Omar v. Hendrick Co Automotive, LLC, No. 3:2013cv02364 - Document 11 (N.D. Cal. 2013)

Court Description: ORDER GRANTING STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael M. Cousins on 7/26/2013. (nclc2, COURT STAFF) (Filed on 7/26/2013)

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Omar v. Hendrick Co Automotive, LLC Doc. 11 Case3:13-cv-02364-NC Document10 Filed07/25/13 Page1 of 13 1 2 3 4 5 6 Michael E. Cardoza, Esq., (SBN 52264) Jacqueline C. Fagerlin, Esq. (SBN 187732) Tiffany K. O’Connor, Esq. (SBN 232507) THE CARDOZA LAW OFFICES, INC. 1220 Oakland Blvd., Suite 200 Walnut Creek, California 94596 Telephone: (925) 274-2900 Facsimile: (925) 274-2910 email: tiffany@cardolaw.com Attorneys for Plaintiff WALID OMAR 7 8 9 10 11 12 ANNE-MARIE WAGGONER, Bar No. 173407 awaggoner@littler.com PHILIP A. SIMPKINS, Bar No. 246635 pasimpkins@littler.com LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, California 94597 Telephone: 925.932.2468 Facsimile: 925.946.9809 13 14 Attorneys for Defendant HENDRICK CO AUTOMOTIVE, LLC 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 WALID OMAR, an individual, Case No. 3:13-cv-02364-NC 20 Plaintiff, STIPULATED PROTECTIVE ORDER 21 v. 22 23 HENDRICK CO AUTOMOTIVE, LLC, dba CONCORD WEST AUTOMOTIVE; and DOES 1 to 50 Inclusive, 24 Defendants. 25 26 \\\ 27 \\\ 28 \\\ LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER (No. 3:13-cv-02364-NC ) Dockets.Justia.com Case3:13-cv-02364-NC Document10 Filed07/25/13 Page2 of 13 1 1. 2 PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6 Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords from public disclosure and use 8 extends only to the limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 10 this Stipulated Protective Order does not entitle them to file confidential information under seal; 11 Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and the 12 standards that will be applied when a party seeks permission from the court to file material under 13 seal. 14 2. 15 16 17 DEFINITIONS 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 of how it is 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 Civil Procedure 26(c) or California law. 20 21 22 23 24 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 information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 25 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 26 transcripts, and tangible things), that are produced or generated in disclosures or responses to 27 discovery in this matter. 28 LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to STIPULATED PROTECTIVE ORDER 2. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page3 of 13 1 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 2 consultant in this action. 3 4 2.7 Counsel does not include Outside Counsel of Record or any other outside counsel. 5 6 House Counsel: attorneys who are employees of a party to this action. House 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action 8 but are retained to represent or advise a party to this action and have appeared in this action on 9 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 10 11 2.10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 12 13 Party: any party to this action, including all of its officers, directors, employees, 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 14 2.12 Professional Vendors: persons or entities that provide litigation support services 15 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 16 storing, or retrieving data in any form or medium) and their employees and subcontractors. 17 18 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 19 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 20 Producing Party. 21 3. 22 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 23 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 24 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 25 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 26 However, the protections conferred by this Stipulation and Order do not cover the following 27 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 28 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 3. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page4 of 13 1 publication not involving a violation of this Order, including becoming part of the public record 2 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 3 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 5 Protected Material at trial shall be governed by a separate agreement or order. 6 4. 7 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this 8 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 9 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 10 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 11 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 12 time limits for filing any motions or applications for extension of time pursuant to applicable law. 13 5. 14 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 15 Non-Party that designates information or items for protection under this Order must take care to 16 limit any such designation to specific material that qualifies under the appropriate standards. The 17 Designating Party must designate for protection only those parts of material, documents, items, or 18 oral or written communications that qualify – so that other portions of the material, documents, 19 items, or communications for which protection is not warranted are not swept unjustifiably within 20 the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 22 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 23 encumber or retard the case development process or to impose unnecessary expenses and burdens on 24 other parties) expose the Designating Party to sanctions. 25 If it comes to a Designating Party’s attention that information or items that it designated for 26 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 27 that it is withdrawing the mistaken designation. 28 LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 4. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page5 of 13 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 6 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but 7 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 8 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 9 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 10 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 11 A Party or Non-Party that makes original documents or materials available for inspection need not 12 designate them for protection until after the inspecting Party has indicated which material it would 13 like copied and produced. During the inspection and before the designation, all of the material made 14 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 15 identified the documents it wants copied and produced, the Producing Party must determine which 16 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 17 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 18 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 19 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 20 appropriate markings in the margins). 21 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 22 Designating Party identify on the record, before the close of the deposition, hearing, or other 23 proceeding, all protected testimony. 