1 ELIZABETH RHODES, SBN 218480 [email protected] 2 ERIC F. DELLA SANTA, SBN: 310458 [email protected] 3 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4 400 Capitol Mall, Suite 2800 Sacramento, CA 95814 5 Telephone: 916-840-3150 Facsimile: 916-840-3159 6 Attorneys for CAPITAL ONE, N.A., and MARY 7 DICKINS (erroneously sued as MARY DICKSON) 8 KELSEY A. WEBBER, SBN 303721 9 [email protected] DOUGLAS M. EGBERT, SBN 265062 10 [email protected] SHAELYN A. STEWART, SBN 335149 11 [email protected] NATHAN A. SEARCY, SBN 345658 12 [email protected] WEBBER & EGBERT EMPLOYMENT 13 LAW, P.C. 1610 R Street, Suite 300 14 Sacramento, CA 95811 Telephone: 916-588-0683 15 Attorneys for Plaintiff DOLORES WHITE 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18

19 DOLORES WHITE, Case No. 1:24-cv-00633-SKO 20 Plaintiff, STIPULATED PROTECTIVE ORDER 21 vs. (Doc. 45) 22 CAPITAL ONE, National Association; MARY 23 DICKSON, an individual; and DOES 1 through 50, inclusive, 24 Defendants. 25

26 27 28 1 Plaintiff DOLORES WHITE (“Plaintiff”), and Defendants CAPITAL ONE, National 2 Association (“Capital One”) and MARY DICKINS (“Dickins”) (collectively, “Defendants”), in the 3 above-captioned action (the “Action”) hereby stipulate to the entry of the following protective order: 4 1. PURPOSES AND LIMITATIONS 5 Disclosure and discovery activity in the Action is likely to involve production of confidential, 6 proprietary, or private information for which special protection from public disclosure and from use 7 for any purpose other than prosecuting and defending the Action may be warranted. Accordingly, 8 the Plaintiff and Defendants (each a “Party,” and together, the “Parties”) hereby stipulate to, and 9 request that the Court enter, the following Stipulated Protective Order (the “Order”). The parties 10 acknowledge that this Stipulation and Order does not confer blanket protections on all disclosures or 11 responses to discovery and that the protection it affords extends only the limited information or items 12 that are entitled, under applicable legal principles, to treatment as confidential. The parties further 13 acknowledge, as set forth below, that this Stipulation and Order creates no entitlement to file 14 confidential information under seal; Eastern District Local Rule 141 sets forth the procedures that 15 must be followed and reflects the standards that will be applied when a party seeks permission from 16 the court to file material under seal. This Order is needed to protect the private information of 17 Plaintiff (medical records, psychotherapeutic records, mental health records, financial records, and 18 employment records) and the confidential information of Defendant (i.e. non-public financial, 19 strategic, or commercial information or non-public personal information). This Order will ensure 20 that the private and confidential information exchanged in discovery will not be shared publicly and 21 will be adequately protected. 22 The Parties acknowledge that this Order does not confer blanket protections on all disclosures 23 or responses to discovery and the protection it affords from public disclosure and use extends only 24 to the limited information or items that are entitled to confidential treatment under applicable law. 25 2. DEFINITIONS 26 2.1 Challenging Party: a Party that challenges the designation of information or 27 items under this Order. 28 1 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it 2 is generated, stored, or maintained) or tangible things that qualify for protection under standards 3 developed under Federal Rule of Civil Procedure 26(c) and/or applicable federal privileges. This 4 material is Plaintiff’s medical records, psychotherapeutic records, mental health records, financial 5 records, and employment records; as well as Defendants’ records containing non-public personal 6 information (including information regarding Capital One’s employees and customers), internal 7 messaging services used to convey and discuss non-public business practices, and internal business 8 policies and practices; and other similar confidential records designated as such. 9 2.3 Counsel: Outside Counsel of Record and In-House Counsel (as well as their 10 support staff). 11 2.4 Designating Party: a Party or Non-Party that designates information or items 12 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 13 2.5 Disclosure or Discovery Material: all items or information, regardless of the 14 medium or manner in which they are generated, stored, or maintained (including, among other things, 15 testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses 16 to discovery in the Action. 17 2.6 Expert: a person with specialized knowledge or experience in a matter 18 pertinent to the Action who has been retained by a Party or its Counsel to serve as an expert witness 19 or consultant in the Action. 20 2.7 In-House Counsel: litigation attorneys who are employees of a Party to this 21 action. In-House Counsel does not include Outside Counsel of Record or any other outside counsel. 22 2.8 Non-Party: any natural person, partnership, corporation, association, or other 23 legal entity not named as a Party in this Action. 24 2.9 Outside Counsel of Record: attorneys who are not employees of a Party to 25 this action but are retained to represent or advise a Party to the Action and have appeared in the 26 Action on behalf of that Party or are affiliated with or contracted by a law firm which has appeared 27 on behalf of that Party. 28 1 2.10 Party: any party to this Action, including all of its officers, directors, and 2 employees. 3 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 4 Material in this Action. 5 2.12 Professional Vendors: persons or entities that provide litigation support 6 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 7 organizing, storing, or retrieving data in any form or medium) and their employees and 8 subcontractors. 9 2.13 Privacy Information: any documents containing an individual's social security 10 number or taxpayer identification number (other than only the last four digits thereof), an individual's 11 birth date (other than only the year of the individual's birth), the name of an individual known to be 12 a minor (other than only the minor's initials), a financial account number (other than only the last 13 four digits thereof), "Personal Data," "Personally Identifiable Information," "Sensitive Private Data," 14 or "Nonpublic Personal Information" as these terms are defined under federal, state or foreign data 15 protection laws, including without limitation the General Data Protection Regulation (EU) 2016/679 16 (the "GDPR"), or any information that a party or non-party believes in good faith to be subject to 17 non-US data protection laws, regardless of whether such information has been designated as 18 "CONFIDENTIAL” (collectively “Privacy Information”). 19 2.14 Protected Material: 20 (a) any Disclosure or Discovery Material that is designated as 21 “CONFIDENTIAL”; 22 (b) any information that a party believes in good faith to be subject to federal, 23 state, or foreign Data Protection Laws or other privacy obligations. Protected Material constitutes 24 highly sensitive materials requiring special protection, including, but not limited to, The Gramm- 25 Leach-Bliley Act,

