Maurice Diarian v. First Transit, Inc., et al, No. 2:2020cv02957 - Document 19 (C.D. Cal. 2021)

Court Description: ORDER GRANTING PARTIES' STIPULATED PROTECTIVE ORDER 16 by Magistrate Judge Alexander F. MacKinnon. NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT See 3, 14. (es)

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Maurice Diarian v. First Transit, Inc., et al 1 2 3 4 5 6 7 Doc. 19 EDWIN PAIRAVI, Bar No. 257290 edwin@pairavilaw.com JOSHUA M. MOHRSAZ, Bar No. 307759 joshua@pairavilaw.com PAIRAVI LAW, P.C. 1875 Century Park East, Suite 480 Los Angeles, California 90067 Telephone: (310) 789-2063 Facsimile: (310) 789-2064 NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT See ¶¶ 3, 14 Attorneys for Plaintiff, MAURICE DIARIAN 8 9 10 11 12 13 14 RYAN L. EDDINGS, Bar No. 256519 reddings@littler.com VANESSA M. COHN, Bar No. 314619 vcohn@littler.com LITTLER MENDELSON, P.C. 5200 North Palm Avenue, Suite 302 Fresno, CA 93704.2225 Telephone: (559) 244-7500 Fax No.: (559) 244-7525 Attorneys for Defendant, FIRST TRANSIT, INC. 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 MAURICE DIARIAN, an Individual, 19 20 21 22 23 Plaintiff, v. Case No. 2:20-cv-02957-FMO (AFMx) [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER FIRST TRANSIT, INC., a Delaware Corporation; and DOES 1 through 50, inclusive, Defendants. 24 25 26 27 28 LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER Dockets.Justia.com 1 1. A. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than prosecuting 5 this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petition the court to enter the following Stipulated Protective Order. The parties 7 acknowledge that this Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords from public disclosure and use 9 extends only to those limited information or items that are entitled to confidential 10 treatment under the applicable legal principles. The parties further acknowledge that 11 this Order does not constitute waiver of any right, privilege, or objection with respect 12 to confidential, proprietary, or private information. The parties further acknowledge, 13 as set forth in Section 12.3 below, that this Stipulated Protective Order requires them 14 to file confidential information under seal; Local Rule 79-5 sets forth the procedures 15 that must be followed and the standards that will be applied when a party seeks 16 permission from the court to file materials under seal. 17 B. GOOD CAUSE STATEMENT 18 This action is likely to involve commercial, financial, proprietary, and/or 19 other private information for which special protection from public disclosure and from 20 use for any purpose other than prosecution of this action is warranted. Such 21 confidential, proprietary, and/or private materials and information consist of, among 22 other things, confidential business or financial information, information regarding 23 confidential business practices, or other confidential commercial information 24 (including information that could potentially implicate the privacy rights of non- 25 parties), information otherwise generally unavailable to the public, or which may be 26 privileged or otherwise protected from disclosure under state or federal statutes, court 27 rules, case decisions, or common law. Accordingly, to expedite the flow of 28 information, to facilitate the prompt resolution of disputes over confidentiality of LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 2. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 discovery materials, to adequately protect information the parties are entitled to keep 2 confidential, to ensure that the parties are permitted reasonable necessary uses of such 3 material in preparation for and in the conduct of trial, to address their handling at the 4 end of the litigation, and serve the ends of justice, a protective order for such 5 information is justified in this matter. It is the intent of the parties that information 6 will not be designated as confidential for tactical reasons and that nothing be so 7 designated without a good faith belief that it has been maintained in a confidential, 8 non-public manner, and there is good cause why it should not be part of the public 9 record of this case. 10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 11 SEAL 12 The parties further acknowledge, as set forth in Section 12.3, below, that 13 this Stipulated Protective Order does not entitle them to file confidential information 14 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 15 the standards that will be applied when a party seeks permission from the court to file 16 material under seal. 17 There is a strong presumption that the public has a right of access to 18 judicial proceedings and records in civil cases. In connection with non-dispositive 19 motions, good cause must be shown to support a filing under seal. See Kamakana v. 20 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 21 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 22 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 23 orders require good cause showing), and a specific showing of good cause or 24 compelling reasons with proper evidentiary support and legal justification, must be 25 made with respect to Protected Material that a party seeks to file under seal. The 26 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 27 does not—without the submission of competent evidence by declaration, establishing 28 that the material sought to be filed under seal qualifies as confidential, privileged, or LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 3. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 otherwise protectable—constitute good cause. 2 Further, if a party requests sealing related to a dispositive motion or trial, 3 then compelling reasons, not only good cause, for the sealing must be shown, and the 4 relief sought shall be narrowly tailored to serve the specific interest to be protected. 5 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 6 item or type of information, document, or thing sought to be filed or introduced under 7 seal in connection with a dispositive motion or trial, the party seeking protection must 8 articulate compelling reasons, supported by specific facts and legal justification, for 9 the requested sealing order. Again, competent evidence supporting the application to 10 file documents under seal must be provided by declaration. 