Azariah Rivera v. Uniqlo California, LLC et al, No. 2:2017cv02848 - Document 28 (C.D. Cal. 2017)

Court Description: ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 25 . (See Order for details) [Note Changes Made By The Court]. (bem)

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Azariah Rivera v. Uniqlo California, LLC et al Doc. 28 1 2 3 4 NOTE: CHANGES MADE BY THE COURT 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 AZARIAH RIVERA, individually and on behalf of all others similarly situated, 12 13 14 15 16 Case No. 2:17-cv-2848 JAK (JPRx) Plaintiff, v. UNIQLO CALIFORNIA, LLC, FAST RETAILING USA, INC., and DOES 150, inclusive, ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER First Amended Complaint Filed: March 19, 2017 Defendants. 17 18 19 On July 18, 2017, Plaintiff AZARIAH RIVERA (“Plaintiff”) and Defendants 20 UNIQLO CALIFORNIA LLC and FAST RETAILING USA, INC, (collectively, 21 “Defendants”), through their respective counsel of record, filed a Joint Stipulation for 22 Protective Order. Good cause appearing, the Joint Stipulation is GRANTED. The 23 Court enters the following Protective Order: 24 PROTECTIVE ORDER 25 In order to facilitate the exchange of information and documents which may be 26 subject to confidentiality limitations on disclosure due to federal laws, state laws, and 27 privacy rights, and to protect privileged and otherwise protected documents, data, and 28 other information (including electronically stored information and metadata) against LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER Case No. 2:17-cv-2848 JAK (JPRx) Dockets.Justia.com 1 inadvertent production and claims of waiver in the event they are produced during the 2 course of this litigation, IT IS HEREBY ORDERED: 3 4 5 1. In this Protective Order, the words set forth below shall have the following meanings: a. “Proceeding” means the above-entitled proceeding, Azariah Rivera 6 v. Uniqlo California LLC, et al., United States District Court for 7 the Central District of California Case No. 17-cv-2848-JAK 8 (JPRx). 9 b. 10 11 “Party” means any party to this action, including all of its officers, directors, and employees. c. “Court” means the Honorable John F. Kronstadt and the Honorable 12 Jean P. Rosenbluth, or any other judge to which this Proceeding 13 may be assigned, including Court staff participating in such 14 proceedings. 15 d. “Confidential” means any information which is in the possession of 16 a Designating Party who believes in good faith that such information 17 is entitled to confidential treatment under applicable law. 18 e. “Confidential Materials” means any Documents, Testimony or 19 Information as defined below designated as “Confidential” 20 pursuant to the provisions of this Protective Order. 21 f. 22 23 “Designating Party” means the Party that designates Materials as “Confidential.” g. “Disclose” or “Disclosed” or “Disclosure” means to reveal, 24 divulge, give, or make available Materials, or any part thereof, or 25 any information contained therein. 26 h. “Documents” means (i) any kind of written, typewritten, printed or 27 recorded material whatsoever, including but not limited to, any 28 notes, memoranda, charges, complaints, claims, affidavits, LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 2. Case No. 2:17-cv-2848 JAK (JPRx) 1 statements, papers, files, forms, data, tapes, printouts, letters, 2 reports, 3 records, correspondence, diaries, calendars, recordings and 4 transcriptions 5 computers, photographs, diagrams, or any other writing, which 6 have been produced in discovery in this Proceeding by any Person, 7 and (ii) any copies, reproductions, or summaries of all or any part 8 of the foregoing. contracts, of communications, recordings, agreements, information telegrams, retrievable from 9 i. “Information” means the content of Documents or Testimony. 10 j. “Testimony” means all depositions, declarations or other testimony 11 12 taken or used in this Proceeding. 2. The Designating Party may designate as “Confidential” any Documents, 13 Testimony or Information that the Designating Party in good faith believes to contain 14 non-public information that is entitled to confidential treatment under applicable law. 15 3. The entry of this Protective Order does not alter, waive, modify, or 16 abridge any right, privilege or protection otherwise available to any Party with respect 17 to the discovery of matters, including but not limited to any Party’s right to assert the 18 attorney-client privilege, the attorney work product doctrine, or other privileges or 19 protections, or any Party’s right to contest any such assertion. 