Andrea Hernandez et al v. TriStar Products Inc et al, No. 2:2020cv07367 - Document 20 (C.D. Cal. 2021)

Court Description: ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 19 by Magistrate Judge Jean P. Rosenbluth. *NOTE: CHANGES MADE BY THE COURT.* (es)

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Andrea Hernandez et al v. TriStar Products Inc et al 1 2 3 4 5 6 7 8 Doc. 20 LISA GRUEN (SBN 116077) lgruen@goldbergsegalla.com ALEXANDRA B. ASCIONE (SBN 316499) aascione@goldbergsegalla.com GOLDBERG SEGALLA LLP 777 S. Figueroa Street, Suite 2000 Los Angeles, CA 90017-5818 NOTE: CHANGES MADE BY THE COURT Mailing Address: P.O. Box 17220 Los Angeles, CA 90017 Telephone: 213-415-7200 Facsimile: 213-415-7299 Attorneys for Defendants TRISTAR PRODUCTS, INC. and BED BATH & BEYOND 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 11 12 ANDREA C. HERNANDEZ AND ROGER A. HERNANDEZ, 13 Plaintiffs, GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 15 16 v. TRISTAR PRODUCTS, INC.; BED BATH & BEYOND; AND DOES 1 THROUGH 100, INCLUSIVE, 17 Defendants. Case No.: 2:20-CV-07367 MCS (JPRx) Judge: Hon. Mark C. Scarsi, Dept. 7C ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER Complaint Filed: 07/13/2020 Removed from State Court: 8/14/2020 18 19 20 1. INTRODUCTION 21 Plaintiffs, ANDREA C. HERNANDEZ AND ROGER A. HERNANDEZ, 22 and DEFENDANTS, TRISTAR PRODUCTS, INC. and BED BATH & BEYOND 23 (hereinafter “DEFENDANTS”), by and through their respective attorneys (referred 24 to collectively as “THE PARTIES”), hereby enter into the following 25 STIPULATION and PROTECTIVE ORDER (hereinafter “PROTECTIVE 26 ORDER”) concerning documents, materials and information to be produced by THE 27 PARTIES. DEFENDANT desires to maintain the confidentiality of the documents 28 and/or things itself as well as the confidentiality of the fact of their existence, their 1 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER Dockets.Justia.com GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 description and identity and their sum and substance. The parties, their attorneys, 2 their experts, and their agents have agreed to comply with the letter and intent of 3 such confidentiality. 4 1.1 PURPOSES AND LIMITATIONS 5 Specifically, the Parties to this action contemplate that discovery will involve 6 information and documents that contain personal medical and financial information, 7 trade secrets, proprietary or competitively sensitive financial and business 8 information, and other private or confidential information. The Parties request entry 9 of this Stipulation for Protective Order (“Protective Order”) to establish procedures 10 to enable the parties to obtain discovery of such information and documents; to 11 protect against public disclosure; and to promptly resolve disputes over 12 confidentiality. The Parties, through their counsel of record, stipulate as follows: 13 1.2 GOOD CAUSE STATEMENT 14 This Protective Order is warranted because certain documents, information, 15 records, and other DEFENDANTS materials contain proprietary or confidential 16 information which Defendants believe is entitled to be protected by a Court Order 17 against disclosure to competitors or to third persons for any purpose other than its 18 use in this specific litigation. Confidential Information derives value from not being 19 publicly known, and public disclosure could lead to serious and unwarranted injury. 20 “Confidential Information” refers to information that is private, confidential, or 21 proprietary, including, but not limited to, the following possible representative but 22 non-exclusive examples: 23 personally identifiable information 24 medical records 25 taxes and other financial records 26 accounting or financial statements (not including publicly available 27 28 financial statements) trade secrets 2 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER commercial, financial, pricing, budgeting, revenue, profit, or accounting 1 information 2 3 information about existing and potential customers 4 marketing studies and projections 5 business strategies, decisions, or negotiations 6 compensation, evaluations, and employment information 7 proprietary information about affiliates, parents, subsidiaries, and thirdparties with whom the parties have or have had business relationships 8 any other information whose disclosure could cause an invasion of 9 privacy or competitive business harm. GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 10 11 Such documents and other materials will be disclosed to the PLAINTIFF or 12 other parties subject to the stipulation that the use of such materials shall be limited 13 by the terms of this Protective Order. 14 2. 15 16 17 18 19 DEFINITIONS. 2.1 Action: This pending federal lawsuit named Hernandez, et al. v. Tristar Products, Inc. et al., filed under Case No.: 2:20-CV-07367 2.2 Challenging Party: a Party or Nonparty that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored, or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the 22 Good Cause Statement. 