 Calabasas, CA 91302-1447 Phone: 818-285-0222 14 Fax: 818-285-0224 Email: [email protected] 15 [email protected]; [email protected] 16 Attorney for Plaintiff, BABARA HOLLINS

17 I declare under penalty of perjury under the law of the United States of America that I am employed by a member of the Bar of this Court and that the forgoing is true and correct. 18 Executed on February 6, 2024, at Lakeland, Florida. 19

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21 TRACY KAPOCIUS

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27 1 ORDER

2 Having considered the above stipulation and finding good cause, the Court adopts the signed 3 stipulated protective order. 4 The parties are advised that pursuant to the Local Rules of the United States District Court, 5 Eastern District of California, any documents subject to the protective order to be filed under seal must 6 be accompanied by a written request which complies with Local Rule 141 prior to sealing. The party 7 making a request to file documents under seal shall be required to show good cause for documents 8 attached to a non-dispositive motion or compelling reasons for documents attached to a dispositive 9 motion. Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2009). Within five (5) days of 10 any approved document filed under seal, the party shall file a redacted copy of the sealed document. 11 The redactions shall be narrowly tailored to protect only the information that is confidential or was 12 deemed confidential. 13 14 Additionally, the parties shall consider resolving any dispute arising under the protective order 15 according to the Court’s informal discovery dispute procedure. 16 IT IS SO ORDERED. 17

18 Dated: March 5, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19

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