20 4. Any Documents, Testimony or Information to be designated as 21 “Confidential” must be clearly so designated before the Document, Testimony or 22 Information is Disclosed or produced. The “Confidential” designation should not 23 obscure or interfere with the legibility of the designated Information. 24 a. For Documents (apart from transcripts of depositions or other 25 pretrial or trial proceedings), the Designating Party must affix the 26 legend “Confidential” on each page of any Document containing 27 such designated Confidential Material. 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 3. Case No. 2:17-cv-2848 JAK (JPRx) 1 b. 2 For Testimony given in depositions the Designating Party may either: 3 i. identify on the record, before the close of the deposition, all 4 “Confidential” Testimony, by specifying all portions of the 5 Testimony that qualify as “Confidential;” or 6 ii. designate the entirety of the Testimony at the deposition as 7 “Confidential” (before the deposition is concluded) with the 8 right to identify more specific portions of the Testimony as to 9 which protection is sought within thirty (30) days following 10 receipt of the deposition transcript. In circumstances where 11 portions of the deposition Testimony are designated for 12 protection, the transcript pages containing “Confidential” 13 Information may be separately bound by the court reporter, 14 who must affix to the top of each page the legend 15 “Confidential,” as instructed by the Designating Party. 16 c. For Information produced in some form other than Documents, and 17 for any other tangible items, including, without limitation, compact 18 discs or DVDs, the Designating Party must affix in a prominent 19 place on the exterior of the container or containers in which the 20 Information or item is stored the legend “Confidential.” If only 21 portions of the Information or item warrant protection, the 22 Designating Party, to the extent practicable, shall identify the 23 “Confidential” portions. 24 5. The inadvertent production by any of the undersigned Parties or non- 25 Parties to the Proceedings of any Document, Testimony or Information during 26 discovery in this Proceeding without a “Confidential” designation, shall be without 27 prejudice to any claim that such item is “Confidential” and such Party shall not be 28 held to have waived any rights by such inadvertent production. In the event that any LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 4. Case No. 2:17-cv-2848 JAK (JPRx) 1 Document, Testimony or Information that is subject to a “Confidential” designation is 2 inadvertently produced without such designation, the Party that inadvertently 3 produced the document shall give written notice of such inadvertent production within 4 five (5) days of discovery of the inadvertent production (the “Inadvertent Production 5 Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received 6 the inadvertently produced Document, Testimony or Information shall use best efforts 7 to mark the Document, Testimony or Information “Confidential” and treat the 8 aforementioned as confidential. 9 inadvertent production of any Information protected by the attorney-client privilege or 10 work product protection. In the event that this provision conflicts with any applicable 11 law regarding waiver of confidentiality through the inadvertent production of 12 Documents, Testimony or Information, such law shall govern. 13 6. This provision is not intended to apply to any In the event counsel for a Party receiving Documents, Testimony or 14 Information in discovery designated as “Confidential” objects to such designation 15 with respect to any or all of such items, the parties shall meet and confer promptly and 16 in good faith. If the meet and confer process does not resolve the issue, then any Party 17 may challenge any documents designated “Confidential” by filing a discovery motion 18 in compliance with Local Civil Rule 37. Pending a resolution of the discovery motion 19 by the Court, any and all existing designations on the Documents, Testimony or 20 Information at issue in such Motion shall remain in place. The Designating Party 21 shall have the burden on any discovery motion of establishing the applicability of its 22 “Confidential” designation. 23 24 7. Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall be permitted only to the following persons: 25 a. the Parties; 26 b. counsel of record for the Parties, their partners and associates, and 27 staff and supporting personnel of such attorneys, such as paralegal 28 assistants, secretarial, stenographic and clerical employees and LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 5. Case No. 2:17-cv-2848 JAK (JPRx) 1 contractors, discovery vendors, and outside copying services, who 2 are working on this Proceeding under the direction of such 3 attorneys and to whom it is necessary that the Confidential 4 Materials be Disclosed for purposes of this Proceeding. 