23 24 25 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Nonparty that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” 28 2.6 Disclosure or Discovery Material: all items or information, regardless 3 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 of the medium or manner in which it is generated, stored, or maintained (including, 2 among other things, testimony, transcripts, and tangible things), that are produced or 3 generated in disclosures or responses to discovery in this matter. 4 Expert: a person with specialized knowledge or experience in a matter 5 pertinent to the litigation who has been retained by a Party or its counsel to serve as 6 an expert witness or as a consultant in this action. 7 2.8 House Counsel: attorneys who are employees of a Party to this Action. 8 House Counsel does not include Outside Counsel of Record or any other outside 9 counsel. 10 11 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 2.7 2.9 Nonparty: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 12 2.10 Outside Counsel of Record: attorneys who are not employees of a Party 13 to this Action but are retained to represent or advise a Party and have appeared in this 14 Action on behalf of that Party or are affiliated with a law firm that has appeared on 15 behalf of that Party, including support staff. 16 2.11 Party: any Party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record (and their 18 support staffs). 19 20 2.12 Producing Party: a Party or Nonparty that produces Disclosure or Discovery Material in this Action. 21 2.13 Professional Vendors: persons or entities that provide litigation support 22 services (for example, photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) 24 and their employees and subcontractors. 25 2.14 Protected Material: 26 27 28 any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 4 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 2.16 Documents: GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 The term “documents” includes all information or 2 communications in any written or electronic form, regardless of format, and includes 3 visual depictions such as photographs and videos. 4 2.17 Attorneys’ Eyes Only: The label “Attorneys’ Eyes Only” shall be used 5 in the manner proscribed in subparagraph 7.2 below and means that the only 6 person(s) allowed to view information so labeled are counsel for the party who 7 requests the information, subject to subparagraph 7.1(a) below, or an expert or 8 consultant, subject to subparagraph 7.1(d) below. 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above) but also any information copied or extracted 12 from Protected Material; all copies, excerpts, summaries, or compilations of 13 Protected Material; and any testimony, conversations, or presentations by Parties or 14 their Counsel that might reveal Protected Material. Any use of Protected Material at trial will be governed by the orders of the trial 15 16 judge. This Order does not govern the use of Protected Material at trial. 17 4. DURATION 18 Once a case proceeds to trial, all the information that was designated as 19 confidential or maintained under this Order becomes public and will be 20 presumptively available to all members of the public, including the press, unless the 21 trial judge finds compelling reasons to proceed otherwise. See Kamakana v. City & 22 Cnty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good 23 cause” showing for sealing documents produced in discovery from “compelling 24 reasons” needed for merits-related documents). Accordingly, the terms of this Order 25 do not extend beyond the beginning of trial. 26 Even after final disposition of this litigation, the confidentiality obligations 27 imposed by this Order will remain in effect until a Designating Party agrees otherwise 28 in writing or a court order otherwise directs. Final disposition is the later of (1) 5 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 dismissal of all claims and defenses in this Action, with or without prejudice, or (2) 2 final judgment after the completion and exhaustion of all appeals, rehearings, 3 remands, trials, or reviews of this Action, including the time limits for filing any 4 motions or applications for extension of time under applicable law. 5 5. GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 6 DESIGNATING PROTECTED MATERIAL 5.1 Each Party or Nonparty 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 material, 11 documents, items, or communications for which protection is not warranted are not 12 swept unjustifiably within the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations 14 that are shown to be clearly unjustified or that have been made for an improper 15 purpose (for example, to unnecessarily encumber the case-development process or to 16 impose unnecessary expenses and burdens on other parties) may expose the 17 Designating Party to sanctions. 18 If it comes to a Designating Party’s attention that information or items it 19 designated for protection do not qualify for that level of protection, that Designating 20 Party must promptly notify all other Parties that it is withdrawing the inapplicable 21 designation. 