et seq. (financial information); The Health Insurance Portability 26 and Accountability Act and the regulations thereunder (HIPAA), 45 CFR Part 160 and Subparts A 27 and E of Part 164 (medical information); Fair Credit Reporting Act (FCRA),

et seq. 28 1 communication); Genetic Information Non-discrimination Act of 2008 (GINA) (biometric 2 information); and the California Consumer Privacy Act (CCPA). 3 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 4 a Producing Party. 5 3. GOOD CAUSE 6 3.1 Plaintiff’s Contentions. 7 Plaintiff contends that there is good cause and a particularized need for a protective order to 8 preserve the interest of privacy in Plaintiff’s medical records, psychotherapeutic records, mental 9 health records, financial records, and employment records. Article 1 of the California Constitution 10 provides that “all people are by nature free and independent and have inalienable rights, among which 11 is pursuing and obtaining privacy.” Davis v. Superior Court (1992)

, 1013. 12 Medical records fall within the zone of privacy protected by the California Constitution. See Id.; 13 Britt v. Superior Court (1978)

; Hallendorf v. Superior Court (1978)

553; Tylo v. Superior Court (1997)

. 15 3.2 Defendants’ Contentions. 16 Defendants contend that there is good cause and a particularized need for a protective order 17 to preserve the privacy of Capital One’s records, or portions thereof, containing non-public personal 18 information, including information regarding Capital One’s employees and customers, because such 19 records have been held to be entitled to privacy protections under the California Constitution, Article 1. 20 Valley Bank of Nevada v. Superior Court,

(1975); Board of Trustees v. Superior 21 Court,

(1981) (disapproved of on other grounds by Williams v. Superior 22 Court,

(2017)). Similarly, businesses’ trade secrets and similar confidential and propriety 23 information has been noted to be properly the subject of a protective order. See Bridgestone/Firestone, 24 Inc. v. Superior Court,