5 employees, assistants, contractors and agents to whom such access 6 is permitted and/or Disclosure is made shall, prior to such access or 7 Disclosure, be advised of, and become subject to, the provisions of 8 this Protective Order; 9 c. Such those officers, directors, partners, members, employees and agents 10 of all non-Designating Parties that counsel for such Parties deems 11 necessary to aid counsel in the prosecution and defense of this 12 Proceeding; provided, however, that prior to the Disclosure of 13 Confidential Materials to any such officer, director, partner, 14 member, employee or agent, counsel for the Party making the 15 Disclosure shall deliver a copy of this Protective Order to such 16 person and shall explain that such person is bound to follow the 17 terms of such Protective Order. 18 counsel, upon learning of any breach or threatened breach of this 19 Protective Order by any such individual, to promptly notify 20 counsel for the Designating Party of such breach or threatened 21 breach; 22 d. It shall be the obligation of retained experts or expert consultants consulted by the undersigned 23 Parties or their counsel in connection with the Proceeding, whether 24 or not retained to testify at any oral hearing; provided, however, 25 that prior to the Disclosure of Confidential Materials to any such 26 expert or expert consultant, counsel for the Party making the 27 Disclosure shall deliver a copy of this Protective Order to such 28 person, shall explain its terms to such person, and shall secure the LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 6. Case No. 2:17-cv-2848 JAK (JPRx) 1 signature of such person on a statement in the form attached hereto 2 as Exhibit A prior to the Disclosure of Confidential Materials. 3 Counsel for the Party making the Disclosure shall use best efforts 4 to maintain these written Certifications until the entry of judgment 5 or dismissal of the action. It shall be the obligation of counsel, 6 upon learning of any breach or threatened breach of this Protective 7 Order by any such expert or expert consultant, to promptly notify 8 counsel for the Designating Party of such breach or threatened 9 breach; 10 e. any person who authored, received, saw or was otherwise familiar 11 with a document or thing marked “Confidential,” including any 12 person otherwise familiar with the Confidential Information 13 contained therein, but only to the extent of that person’s prior 14 familiarity with the Confidential Information; 15 f. individuals whom any Party to this Proceeding intends to call as 16 witnesses at trial, provided that such Party reasonably believes that 17 the witness has information concerning the documents or 18 information; provided, however, that prior to the Disclosure of 19 Confidential Materials to any such expert or expert consultant, 20 counsel for the Party making the Disclosure shall deliver a copy of 21 this Protective Order to such person, shall explain its terms to such 22 person, and shall secure the signature of such person on a 23 statement in the form attached hereto as Exhibit A prior to the 24 Disclosure of Confidential Materials. It shall be the obligation of 25 counsel, upon learning of any breach or threatened breach of this 26 Order by any such expert or expert consultant, to promptly notify 27 counsel for the Designating Party of such breach or threatened 28 breach; LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 7. Case No. 2:17-cv-2848 JAK (JPRx) 1 g. 2 court reporters in this Proceeding (whether at depositions, hearings, trial or any other proceeding); 3 h. the Court; and 4 i. any other person to whom the Designating Party agrees in writing. 5 8. Confidential Materials shall be used by the persons receiving them only 6 for the purposes of preparing for, conducting, participating in the conduct of, and/or 7 prosecuting and/or defending the Proceeding, and not for any business or other 8 purpose whatsoever. 9 9. Any Party to the Proceeding (or other person subject to the terms of this 10 Protective Order) may ask the Court under Local Rule 37, after appropriate notice to 11 the other Parties to the Proceeding, to modify or grant relief from any provision of this 12 Protective Order. 