22 5.2 Except as otherwise provided in this Order, Disclosure or Discovery 23 Material that qualifies for protection under this Order must be clearly so designated 24 before the material is disclosed or produced. 25 Designation in conformity with this Order requires the following: 26 (a) for information in documentary form (for example, paper or electronic 27 documents but excluding transcripts of depositions or other pretrial or trial 28 proceedings), the Producing Party must affix at a minimum the legend 6 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 2 or portions of the material on a page qualify for protection, the Producing Party must 3 clearly identify the protected portion(s) (for example, by making appropriate 4 markings in the margins). 5 A Party or Nonparty that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all material made available for inspection must be treated as 9 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 10 wants copied and produced, the Producing Party must determine which documents, 11 or portions thereof, qualify for protection under this Order. Then, before producing 12 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 13 legend to each page that contains Protected Material. If only a portion or portions of 14 the material on a page qualify for protection, the Producing Party also must clearly 15 identify the protected portion(s) (for example, by making appropriate markings in the 16 margins). 17 (b) for testimony given in depositions, the Designating Party must identify the 18 Disclosure or Discovery Material that is protected on the record, before the close of 19 the deposition. 20 (c) for information produced in some form other than documentary and for 21 any other tangible items, the Producing Party must affix in a prominent place on the 22 exterior of the container or containers in which the information is stored the legend 23 “CONFIDENTIAL.” If only a portion or portions of the information warrant 24 protection, the Producing Party, to the extent practicable, must identify the protected 25 portion(s). 26 5.3 If timely corrected, an inadvertent failure to designate qualified 27 information or items does not, standing alone, waive the Designating Party’s right to 28 secure protection under this Order for that material. On timely correction of a 7 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. 3 5.4 Good Faith Claims. All claims of confidentiality and objections to those 4 claims must be made under a good faith belief that the information satisfies (or, in 5 the case of objections, does not satisfy) the definition of Confidential Information. 6 5.6 Produced Documents. A party producing documents that it believes 7 constitute or contain Confidential Information shall label the documents with the 8 following legend or something substantially similar to clearly advise of the 9 confidential nature of the contents: 10 CONFIDENTIAL: Subject to Protective Order in Case No. 2:2011 CV-07367 MCS(JPRx) in the United States District Court, Central 12 District of California-Western Division GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 13 14 The label shall not obliterate or obscure the contents. If a document containing 15 Confidential Information is produced in native format, the file name shall contain the 16 term “Confidential Information” or otherwise clearly indicate that it contains 17 information subject to this Protective Order. If any person or party makes copies of 18 documents designated as containing Confidential Information, each copy must be 19 marked as containing Confidential Information in the same form as the original 20 document. 21 A party producing documents that are stored on data storage devices shall 22 designate the data storage device as containing Confidential Information, by labeling 23 the data storage device and files as described above. If the receiving party or other 24 persons or entities to whom disclosure is authorized under this Protective Order make 25 a copy of any data storage device designated by the producing party as containing 26 Confidential Information, the receiving party or other authorized person shall mark 27 each copy as containing Confidential Information in the same form as the notice on 28 the original data storage device. If the receiving party or other authorized person 8 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 prints or makes copies of the documents stored on such data storage device, each 2 page must be copied with the label specified in this section. 