11 Any document that is not confidential, privileged, or otherwise 12 protectable in its entirety will not be filed under seal if the confidential portions can be 13 redacted. If documents can be redacted, then a redacted version for public viewing, 14 omitting only the confidential, privileged, or otherwise protectable portions of the 15 document, shall be filed. Any application that seeks to file documents under seal in 16 their entirety should include an explanation of why redaction is not feasible. 17 2. 18 19 20 21 22 DEFINITIONS 2.0 Action: United States District Court, Central District of California Case No. 2:20-cv-02957-FMO (AFMx). 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless 23 of how it is generated, stored or maintained) or tangible things that qualify for 24 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 25 Good Cause Statement. For the purposes of this matter, Confidential Information also 26 includes any surveillance footage produced in this matter as well as personnel file of 27 third-parties, whether used in whole or in part. 28 LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 4. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 2 3 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates 4 information or items that it produces in disclosures or in responses to discovery as 5 “CONFIDENTIAL.” 6 2.5 Disclosure or Discovery Material: all items or information, 7 regardless of the medium or manner in which it is generated, stored, or maintained 8 (including, among other things, testimony, transcripts, and tangible things), that are 9 produced or generated in disclosures or responses to discovery in this matter. 10 2.6 Expert: a person with specialized knowledge or experience in a 11 matter pertinent to the litigation who has been retained by a Party or its counsel to 12 serve as an expert witness or as a consultant in this Action. 13 2.7 House Counsel: attorneys who are employees of a party to this 14 Action. House Counsel does not include Outside Counsel of Record or any other 15 outside counsel. 16 2.8 17 18 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action. 2.9 Outside Counsel of Record: attorneys who are not employees of a 19 party to this action but are retained to represent or advise a party to this Action and 20 have appeared in this Action on behalf of that party or are affiliated with or employed 21 by a law firm which has appeared on behalf of that party. 22 2.10 Party: any Party to this Action, including all of its officers, 23 directors, employees, consultants, retained experts, and Outside Counsel of Record 24 (and their support staffs). 25 26 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 27 2.12 Professional Vendors: persons or entities that provide litigation 28 support services (e.g., photocopying, videotaping, translating, preparing exhibits or LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 5. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is 3 4 designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery 5 6 Material from a Producing Party. 7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or extracted 10 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 11 Protected Material; and (3) any testimony, conversations, or presentations by Parties 12 or their Counsel that might reveal Protected Material. However, the protections 13 conferred by this Stipulation and Order do not cover the following information: (a) 14 any information that is in the public domain at the time of disclosure to a Receiving 15 Party or becomes part of the public domain after its disclosure to a Receiving Party as 16 a result of publication not involving a violation of this Order, including becoming part 17 of the public record through trial or otherwise; and (b) any information known to the 18 Receiving Party prior to the disclosure or obtained by the Receiving Party after the 19 disclosure from a source who obtained the information lawfully and under no 20 obligation of confidentiality to the Designating Party. Any use of Protected Material at 21 trial shall be governed by a separate agreement or order. This Order does not govern 22 the use of Protected Information at trial. 23 4. DURATION 24 Even after the final disposition of this litigation, the confidentiality 25 obligations imposed by this Order shall remain in effect until a Designating Party 26 agrees otherwise in writing or a court order directs otherwise. Final disposition shall 27 be deemed to be the later of (1) dismissal of all claims and defenses in this action, 28 with or without prejudice; and (2) final judgment herein after the completion and LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 6. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 2 including time limits for filing any motion or applications for extension of time 3 pursuant to applicable law. 4 5. 5 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Materials for 6 Protection. Each Party or Non-Party that designates information or items for 7 protection under this Order must take care to limit any such designation to specific 8 material that qualifies under the appropriate standards. The Designating Party must 9 designate for protection only those parts of material, documents, items, or oral or 10 written communications that qualify – so that other portions of the materials, 11 documents, items, or communications for which protection is not warranted are not 12 swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 13 designations are prohibited. Designations that are shown to be clearly unjustified or 14 that have been made for an improper purpose (e.g., to unnecessarily encumber the 15 case development process or to impose unnecessary expenses and burdens on other 16 parties) expose the Designating Party to sanctions. If it comes to a Designating Party’s 17 attention that information or items that it designated for protection do not qualify for 18 protection, that Designated Party must promptly notify all other Parties that it is 19 withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designation. Except as otherwise provided 21 in this Order (see, e.g., second paragraph of section 5.2(a) below) or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 28 page that contains protected materials. If only a portion or portions of the material on LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 7. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 a page qualifies for protection, the Producing Party also must clearly identify the 2 protected portions(s) (e.g., by making appropriate markings in the margins). A Party 3 or Non-Party that makes original documents or materials available for inspection need 4 not designate them for protection until after the inspecting Party has indicated which 5 material it would like copied and produced. During the inspection and before the 6 designation, all of the material made available for inspection shall be deemed 7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 8 copied and produced, the Producing Party must determine which documents, or 9 portions thereof, qualify for protection under this Order. Then, before producing the 10 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend 11 to each page that contains Protected Material. If only a portion of portions of the 12 material qualifies for protection, the Producing Party must clearly identify the 13 protected portion(s) (e.g., by making appropriate markings in the margins). (b) 14 for testimony given in deposition or in other pretrial or trial 15 proceedings, that the Designating Party identify on the record, before the close of the 16 deposition, hearing, or other proceeding, all protected testimony. (c) 17 for information produced in some form other than documentary 18 and for any other tangible items, that the Producing Party affix in a prominent place 19 on the exterior of the container or containers in which the information or item is stored 20 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 21 item warrant protection, the Producing Party, to the extent practicable, shall identify 22 the protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive the 25 Designating Party’s right to secure protection under this Order for such material. 26 Upon timely correction of a designation, the Receiving Party must make reasonable 27 efforts to assure that the material is treated in accordance with the provisions of this 28 Order. LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 8. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 3 Timing of Challenges. Any Party or Non-Party may challenge a 4 designation of confidentiality at any time. Unless a prompt challenge to a Designating 5 Party’s confidentiality designation is necessary to avoid foreseeable delay of the 6 litigation, a Party does not waive its right to challenge a confidentiality designation by 7 electing not to mount a challenge promptly after the original designation is disclosed. 6.2 8 9 resolution process under Local Rule 37-1 et seq. 10 11 Meet and Confer. The Challenging Party shall initiate the dispute 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37-2. 12 6.4 13 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper purpose 15 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 16 expose the Challenging Party to sanctions. Unless the Designating Party has waived 17 the confidentiality designation, all parties shall continue to afford the material in 18 question the level of protection to which it is entitled under the Designating Party’s 19 designation until the court rules on the challenge. 20 7. 21 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that it 22 disclosed or produced by another Party or by a Non-Party in connection with this case 23 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 24 Material may be disclosed only to the categories of persons and under the conditions 25 described in this Order. When the litigation has been terminated, a Receiving Party 26 must comply with the provisions of section 13 below (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by the Receiving Party 28 at a location and in a secure manner that ensures that access is limited to the persons LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 9. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 2 authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 3 otherwise ordered by the court or permitted in writing by the Designating Party, a 4 Receiving Party may disclose any information or item designated “CONFIDENTIAL” 5 only to: 6 (a) the Receiving Party’s Outside Counsel of Record in this action, as 7 well as employees of said Outside Counsel of Record to whom it is reasonably 8 necessary to disclose the information for this litigation; 9 (b) the officers, directors, and employees (including House Counsel) 10 of Receiving Party to whom it is reasonably necessary to disclose the information for 11 this litigation and who have signed the “Acknowledgement and Agreement to Be 12 Bound (Exhibit A); 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this litigation and who have signed the 15 “Acknowledgement and Agreement to Be Bound (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff, professional jury or trial consultants, 18 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 19 for this litigation and who have signed “Acknowledgement to Be Bound” (Exhibit A). 20 (f) during their depositions, witnesses in this action to whom it is 21 reasonably necessary to disclose the information for this litigation and who have 22 signed the “Acknowledgement to Be Bound” (Exhibit A). However, unless otherwise 23 agreed by the Designating Party or ordered by the court, pages of transcribed 24 deposition testimony or exhibits to depositions that reveal Protected Material must be 25 separately bound by the court reporter and may not be disclosed to anyone except as 26 permitted under this Stipulated Protective Order. 27 28 LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 4828-8017-6354.1 070993.1157 10. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 8. 2 IN OTHER LITIGATION PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 3 If a Party is served with a subpoena or a court order issued in other 4 litigation that compels disclosure of any information or items designated in this action 5 as “CONFIDENTIAL,” that Party must: (a) 6 7 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) 8 promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include a 11 copy of this Stipulated Protective Order; (c) 12 13 to the date of production indicated in the subpoena; and (d) 14 15 not produce any Protected Materials subject to the subpoena prior cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served 17 with the subpoena or court order shall not produce any information designated in this 18 action as “CONFIDENTIAL” before a determination by the court from which the 19 subpoena or order issued, unless the Party has obtained the Designating Party’s 20 permission. The Designating Party shall bear the burden and expense of seeking 21 protection in the court of its confidential material – and nothing in these provisions 22 should be construed as authorizing or encouraging a Receiving Party in this action to 23 disobey a lawful directive from another court. 24 9. 