13 10. Entering into, agreeing to, and/or complying with the terms of this 14 Protective Order shall not: 15 a. operate as an admission by any person that any particular 16 Document, Testimony or Information marked “Confidential” 17 contains or reflects trade secrets, proprietary, confidential or 18 competitively sensitive business, commercial, financial or personal 19 information; or 20 21 22 b. prejudice in any way the right of any Party (or any other person subject to the terms of this Protective Order): i. to seek a determination by the Court of whether any 23 particular Confidential Material should be subject to 24 protection as “Confidential” under the terms of this 25 Protective Order; or 26 27 ii. to seek relief from the Court on appropriate notice to all other Parties to the Proceeding from any provision(s) of this 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 8. Case No. 2:17-cv-2848 JAK (JPRx) 1 Protective Order, either generally or as to any particular 2 Document, Material or Information. 3 11. Any Information that may be produced by a non-Party witness in 4 discovery in the Proceeding pursuant to subpoena or otherwise may be designated by 5 such non-Party as “Confidential” under the terms of this Protective Order, and any 6 such designation by a non-Party shall have the same force and effect, and create the 7 same duties and obligations, as if made by one of the Parties hereto. Any such 8 designation shall also function as a consent by such producing non-Party to the 9 authority of the Court in the Proceeding to resolve and conclusively determine any 10 motion or other application made by any person or Party with respect to such 11 designation, or any other matter otherwise arising under this Protective Order. 12 12. If any person subject to this Protective Order who has custody of any 13 Confidential Materials receives a subpoena or other process (“Subpoena”) from any 14 government or other person or entity demanding production of Confidential Materials, 15 the recipient of the Subpoena shall promptly give notice of the same by electronic 16 mail to counsel of record for the Designating Party, and shall furnish such counsel 17 with a copy of the Subpoena unless prohibited by law. Upon receipt of this notice, the 18 Designating Party may, in its sole discretion and at its own cost, move to quash or 19 limit the Subpoena, otherwise oppose production of the Confidential Materials, and/or 20 seek to obtain confidential treatment of such Confidential Materials from the 21 subpoenaing person or entity to the fullest extent available under law. The recipient 22 of the Subpoena may not produce any Documents, Testimony or Information pursuant 23 to the Subpoena prior to the date specified for production on the Subpoena unless a 24 Court so orders. 25 13. Nothing in this Protective Order shall be construed to preclude any Party 26 from asserting in good faith that certain Confidential Materials require additional 27 protection. 28 additional protection. LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 The Parties shall meet and confer to agree upon the terms of such ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 9. Case No. 2:17-cv-2848 JAK (JPRx) 1 14. This Protective Order is also designed to foreclose any arguments that the 2 disclosure or production of Documents subject to a legally recognized claim of 3 privilege, including without limitation the attorney-client privilege, work product 4 doctrine, or other applicable privilege or protection: 5 a. Was not inadvertent by the Producing Party; 6 b. That the Producing Party did not take reasonable steps to prevent 7 the disclosure of privileged Documents; 8 c. 9 rectify such disclosure; and/or 10 d. 11 12 That the Producing Party did not take reasonable or timely steps to That such disclosure acts as a waiver of applicable privileges or protections associated with such Documents. 15. Privileged and otherwise protected documents and electronically stored 13 information that are produced during the course of this litigation, whether pursuant to 14 a court order, a Party’s discovery request, or informal production, shall, in the event of 15 any claim of waiver (including as against third parties), be governed as follows unless 16 the Court orders otherwise: 17 a. The Disclosure or production of documents, data or information 18 (including, without limitation, metadata) by a Party subject to a 19 legally recognized claim of privilege, including without limitation 20 the attorney-client privilege and work product doctrine, to a 21 Receiving Party, shall in no way constitute the voluntary disclosure 22 of such document, data or information. 