. Capital One’s internal business policies and practices fall 25 under this category, as does its internal messaging service records, which contain employee message 26 chains used to convey and discuss non-public business practices. 27 Defendants believe a formal protective order is best suited to provide the above protection so that 28 1 application or handling of confidential information may be properly adjudicated by this Court. This 2 Stipulated Protective Order furthermore provides recourse to the Parties in the event that there are 3 allegations of a breach by either Party. 4 4. SCOPE 5 The protections conferred by this Order cover Protected Material produced in discovery in 6 the Action as well as (1) any information copied or extracted from Protected Material; (2) all copies, 7 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. However, the 9 protections conferred by this Order do not cover the following information: (a) any information that 10 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public 11 domain after its disclosure to a Receiving Party as a result of publication not involving a violation of 12 this Order; and (b) any information obtained by the Receiving Party from a source who obtained the 13 information lawfully and under no obligation of confidentiality to the Designating Party. Any use 14 of Protected Material at trial shall be governed by a separate agreement or order. 15 5. DURATION 16 Even after Final Disposition of the Action, the confidentiality obligations imposed by this 17 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 18 otherwise directs. “Final Disposition” shall be deemed to be the later of (1) dismissal of all claims 19 and defenses in the Action, with or without prejudice; and (2) final judgment herein after the 20 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of the Action, 21 including the time limits for filing any motions or applications for extension of time pursuant to 22 applicable law. After Final Disposition and subject to 16.1, all Protected Material shall be maintained 23 and/or destroyed pursuant to normal business practice and/or local Data Protection Laws. This Court 24 will retain jurisdiction to enforce the terms of this Order following the Final Disposition of the 25 Action. 26 6. DESIGNATING PROTECTED MATERIAL 27 6.1 Exercise of Care in Designating Material for Protection. Each Party or Non- 28 1 to limit any such designation to specific material that qualifies for protection under this Order. 2 6.2 Manner and Timing of Designations. Except as otherwise provided in this 3 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 4 protection 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, but 8 excluding transcripts of depositions or other pretrial proceedings), that the Producing Party affix the 9 legend “CONFIDENTIAL” to each page that contains Protected Material or, in the case of native 10 file production, in conformity with the Stipulation and Order Regarding Production of Documents 11 and Information. 12 A Party or Non-Party that makes original documents or materials available for inspection 13 need not designate them for protection until after the inspecting Party has indicated which material 14 it would like copied and produced. During the inspection and before the designation, all of the 15 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 16 Party has identified the documents it wants copied and produced, the Producing Party must determine 17 which documents, or pages thereof, qualify for protection under this Order. Then, before producing 18 the specified documents, the Producing Party must affix the appropriate legend 19 (“CONFIDENTIAL”) to each document or page of a document that contains Protected Material. 20 (b) for testimony given in deposition or in other pretrial proceedings, that all 21 deposition testimony or testimony during other pretrial proceedings shall be treated as 22 “CONFIDENTIAL” for a period of 30 days from the date of receipt by Outside Counsel of Record 23 of a final transcript during which a Designating Party may identify the specific portions of testimony 24 as to which protection is sought and specify the particular level of protection being asserted. At the 25 expiration of that 30-day period, only those portions that are specifically identified will qualify for 26 protection under this Order. Alternatively, during that 30-day period, a Designating Party may, if 27 appropriate, designate the entire transcript as “CONFIDENTIAL.” Any rough transcript that is 28 1 during the 30-day period as if it had been designated “CONFIDENTIAL” in its entirety unless 2 otherwise agreed. After the expiration of that period, the transcript shall be treated only as actually 3 designated. 4 Each Party shall provide notice to all other Parties if it reasonably expects to reference or use 5 Protected Material at a deposition, hearing or other proceeding so that the other parties can ensure 6 that only authorized individuals who have signed the “Acknowledgment and Agreement to Be 7 Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a 8 deposition shall not in any way affect its designation as “CONFIDENTIAL.” 9 (c) for information produced in some form other than documentary form and for 10 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 11 container or containers in which the information or item is stored the legend “CONFIDENTIAL.” If 12 only a portion or portions of the information or item warrant protection, the Producing Party, to the 13 extent practicable, shall identify the protected portion(s) and specify the level of protection being 14 asserted. 