3 Counsel shall maintain all copies of said Protected Material as strictly 4 confidential and shall not show the copies or disclose information therein to any 5 person other than individuals who are assisting counsel in the preparation and 6 prosecution of this action alone, including expert witnesses, legal staff, and parties to 7 this litigation. Without further order from the Court, said Protected Material shall not 8 be disclosed for any purpose to any other individual, whether employed by a party to 9 this action or not, who is known to be associated in anyway with a competitor of 10 DEFENDANTS and/or any other DEFENDANTS’ entity, with the exception of any 11 expert who may be retained by any party for purposes of this case, provided his or 12 her identity and position has been disclosed and he or she has signed a non-disclosure 13 agreement in the form of Exhibit A attached to this Stipulation, prior to the disclosure 14 of any Protected Material. The Protected Material shall not be disclosed for any 15 purpose to any other individual who is not associated in any way to this litigation. 16 5.7 Interrogatory Answers. If a party answering an interrogatory believes 17 that its answer contains Confidential Information; it shall answer in a separate 18 document that is designated as Confidential Information. 19 5.8 Inspections of Documents. If the parties inspect documents rather than 20 produce copies, no designation of Confidential Information needs to be made before 21 the inspection. The party making documents available for inspection may designate 22 categories of documents that contain Confidential Information, and the information 23 contained in those documents shall be considered Confidential Information under this 24 Protective Order. If the inspecting party selects documents to be copied, the 25 producing party shall designate Confidential Information when the copies are 26 produced. 27 5.9 28 Deposition Transcripts. To the extent possible, testimony shall be designated confidential at the time it is given by deposition or otherwise, including 9 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 any videotape depositions. Any confidential exhibits referred to in a deposition shall 2 be noted as confidential in the record. The court reporter shall be advised of this 3 Protective Order and given a copy of this Protective Order to be included with any 4 transcript of the deposition. No person except those permitted access to Confidential 5 Information by this Protective Order can attend depositions when Confidential 6 Information is disclosed. Within 30 days after receiving a deposition transcript, a 7 party may inform the other parties if the transcript or portions of it are designated as 8 Confidential Information. If a party indicates at a deposition that the Confidential 9 Information has been disclosed in the deposition, the transcript in its entirety shall be 10 treated as Confidential Information for the 30 days. All persons and parties in 11 possession of a copy of a designated deposition transcript shall appropriately mark it 12 as containing Confidential Information. The confidential portion or portions, 13 including exhibits, of such transcript shall be subject fully to the terms and conditions 14 of this Protective Order. To the extent that such Protected Material has been or may 15 be in the future used in the taking of depositions, it shall remain subject to the 16 provisions of this Protective Order, and so shall the transcript pages of all deposition 17 testimony relating to said Protected Material. 18 5.10 Multipage Documents. A party may designate all pages of an 19 integrated, multipage document, including a deposition transcript and interrogatory 20 answers, as Confidential Information by placing the label specified in subparagraph 21 3.2 on the first page of the document. If a party wishes to designate only certain 22 portions of an integrated, multipage document as Confidential Information, it should 23 designate such portions immediately below the label on the first page of the document 24 and place the labels specified in subparagraph 3.2 on each page of the document 25 containing Confidential Information. 26 5.11 Handling of Original Documents. The originals of the above described 27 documents shall remain in the custody of Defendants or their counsel. All copies of 28 such material, however obtained, shall be subject to the terms of this Protective 10 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 Order. No additional copies of any of the Protected Material shall be made unless 2 pursuant to instructions by counsel in this litigation and unless counsel maintains a 3 strict accounting of each such copy. 4 6. 6.1 5 6 6.2 The Challenging Party must initiate the dispute-resolution process (and, if necessary, file a discovery motion) under Local Rule 37. 6.3 9 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 Any Party or Nonparty may challenge a designation of confidentiality at any time consistent with the Court’s scheduling order. 7 8 CHALLENGING CONFIDENTIALITY DESIGNATIONS The burden of persuasion in any such proceeding is on the Designating 10 Party. Frivolous challenges, and those made for an improper purpose (for example, 11 to harass or impose unnecessary expenses and burdens on other parties), may expose 12 the Challenging Party to sanctions. Unless the Designating Party has waived or 13 withdrawn the confidentiality designation, all parties must continue to afford the 14 material in question the level of protection to which it is entitled under the Producing 15 Party’s designation until the Court rules on the challenge. 