23 b. The inadvertent disclosure or production of documents, data, or 24 information (including, without limitation, metadata) by a 25 Producing Party, shall not result in the waiver of any privilege, 26 evidentiary protection or other protection associated with such 27 document, data or information as to the Receiving Party, or any 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 10. Case No. 2:17-cv-2848 JAK (JPRx) 1 third parties, and shall not result in any waiver, including subject 2 matter waiver, of any kind. 3 c. If, during the course of this litigation, a Party determines that any 4 document, data or information (including, without limitation, 5 metadata) produced by a Party is on its face subject to a legally 6 recognizable privilege, immunity, evidentiary protection or other 7 right not to produce such information (“Protected Document”), the 8 Receiving Party shall refrain from reading the Protected Document 9 any more closely than is necessary to ascertain that it is privileged 10 or otherwise protected from disclosure, immediately notify the 11 Producing Party in writing that it has discovered documents, data 12 and/or information believed to be privileged, immune or otherwise 13 not subject to production, identify the Protected Documents by 14 bates number range or hash value range, and return, sequester, or 15 destroy all copies of such Protected Documents, along with any 16 notes, abstracts or compilations of the content thereof, within five 17 (5) court days of discovery by the Receiving Party. To the extent 18 that a Protected Document has been loaded into a litigation review 19 database under the control of the Receiving Party, the Receiving 20 Party shall have all electronic copies of the Protected Document 21 extracted from the database. Where such Protected Documents 22 cannot be destroyed or separated, they shall not be reviewed, 23 disclosed, 24 Notwithstanding, the Receiving Party is under no obligation to 25 search or review the Producing Party’s documents, data or 26 information to identify potentially privileged, protected, or work 27 product Protected Document. or otherwise used by the Receiving Party. 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 11. Case No. 2:17-cv-2848 JAK (JPRx) 1 d. If the Producing Party intends to assert a claim of privilege or other 2 protection over documents, data or information identified by the 3 Receiving Party as Protected Documents, the Producing Party will 4 provide the Receiving Party with a log for such Protected 5 Documents that is consistent with the requirements of the Federal 6 Rules of Civil Procedure, setting forth the basis for the claim of 7 privilege, immunity or basis for non-disclosure, and in the event 8 that any portion of a Protected Document does not contain 9 privileged or protected information, the Producing Party shall also 10 provide to the Receiving Party a redacted copy of the document, 11 data or information that omits the information that the Producing 12 Party believes is subject to a claim of privilege, immunity or other 13 protection. 14 e. If, during the course of this litigation, a Party determines it has 15 produced a Protected Document, the Producing Party may notify 16 the Receiving Party of such inadvertent production in writing. 17 Such notice shall be in writing; however, it may be delivered orally 18 on the record at a deposition, promptly followed up in writing. 19 The Producing Party’s written notice will identify the Protected 20 Document inadvertently produced by bates number range or hash 21 value range, the privilege or protection claimed, and the basis for 22 the assertion of the privilege and shall provide the Receiving Party 23 with a log for such Protected Document that is consistent with the 24 requirements of the Federal Rules of Civil Procedure, setting forth 25 the basis for the claim of privilege, immunity or basis for non- 26 disclosure, and in the event any portion of the Protected Document 27 does not contain privileged or protected information, the Producing 28 Party shall also provide to the Receiving Party a redacted copy of LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 12. Case No. 2:17-cv-2848 JAK (JPRx) 1 the document, data or information that omits the information that 2 the Producing Party believes is subject to a claim of privilege, 3 immunity or other protection. 4 demand the return of the inadvertently produced Protected 5 Document. 6 Receiving Party must, within five (5) court days of receiving the 7 written notification, return, sequester, or destroy the specified 8 Protected Document and any copies, along with any notes, 9 abstracts or compilations of the content thereof, and to the extent 10 that a Protected Document has been loaded into a litigation review 11 database under the control of the Receiving Party, the Receiving 12 Party shall have all electronic copies of the Protected Document 13 extracted from the database. 