15 6.3 Inadvertent Failures to Designate. The inadvertent production by any of the 16 undersigned Parties or non-Parties to the Action of any Document, Testimony or Information during 17 discovery in this Action without a “CONFIDENTIAL” designation, shall be without prejudice to any 18 claim that such item is “CONFIDENTIAL” and such Party shall not be held to have waived any 19 rights by such inadvertent production. In the event that any Document, Testimony or Information 20 that is subject to a “CONFIDENTIAL” designation is inadvertently produced without such 21 designation, the Party that inadvertently produced the document shall give written notice of such 22 inadvertent production within twenty (20) days of discovery of the inadvertent production, together 23 with a further copy of the subject Document, Testimony or Information designated as 24 “CONFIDENTIAL” (the “Inadvertent Production Notice”). Upon receipt of such Inadvertent 25 Production Notice, the Party that received the inadvertently produced Document, Testimony or 26 Information shall promptly destroy the inadvertently produced Document, Testimony or Information 27 and all copies thereof, or, at the expense of the producing Party, return such together with all copies 28 1 the “CONFIDENTIAL” designated Materials. Should the receiving Party choose to destroy such 2 inadvertently produced Document, Testimony or Information, the receiving Party shall notify the 3 producing Party in writing of such destruction within ten (10) days of receipt of written notice of the 4 inadvertent production. This provision is not intended to apply to any inadvertent production of any 5 Information protected by attorney-client privilege, work product privilege or any other applicable 6 privilege or immunity. In the event that this provision conflicts with any applicable law regarding 7 waiver of confidentiality through the inadvertent production of Documents, Testimony or 8 Information, such law shall govern. 9 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 7.1 Timing of Challenges. A Receiving Party must challenge a designation of 11 confidentiality within a reasonable period of time after such designation is made by the Designating 12 Party. 13 7.2 Meet and Confer. In the event of a challenge to a designation, the Challenging 14 Party shall initiate the dispute resolution process by providing written notice of each designation it 15 is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a 16 challenge has been made, the written notice must recite that the challenge to confidentiality is being 17 made in accordance with this paragraph of the Order. The Parties shall attempt to resolve each 18 challenge in good faith and must begin the process by conferring directly (in person or by telephone) 19 within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the 20 basis for its belief that the confidentiality designation was not proper and must give the Designating 21 Party an opportunity to review the designated material, to reconsider the circumstances, and, if no 22 change in designation is offered, to explain the basis for the chosen designation. 23 7.3 Judicial Intervention with Respect to Confidentiality Designations. If the 24 challenge cannot be resolved through the meet and confer process, the Designating Party may apply 25 to the Court for a ruling that a document (or category of documents) designated as Protected Material 26 by the Designating Party is entitled to the specified level of protection within 30 days of the 27 Designating Party’s response described in Section 6.2 above. 28 1 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 2 Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary 3 expenses and burdens on other parties) may expose the Challenging Party to sanctions. 4 While any challenge pursuant to this paragraph is pending, all Parties shall continue to afford 5 the material in question the level of protection to which it is entitled under the Designating Party’s 6 designation until the Court rules on the challenge. 7 8. ACCESS TO AND USE OF PROTECTED MATERIAL 8 8.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this Action only for 10 prosecuting, defending, or attempting to settle the Action. Such Protected Material may be disclosed 11 only to the categories of persons and under the conditions described in this Order. When the Action 12 has been terminated, a Receiving Party must comply with the provisions of Section 16 below. 13 Protected Material must be stored and maintained by a Receiving Party at a location and in a 14 secure manner that ensures that access is limited to the persons authorized under this Order. The 15 recipient of any Protected Material that is provided under this Order shall maintain such information 16 in a reasonably secure and safe manner that ensures access is limited to the persons authorized herein, 17 and shall further exercise the same standard of due and proper care with respect to the storage, 18 custody, use, and/or dissemination of such information as the recipient would use with respect to its 19 own material of the same or comparable sensitivity, but no less than the reasonable precautions set 20 forth in Section 15 below. 21 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 22 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose 23 any information or item designated “CONFIDENTIAL” only to: 24 (a) the Receiving Party’s Outside Counsel of Record in the Action, as well as 25 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 26 information for purposes of the Action; 27 / / / 28 1 (b) the officers, directors, and employees (including In-House Counsel) of the 2 Receiving Party to whom it is reasonably necessary to disclose the information for purposes of the 3 Action; 4 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 5 is reasonably necessary for purposes of the Action and who have signed the “Acknowledgment and 6 Agreement to Be Bound” (Exhibit A); 7 (d) the Court and its personnel; 8 (e) court reporters and their staff, professional jury or trial consultants, mock 9 jurors, and Professional Vendors to whom disclosure is reasonably necessary for purposes of the 10 Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (f) witnesses offering testimony in the Action; 12 (g) mediators in the Action; 13 (h) the author or recipient of a document containing the information; 14 (i) mock jury participants, provided, however, that prior to the Disclosure of 15 “CONFIDENTIAL” Materials to any such mock jury participant, counsel for the Party making the 16 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain 17 that such person is bound to follow the terms of such Order, and shall secure the signature of such 18 person on the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (j) outside experts or expert consultants consulted by the