16 7. 17 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 A Receiving Party may use Protected Material that is disclosed or 18 produced by another Party or by a Nonparty in connection with this Action only for 19 prosecuting, defending, or attempting to settle this Action. Such Protected Material 20 may be disclosed only to the categories of people and under the conditions described 21 in this Order. When the Action has been terminated, a Receiving Party must comply 22 with the provisions of Section 13 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a manner sufficiently secure to ensure that access is limited to the 25 people authorized under this Order. 26 7.2 Unless otherwise ordered by the Court or permitted in writing by the 27 Designating Party, a Receiving Party may disclose any information or item 28 designated “CONFIDENTIAL” only to the following people: 11 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 2 employees of that Outside Counsel of Record to whom it is reasonably necessary to 3 disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the 4 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the Court and its personnel; 9 10 (e) court reporters and their staff; 11 (f) 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or a 14 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 professional jury or trial consultants, mock jurors, and Professional 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses and attorneys for witnesses to whom 17 disclosure is reasonably necessary, provided that the deposing party requests that the 18 witness sign the form attached as Exhibit A hereto and the witnesses will not be 19 permitted to keep any confidential information unless they sign the form, unless 20 otherwise agreed by the Designating Party or ordered by the Court. Pages of 21 transcribed deposition testimony or exhibits to depositions that reveal Protected 22 Material may be separately bound by the court reporter and may not be disclosed to 23 anyone except as permitted under this Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, mutually 25 agreed on by any of the Parties engaged in settlement discussions or appointed by the 26 Court. 27 /// 28 /// 12 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 8. MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must (a) promptly notify in writing the Designating Party. Such notification must 6 7 include a copy of the subpoena or court order unless prohibited by law; 8 (b) promptly notify in writing the party who caused the subpoena or order to 9 issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification must include a copy of 11 this Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued 12 13 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 PROTECTED by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order should not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination on the protective-order request 17 by the relevant court unless the Party has obtained the Designating Party’s 18 permission. 19 protection of its Confidential Material, and nothing in these provisions should be 20 construed as authorizing or encouraging a Receiving Party in this Action to disobey 21 a lawful directive from another court. 22 9. The Designating Party bears the burden and expense of seeking A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 26 protected by the remedies and relief provided by this Order. Nothing in these 27 provisions should be construed as prohibiting a Nonparty from seeking additional 28 protections. 13 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 (b) In the event that a Party is required by a valid discovery request to produce 2 a Nonparty’s Confidential Information in its possession and the Party is subject to an 3 agreement with the Nonparty not to produce the Nonparty’s Confidential 4 Information, then the Party must 5 (1) promptly notify in writing the Requesting Party and the Nonparty that 6 some or all of the information requested is subject to a confidentiality agreement with 7 a Nonparty; 8 (2) promptly provide the Nonparty with a copy of this Order, the relevant 9 discovery request(s), and a reasonably specific description of the information 10 requested; and (3) make the information requested available for inspection by the Nonparty, 11 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 12 if requested. 