14 f. The Producing Party will also After receiving such written notification, the To the extent that the information contained in a Protected 15 Document has already been used in or described in other 16 documents generated or maintained by the Receiving Party prior to 17 the date of receipt of the written notice by the Producing Party as 18 set forth in paragraphs (c) and (e), then the Receiving Party shall 19 sequester such documents until the claim has been resolved. If the 20 Receiving Party disclosed the Protected Document before being 21 notified of its inadvertent production, it must take reasonable steps 22 to retrieve it. 23 g. A Receiving Party’s return, sequestering or destruction of such 24 Protected Documents as provided herein will not act as a waiver of 25 the Receiving Party’s right to move for the production of the 26 returned, sequestered or destroyed documents, data and/or 27 information on grounds the documents, data and/or information are 28 not in fact subject to a viable claim of privilege or other protection. LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 13. Case No. 2:17-cv-2848 JAK (JPRx) 1 However, the Receiving Party is prohibited and estopped from 2 arguing that the Producing Party’s production of the Protected 3 Documents in this matter acts as a waiver of applicable privileges 4 or protections, that the disclosure of the Protected Documents by 5 the Producing Party was not inadvertent, that the Producing Party 6 did not take reasonable steps to prevent the disclosure of the 7 Protected Documents, and/or that the Producing Party did not take 8 reasonable steps to rectify such disclosure. 9 h. Any Party may submit Protected Documents to the Court under 10 seal in compliance with Local Rule 79-5 for a determination of the 11 claim of privilege or other protection. The Producing Party shall 12 preserve the Protected Documents until such claim is resolved. 13 The Receiving Party may not use the Protected Documents for any 14 purpose absent this Court’s order. 15 i. Upon a determination by the Court that the Protected Documents 16 are protected by the applicable privilege or evidentiary protection, 17 and if the Protected Documents have been sequestered rather than 18 returned or destroyed by the Receiving Party, the Protected 19 Documents shall be returned or destroyed within five (5) court 20 days of the Court’s order. 21 identification by the Receiving Party of Protected Documents by 22 search terms or other means. 23 j. The Court may also order the Nothing contained herein is intended to, or shall serve to limit a 24 Party’s right to conduct a review of documents, data (including 25 electronically stored information) and other information, including 26 without limitation, metadata, for relevance, responsiveness and/or 27 the segregation of privileged and/or protected information before 28 such information is produced to another party. LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 14. Case No. 2:17-cv-2848 JAK (JPRx) 1 16. If, after entrance of this Protective Order, any Confidential Materials 2 submitted by a Designating Party under the terms of this Protective Order is Disclosed 3 by a non-Designating Party to any person other than in the manner authorized by this 4 Protective Order, the non-Designating Party responsible for the Disclosure shall bring 5 all pertinent facts relating to the Disclosure of such Confidential Materials to the 6 immediate attention of the Designating Party. 7 17. This Protective Order is entered into without prejudice to the right of any 8 Party to knowingly waive the applicability of this Protective Order to any Confidential 9 Materials designated by that Party. If the Designating Party uses Confidential 10 Materials in a non-Confidential manner, then the Designating Party shall advise that 11 the designation no longer applies. 12 18. The Parties shall meet and confer regarding the procedures for use of 13 Confidential Materials at trial and shall move the Court for entry of an appropriate 14 order. 15 19. Nothing in this Protective Order shall affect the admissibility into 16 evidence of Confidential Materials, or abridge the rights of any person to seek judicial 17 review or to pursue other appropriate judicial action with respect to any ruling made 18 by the Court concerning the issue of the status of Protected Material. 19 20. This Protective Order shall continue to be binding after the conclusion of 20 this Proceeding and all subsequent proceedings arising from this Proceeding, except 21 that a Party may seek the written permission of the Designating Party or may move 22 the Court for relief from the provisions of this Protective Order. To the extent 23 permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider 24 this Protective Order, even after the Proceeding is terminated. 