undersigned Parties or 20 their counsel in connection with the Action, whether or not retained to testify at any oral hearing; 21 provided, however, that prior to the Disclosure of “CONFIDENTIAL” Materials to any such expert 22 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this 23 Stipulation and Protective Order to such person, shall explain that such person is bound to follow the 24 terms of such Order, and shall secure the signature of such person on the “Acknowledgment and 25 Agreement to Be Bound” (Exhibit A). It shall be the obligation of counsel, upon learning or any 26 breach or threatened breach of this Stipulation and Protective Order by any such expert or expert 27 consultant, to promptly notify counsel for the Designating Party of such breach or threatened breach; 28 1 (k) and any other individuals with the written consent of the Designating Party 2 and who have signed the “Acknowledgment and Agreement to Be Bound” (Appendix A). 3 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 4 OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in the Action as “CONFIDENTIAL” that Party 7 must: 8 (a) promptly notify in writing the Designating Party and include in such 9 notification a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to issue 11 in the other litigation that some or all of the material covered by the subpoena or order is subject to 12 this Order and must include a copy of this Order with the notification; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by 14 the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the subpoena 16 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 17 before a determination by an appropriate court, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking protection in that 19 court of its confidential material. 20 Nothing in these provisions should be construed as authorizing or encouraging a Receiving 21 Party in this Action to disobey a lawful directive from another court. 22 10. APPLICABILITY OF THIS STIPULATED PROTECTIVE ORDER TO NON- 23 PARTIES 24 10.1 Order Applicable to Non-Parties. The terms of this Order are applicable to 25 information produced by Non-Parties in the Action and designated as “CONFIDENTIAL.” Such 26 information produced by Non-Parties in connection with this Action is protected by the remedies and 27 relief provided by this Order. 28 1 10.2 Service of Order with Non-Party Discovery Request. The Party issuing any 2 subpoena or other discovery request on any Non-Party in this Action shall include with any such 3 subpoena or discovery request a copy of this Order. 4 10.3 Request to a Party Seeking Non-Party Confidential Information. In the event 5 that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential 6 information in its possession, and the Party is subject to an agreement with the Non-Party not to 7 produce the Non-Party’s confidential information, then the Party shall: 8 (a) promptly notify in writing the Requesting Party and the Non-Party that some 9 or all of the information requested is subject to a confidentiality agreement with a Non-Party; 10 (b) promptly provide the Non-Party with a copy of this Order, the relevant 11 discovery request(s), and a reasonably specific description of the information requested; and 12 (c) make the information requested available for inspection by the Non-Party. 13 If the Non-Party fails to object or seek a protective order from this Court within 14 days of 14 receiving the notice and accompanying information, the Party that received the discovery request 15 may produce the Non-Party’s responsive confidential information. If the Non-Party timely seeks a 16 protective order, the Party that received the discovery request shall not produce any information in 17 its possession or control that is subject to the confidentiality agreement with the Non-Party before a 18 determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the burden 19 and expense of seeking protection in this Court of its Protected Material. 20 11. FILING OF PROTECTED MATERIAL 21 In the event a Party wishes to use any Protected Material or any papers containing or making 22 reference to the content of such material in any pleading or document filed with the Court in this 23 Action, such pleading or document and any appended Protected Material shall be filed under seal 24 pursuant to the Local Rules as follows: 25 (a) if the Protected Material has been designated as “CONFIDENTIAL” by the 26 Party filing the Protected Material, then the Party should follow the requirements of Local Rule 141. 27 (b) if the Protected material has been designated as “CONFIDENTIAL” by another 28 1 follow the requirements of Local Rule 141. 2 The sealed material shall plainly state on the first page of any bound or stapled document 3 “CONTAINS CONFIDENTIAL MATERIAL PURSUANT TO PROTECTIVE ORDER—FILED 4 UNDER SEAL” and shall be filed only in sealed envelopes which shall be endorsed with the 5 appropriate caption and a statement in the following form: “CONFIDENTIAL – THIS ENVELOPE 6 CONTAINS DOCUMENTS THAT ARE SUBJECT TO A PROTECTIVE ORDER ENTERED BY 7 THE COURT IN THIS ACTION. THIS ENVELOPE SHALL NEITHER BE OPENED NOR THE 8 CONTENTS REVEALED FILING AND USE OF PROTECTED MATERIAL FOR PRETRIAL 9 PURPOSES EXCEPT BY ORDER OF THE COURT.” 10 Without written permission from the Designating Party or a court order secured after 11 appropriate notice to all interested persons, a Party may not file in the public record in this Action 12 any Protected Material. A Party that seeks to file under seal any Protected Material must comply 13 with Local Civil Rule 5. Protected Material may only be filed under seal pursuant to a court order 14 authorizing the sealing of the specific Protected Material at issue. If a Receiving Party’s request to 15 file Protected Material under seal pursuant to Local Civil Rule 5 is denied by the court, then the 16 Receiving Party may file the information in the public record unless otherwise instructed by the 17 Court. 