13 (c) If the Nonparty fails to seek a protective order within 21 days of receiving 14 the notice and accompanying information, the Receiving Party may produce the 15 Nonparty’s Confidential Information responsive to the discovery request. If the 16 Nonparty timely seeks a protective order, the Receiving Party must not produce any 17 information in its possession or control that is subject to the confidentiality agreement 18 with the Nonparty before a ruling on the protective-order request. Absent a court 19 order to the contrary, the Nonparty must bear the burden and expense of seeking 20 protection of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Order, the Receiving Party must immediately notify the Designating Party in writing 25 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized copies 26 of the Protected Material, inform the person or people to whom unauthorized 27 disclosures were made of the terms of this Order, and ask that person or people to 28 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 14 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 as Exhibit A. 2 11. 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). 8 12. 10 MISCELLANEOUS 12.1 Nothing in this Order abridges the right of any person to seek its 9 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE modification by the Court. 11 12.2 By stipulating to the entry of this Order, no Party waives any right it 12 otherwise would have to object to disclosing or producing any information or item 13 on any ground not addressed in this Order. Similarly, no Party waives any right to 14 object on any ground to use in evidence of any of the material covered by this Order. 15 12.3 A Party that seeks to file under seal any Protected Material must comply 16 with Civil Local Rule 79-5. Protected Material may be filed under seal only pursuant 17 to a court order authorizing the sealing of the specific Protected Material at issue. If 18 a Party's request to file Protected Material under seal is denied, then the Receiving 19 Party may file the information in the public record unless otherwise instructed by the 20 Court. 21 13. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 4, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 24 all Protected Material to the Producing Party or destroy such material. As used in 25 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 26 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving 28 Party must submit a written certification to the Producing Party (and, if not the same 15 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 1 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 2 category, when appropriate) all the Protected Material that was returned or destroyed 3 and affirms that the Receiving Party has not retained any copies, abstracts, 4 compilations, summaries, or any other format reproducing or capturing any of the 5 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 6 archival copy of all pleadings; motion papers; trial, deposition, and hearing 7 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 8 reports; attorney work product; and consultant and expert work product even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Order as set forth in Section 4 11 (DURATION). 12 14. SANCTIONS 13 Any willful violation of this Order may be punished by civil or criminal 14 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 15 other appropriate action at the discretion of the Court. 16 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: March 29, 2021 GLICKMAN & GLICKMAN 18 And 19 LAW OFFICES OF DAVID POURATI 20 By: 21 David Pourati Attorney for Plaintiffs, ANDREA C. HERNANDEZ and ROGER A. HERNANDEZ 22 23 24 25 26 DATED: April 1 , 2021 GOLDBERG SEGALLA, LLP By: LISA P. GRUEN, ESQ. ALEXANDRA ASCIONE, ESQ. Attorneys for Defendant, TRISTAR PRODUCTS, INC. and BED BATH & BEYOND 27 28 16 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 ORDER 2 3 4 THE PARTIES’ STIPULATION ABOVE IS APPROVED AND THE TERMS THEREOF ARE ORDERED this 5th day of April 2021. 5 BY THE COURT: 6 7 8 Honorable Jean P. Rosenbluth 9 10 11 12 13 GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND GOLDBERG SEGALLA LLP P.O. Box 17220 Los Angeles, CA 90017 213-415-7200 3 4 I, _____________________________ [full name], of _________________ 5 [full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the U.S. District Court 7 for the Central District of California on [date] in the case of Hernandez, et al. v. 8 Tristar Products, Inc. et al., Case No.: 2:20-CV-07367. I agree to comply with and 9 to be bound by all terms of this Stipulated Protective Order, and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment, 11 including contempt. I solemnly promise that I will not disclose in any manner any 12 information or item that is subject to this Stipulated Protective Order to any person 13 or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the U.S. District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. 18 _______________________________________ [full address and telephone 19 number] as my California agent for service of process in connection with this action 20 or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: ______________________________________ 22 City and State where signed: _________________________________ I hereby appoint __________________________ [full name] of 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 18 [PROPOSED] ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER

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