25 PRODUCED IN THIS LITIGATION 26 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by 27 a Non-Party in this action and designated as “CONFIDENTIAL.” Such information 28 produced by Non-Parties in connection with this litigation is protected by the LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 11. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 remedies and relief provided by this Order. Nothing in these provisions should be 2 construed as prohibiting a Non-Party from seeking additional protections. (b) 3 In the event that a Party is required, by a valid discovery request, 4 to produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: (1) 7 promptly notify in writing the Requesting Party and the Non-Party 8 that some or all of the information requested in subject to a confidentiality agreement 9 with a Non-Party; (2) 10 promptly provide the Non-Party with a copy of the Stipulated 11 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 12 specific description of the information requested; and 13 14 (3) make the information requested available for inspection by the (c) If the Non-Party fails to object or seek a protective order from this Non-Party. 15 16 court within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party’s confidential information responsive to 18 the discovery request. If the Non-Party timely seeks a protective order, the Receiving 19 Party shall not produce any information in its possession or control that is subject to 20 the confidentiality agreement with the Non-Party before a determination by the court. 21 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 22 of seeking protection in this court of its Protected Material. 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has 25 disclosed Protected Material to any person or in any circumstance not authorized 26 under this Stipulated Protective Order, the Receiving Party must immediately (a) 27 notify in writing the Designating Party of the unauthorized disclosures, (b) use its best 28 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 12. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 person or persons to whom authorized disclosures were made of all of the terms of 2 this Order, and (d) request such person or persons to execute the “Acknowledgement 3 and Agreement to Be Bound” that is attached hereto as Exhibit A. 4 11. 5 PROTECTED MATERIALS INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 When a Producing Party gives notice to a Receiving Party that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Party are those set forth in Federal Rules of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted to 15 the court. 16 12. 17 18 19 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its termination or modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right, privilege, or protection it otherwise would 21 have to object to disclosing or producing any information or item. Similarly, no Party 22 waives any right to object on any ground to use in evidence of any of the material 23 covered by this Protective Order. 24 12.3 Filing Protected Material. Protected Material must be filed under seal. 25 A Party that seeks to file under seal any Protected Material must comply with United 26 States District Court Central District of California Local Rule 79-5. 27 28 LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 13. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 13. FINAL DISPOSITION 2 Within 60 days after final disposition of this action, as defined in 3 paragraph 4, each Receiving Party must return all Protected Material to the Producing 4 Party or destroy such material. As used in this subdivision, “all Protected Material” 5 includes all copies, abstracts, compilations, summaries, and any other format 6 reproducing or capturing any of the Protected Material. 7 Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of the entire case file, including but not limited to all 15 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work product, 17 and consultant and expert work product, even if such materials contain Protected 18 Material. Any such archival copies that contain or constitute Protected Material 19 remain subject to this Protective Order as set forth in Section 4 (DURATION). 20 14. The Court retains the ability to remedy and/or punish violations of this Order. 21 22 PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 25 DATED: 3/26/2021 __________________________________ Alexander F. MacKinnon United States Magistrate Judge 4828-8017-6354.1 070993.1157 14. 26 27 28 LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 2 3 EXHIBIT A 4 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 5 6 I, _____________________ [print or type full name], of __________________ 7 [print or type full address], declare under the penalty of perjury that I have read in its 8 entirety and understand the Stipulated Protective Order that was issued by the United 9 States District Court for the Central District of California on [_____] in the case of 10 Maurice Diarian v. First Transit, Inc., U.S. District Court for the Central District of 11 California, Case No. 2:20-cv-02957-FMO (AFMx). I agree to comply with and to be 12 bound by all the terms of this Stipulated Protective Order and I understand and 13 acknowledge that failure to so comply could expose me to sanctions and punishment 14 in the nature of contempt. I solemnly promise that I will not disclose in any manner 15 any information or item that is subject to this Stipulated Protective Order to any 16 person or entity except in strict compliance with the provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District Court 18 for the Central District of California for the purpose of enforcing the terms of the 19 Stipulated Protective Order, even if such enforcement proceedings occur after the 20 termination of this action. 21 I hereby appoint _____________ [print or type full name] of ___________ 22 [print or type full address and telephone number] as my California agent for service of 23 process in connection with this action or any proceedings related to enforcement of 24 this Stipulated Protective Order. 25 26 Date: ___________________________________ 27 City and State Where Sworn and Signed: ____________________________ 28 Printed Name: ____________________________ LITTLER MENDELSON, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 15. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER 1 Signature: ____________________________ 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, DELSON, P.C P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 4828-8017-6354.1 070993.1157 16. [PROPOSED] ORDER GRANTING PARTIES’ STIPULATED PROTECTIVE ORDER

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