18 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 20 Material to any person or in any circumstance not authorized under this Order, the Receiving Party 21 must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use 22 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 23 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request 24 such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 25 attached hereto as Exhibit A. 26 / / / 27 / / / 28 1 13. NOTIFICATION IN THE EVENT OF A SECURITY BREACH OR 2 UNAUTHORIZED ACCESS TO PRODUCED MATERIAL 3 If the Receiving Party discovers any breach of security, including any actual or suspected 4 unauthorized access, relating to materials produced, the Receiving Party shall: 5 (a) promptly provide written notice to Producing Party of such breach within twenty-four 6 (24) hours of the discovery of the breach; 7 (b) investigate and make reasonable efforts to remediate the effects of the breach, and 8 provide the Producing Party with assurances that such breach shall not recur; 9 (c) provide sufficient information about the breach that the Producing Party can 10 reasonably ascertain the size and scope of the breach. The Receiving Party agrees to cooperate with 11 the Producing Party or law enforcement in investigating any such security incident; and 12 (d) the Receiving Party shall promptly take all necessary and appropriate corrective 13 action to terminate the unauthorized access and/or correct the breach. 14 14. PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 15 14.1 No Waiver by Disclosure. This order is entered pursuant to Rule 502(d) of 16 the Federal Rules of Evidence. Subject to the provisions of this Order, if a Party or subpoenaed 17 nonparty (the “Disclosing Party”) discloses information in connection with the pending litigation 18 that the Disclosing Party thereafter claims to be privileged (bank secrecy information or bank 19 examination information) or protected by the attorney-client privilege or work product protection 20 (“Privileged Information”), the disclosure of that Privileged Information will not constitute or be 21 deemed a waiver or forfeiture – in this or any other federal or state action – of any claim of privilege, 22 including but not limited to attorney-client, bank examination or bank secrecy act privilege, or work 23 product protection that the Disclosing Party would otherwise be entitled to assert with respect to the 24 Privileged Information and its subject matter. This Order shall be interpreted to provide the 25 maximum protection allowed by Federal Rule of Evidence 502(d). 26 14.2 Notification Requirements; Best Efforts of Receiving Party. A Disclosing 27 Party must promptly notify the Party receiving the Privileged Information (“the Receiving Party”), 28 1 disclosure. Upon such notification, the Receiving Party must – unless it contests the claim of 2 privilege or work product protection in accordance with paragraph 13.3 – promptly (i) notify the 3 Disclosing Party that it will make best efforts to identify and return, sequester, or destroy (or in the 4 case of electronically stored information, delete) the Privileged Information and any reasonably 5 accessible copies it has and (ii) provide a certification that it will cease further review, dissemination, 6 and use of the Privileged Information. Within five business days of receipt of the notification from 7 the Receiving Party, the Disclosing Party must explain as specifically as possible why the Protected 8 Information is privileged. 9 14.3 Contesting Claim of Privilege or Work Product Protection. If the Receiving 10 Party contests the claim of privilege or work product protection, the Receiving Party must – within 11 five business days of receipt of the notice of disclosure – move the Court for an Order compelling 12 disclosure of the information claimed as unprotected (a “Disclosure Motion”). The Disclosure 13 Motion must be filed under seal and must not assert as a ground for compelling disclosure the fact 14 or circumstances of the disclosure. Pending resolution of the Disclosure Motion, the Receiving Party 15 must not use the challenged information in any way or disclose it to any person other than those 16 required by law to be served with a copy of the sealed Disclosure Motion. 17 14.4 Stipulated Time Periods. The Parties may stipulate to extend the time periods 18 set forth in paragraphs 13.2 and 13.3. 19 14.5 Attorney’s Ethical Responsibilities. Nothing in this order overrides any 20 attorney’s ethical responsibilities to refrain from examining or disclosing materials that the attorney 21 knows or reasonably should know to be privileged and to inform the Disclosing Party that such 22 materials have been produced. 23 14.6 Burden of Proving Privilege or Work-Product Protection. The Disclosing 24 Party retains the burden – upon challenge pursuant to paragraph 13.3 – of establishing the privileged 25 or protected nature of the Privileged Information. 26 14.7 In camera Review. Nothing in this Order limits the right of any Party to 27 petition the Court for an in camera review of the Privileged Information. 28 1 14.8 Voluntary and Subject Matter Waiver. This Order does not preclude a Party 2 from voluntarily waiving the attorney-client privilege or work product protection. The provisions of 3 Federal Rule 502(a) apply when the Disclosing Party uses or indicates that it may use information 4 produced under this Order to support a claim or defense. 5 14.9 Review. Nothing contained herein is intended to or shall serve to limit a 6 Party’s right to conduct a review of documents, ESI or information (including metadata) for 7 relevance, responsiveness and/or segregation of privileged and/or protected information before 8 production. Further nothing contained herein is intended to reduce the time frame provided to the 9 Disclosing Party to complete their review should they choose to do so. 10 14.10 Proportionality. Nothing contained herein is intended to limit a Party’s 11 proportionality and burden arguments specifically related to the costs to conduct a review of 12 documents, ESI or information (including metadata) for relevance, responsiveness and/or 13 segregation of privileged and/or protected information before production. 14 14.11 Rule 502(b)(2). The provisions of Federal Rule of Evidence 502(b)(2) are 15 inapplicable to the production of Protected Information under this Order. 