25 21. Upon written request made within thirty (30) days after settlement or the 26 time for appeal after the termination of the Proceeding has expired, the undersigned 27 Parties shall have thirty (30) days to either (a) promptly return to counsel for each 28 Designating Party all Confidential Materials and all copies thereof (except that LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 15. Case No. 2:17-cv-2848 JAK (JPRx) 1 counsel for each Party may maintain in its files, in continuing compliance with the 2 terms of this Protective Order, all work product, and one copy of each pleading filed 3 with the Court and one copy of each deposition together with the exhibits marked at 4 the deposition) at the Designating Party’s written request, (b) agree with counsel for 5 the Designating Party upon appropriate methods and certification of destruction or 6 other disposition of such Confidential Materials, or (c) as to any Documents, 7 Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a 8 motion under Local Rule 37 seeking a Court order regarding proper preservation of 9 such Materials. To the extent permitted by law the Court shall retain continuing 10 jurisdiction to review and rule upon the motion referred to in sub-paragraph (c) herein. 11 22. No document shall be filed under seal unless counsel secures a court 12 order allowing the filing of a document, or portion thereof, under seal. Any Party 13 seeking to file documents under seal shall apply to do so, in accordance with Local 14 Civil Rule 79-5 and Judge Kronstadt’s or Judge Rosenbluth’s practices and 15 procedures, available on the Court’s website. 16 23. This Protective Order is subject to modification by stipulation of the 17 Parties. However, no stipulated modification of the Protective Order will have the 18 force or effect of a Court order without the Court’s prior approval. The Court may 19 modify the terms and conditions of this Protective Order on its own order at any time 20 in these proceedings. The Parties request that the Court provide them with notice of 21 the Court’s intent to modify the Protective Order and the content of those 22 modifications, prior to incorporation of such modifications. 23 24 Dated: July 31, 2017 HON. JEAN P. ROSENBLUTH UNITED STATES MAGISTRATE JUDGE 25 26 27 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 16. Case No. 2:17-cv-2848 JAK (JPRx) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 17. Case No. 2:17-cv-2848 JAK (JPRx) 1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I, _________________________________[NAME], 4 _________________________________________ [POSITION AND EMPLOYER], 5 am about to receive Confidential Materials supplied in connection with the 6 Proceeding, Case No. 17-cv-2848-JAK-(JPRx). I certify that I understand that the 7 Confidential Materials are provided to me subject to the terms and restrictions of the 8 Protective Order filed in this Proceeding. I have been given a copy of the Protective 9 Order; I have read it, and I agree to be bound by its terms. 10 I understand that Confidential Materials, as defined in the Protective Order, 11 including any notes or other records that may be made regarding any such materials, 12 shall not be Disclosed to anyone except as expressly permitted by the Protective 13 Order. I will not copy or use, except solely for the purposes of this Proceeding, any 14 Confidential Materials obtained pursuant to this Protective Order, except as provided 15 therein or otherwise ordered by the Court in the Proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials 17 provided to me in the Proceeding in a secure manner, and that all copies of such 18 Confidential Materials are to remain in my personal custody until termination of my 19 participation in this Proceeding, whereupon the copies of such Confidential Materials 20 will be returned to counsel who provided me with such Confidential Materials. 21 I declare under penalty of perjury, under the laws of the State of California, that 22 the foregoing is true and correct. 23 Dated: ________________________ By: ______________________________ Signature _________________________________ Title _________________________________ Address _________________________________ Telephone Number 24 25 26 27 28 LITTLER MENDELSON, P.C. 501 W. Broadway Suite 900 San Diego, CA 92101.3577 619.232.0441 ORDER GRANTING JOINT STIPULATION FOR PROTECTIVE ORDER 18. Case No. 2:17-cv-2848 JAK (JPRx)

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