16 15. MISCELLANEOUS 17 15.1 Right to Further Relief and Modification by the Court. Nothing in this Order 18 abridges the right of any person to seek its modification by the Court in the future. The Court retains 19 the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation 20 at any time in the interest of justice. 21 15.2 Right to Assert Other Objections. No Party waives through entry of this Order 22 any right it otherwise would have to object to disclosing or producing any information or item on 23 any ground not addressed in this Order. Similarly, no Party waives any right to object on any ground 24 to use in evidence of any of the material covered by this Order. 25 15.3 Right of a Party to Use Its Own Documents. Nothing in this Order shall affect 26 a Party’s use or disclosure of its own documents in any way. 27 15.4 Right of a Party to Use Independently Obtained Documents. Nothing in this 28 1 information obtained by such Party independent of formal discovery proceedings in this Action. 2 15.5 Sending Protected Materials: Any document production that may contain 3 Protected Material may be produced in encrypted form and the production media may be labeled 4 “MAY CONTAIN NON-PUBLIC PERSONAL INFORMATION” or “MAY CONTAIN 5 CONFIDENTIAL HEALTH INFORMATION” as applicable. If a Producing Party encrypts or 6 “locks” the production, the Producing Party shall send, under separate cover, an explanation of how 7 to decrypt the files. When any Producing Party ships by U.S. Mail, Federal Express, UPS, or other 8 courier delivery service, any Discovery Material to others designated in this Order as authorized to 9 receive Discovery Material, the Producing Party will encrypt the electronic data and supply the 10 password in separate correspondence to the recipient. 11 15.6 Redaction of Privacy Information: For any matter that any party claims, in 12 good faith, contains "Personally Identifiable Information," "Sensitive Private Data," or "Nonpublic 13 Personal Information" as these terms are defined under federal, state or foreign data protection laws, 14 the party shall mark each thing where matter has been redacted with a legend stating "REDACTED," 15 and specify the basis for the redaction (e.g., data privacy) as appropriate, or a comparable notice. The 16 right to challenge and the process for challenging redactions shall be the same as the right to 17 challenge and the process for challenging the confidentiality designations of Discovery Material as 18 set forth in Section 6. 19 16. DATA SECURITY 20 16.1 Any person in possession of another Party’s Protected Material shall exercise 21 the same care with regard to the storage, custody, or use of such Protected Material as they would 22 apply to their own material of the same or comparable sensitivity, but no less than the reasonable 23 precautions set forth in Section 15.2 below. 24 16.2 Receiving Parties must take reasonable precautions to protect Protected 25 Material from loss, misuse and unauthorized access, disclosure, alteration and destruction. Such 26 measures shall include: 27 (a) Reasonably preventing unauthorized persons from gaining access to Protected 28 1 (b) Reasonably preventing Protected Material from being used without 2 authorization (logical access control) including, but not limited to, the use of passwords; 3 (c) Reasonably ensuring that persons entitled to use Protected Material gain 4 access only to such Protected Material as they are entitled to access in accordance with their access 5 rights, and that, in the course of processing or use and after storage, Protected Material cannot be 6 read, copied, modified or deleted without authorization (data access control); 7 (d) Reasonably ensuring that the Protected Material cannot be read, copied, 8 modified or deleted without authorization during electronic transmission, transport or storage on 9 storage media, and that the target entities for any transfer of Protected Material by means of data 10 transmission facilities can be established and verified (data transfer control); 11 (e) Reasonably ensuring the establishment of an audit trail to document whether 12 and by whom Protected Material have been entered into, modified, or removed from Protected 13 Material processing systems, (entry control); and 14 (f) Reasonably ensuring that the Protected Material is processed solely in 15 accordance with instructions from Counsel or Receiving Party (control of instructions). 16 17. FINAL DISPOSITION 17 17.1 Within 60 days after the Final Disposition of this action, as defined in Section 18 4, each Receiving Party must return all Protected Material to the Producing Party or destroy such 19 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 20 compilations, summaries, and any other format reproducing or capturing any of the Protected 21 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit 22 a written certification to the Producing Party (and, if not the same person or entity, to the Designating 23 Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected 24 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any 25 copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the 26 Protected Material. Notwithstanding this provision, Counsel is entitled to retain archival copies of 27 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 28 1 and expert work product, even if such materials contain Protected Material. Any such archival copies 2 that contain or constitute Protected Material remain subject to this Order as set forth in Section 4. 3 17.2 This requirement to return or destroy Confidential Material/Documents also 4 does not require a party or individual subject to this Order to produce or destroy any computer 5 archival or backup tapes, archival or backup systems, archival or backup servers, archival or backup 6 files, any information that is only retrievable through the use of specialized tools or techniques 7 typically used by a forensic expert, or any other data that is generally considered not reasonably 8 accessible. Such material shall continue to be treated as Confidential Information under this Order. 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 DATED: June 17, 2025 WEBBER & EGBERT EMPLOYMENT LAW, P.C. 12 13 14 By: /s/ Nathan Searcy Kelsey A. Webber 15 Douglas M. Egbert Shaelyn A. Stewart 16 Nathan A. Searcy

17 Attorneys for Plaintiff DOLORES WHITE 18 19 DATED: June 17, 2025 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 20 21 22 By: /s/ Eric F. Della Santa Elizabeth Rhodes 23 Eric F. Della Santa

24 Attorneys for CAPITAL ONE, N.A., and MARY DICKINS (erroneously sued as MARY 25 DICKSON) 26

27 28 1 ORDER 2 GOOD CAUSE APPEARING, the parties’ foregoing request, (Doc. 45), is GRANTED. 3 IT IS SO ORDERED. 4

5 Dated: June 18, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6

7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 4 I, _______________________________, of _______________________________ declare 5 under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the U.S. District Court for the Eastern District of California on 7 _______________________, 20__, in Dolores White v. Capital One, N.A., et al., Case No. 1:24-cv- 8 00633-SKO. I agree to comply with and to be bound by all terms of this Stipulated Protective Order 9 and I understand and acknowledge that failure to so comply could expose me to sanctions and 10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 11 information or item that is subject to this Stipulated Protective Order to any person or entity except 12 in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the U.S. District Court for the Eastern District 14 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. 16 17 Date: _________________________ 18 City and state where sworn and signed: _______________________________ 19 Printed name: ___________________________________ 20 Signature: _______________________________________ 21 22 23 24 25 26 27 28