24 (c) for information produced in some form other than documentary and for any other 25 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 26 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 27 portion or portions of the information or item warrant protection, the Producing Party, to the extent 28 practicable, shall identify the protected portion(s). LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 5. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page6 of 13 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 2 designate qualified information or items does not, standing alone, waive the Designating Party’s 3 right to secure protection under this Order for such material. Upon timely correction of a 4 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 5 accordance with the provisions of this Order. 6 6. 7 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 8 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 9 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 10 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 11 confidentiality designation by electing not to mount a challenge promptly after the original 12 designation is disclosed. 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 14 by providing written notice of each designation it is challenging and describing the basis for each 15 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 16 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 17 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 18 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 19 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 20 Party must explain the basis for its belief that the confidentiality designation was not proper and 21 must give the Designating Party an opportunity to review the designated material, to reconsider the 22 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 23 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 24 has engaged in this meet and confer process first or establishes that the Designating Party is 25 unwilling to participate in the meet and confer process in a timely manner. 26 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 27 intervention, the Challenging Party shall file and serve a motion challenging the Designating Party’s 28 confidentiality designation. Any motion brought pursuant to this provision must be accompanied by LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 6. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page7 of 13 1 a competent declaration affirming that the movant has complied with the meet and confer 2 requirements imposed by the preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating 4 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 5 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 6 All parties shall continue to afford the material in question the level of protection to which it is 7 entitled under the Producing and/or Designating Party’s designation until the court rules on the 8 challenge. 9 7. 10 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 11 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 12 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 13 the categories of persons and under the conditions described in this Order. When the litigation has 14 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 15 DISPOSITION). 16 17 18 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 19 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 20 information or item designated “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 22 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 23 this litigation; 24 (b) the officers, directors, and employees (including House Counsel but excluding 25 Outside Counsel of Record) of the Receiving Party to whom disclosure is reasonably necessary for 26 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 28 LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement STIPULATED PROTECTIVE ORDER 7. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page8 of 13 1 to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 4 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 7 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 8 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 9 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 10 bound by the court reporter and may not be disclosed to anyone except as permitted under this 11 Stipulated Protective Order. 12 (g) the author or recipient of a document containing the information or a custodian or 13 other person who otherwise possessed or knew the information. 14 8. 15 LITIGATION PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 16 If a Party is served with a subpoena or a court order issued in other litigation that compels 17 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 18 must: 19 20 21 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the 22 other litigation that some or all of the material covered by the subpoena or order is subject to this 23 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 24 25 26 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena 27 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 28 before a determination by the court from which the subpoena or order issued, unless the Party has LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 8. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page9 of 13 1 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 2 expense of seeking protection in that court of its confidential material – and nothing in these 3 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 4 disobey a lawful directive from another court. 5 9. 6 LITIGATION 7 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS (a) The terms of this Order are applicable to information produced by a Non-Party in this 8 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 9 connection with this litigation is protected by the remedies and relief provided by this Order. 10 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 11 protections. 12 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 13 Party’s confidential information in its possession, and the Party is subject to an agreement with the 14 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 16 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 18 this litigation, the relevant discovery request(s), and a reasonably specific description of the 19 information requested; and 20 (3) make the information requested available for inspection by the Non-Party. 21 (c) If the Non-Party fails to object or seek a protective order from this court within 14 22 days of receiving the notice and accompanying information, the Receiving Party may produce the 23 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 24 seeks a protective order, the Receiving Party shall not produce any information in its possession or 25 control that is subject to the confidentiality agreement with the Non-Party before a determination by 26 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 27 seeking protection in this court of its Protected Material. 28 10. LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL STIPULATED PROTECTIVE ORDER 9. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page10 of 13 1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 2 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 3 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 4 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 5 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 6 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 7 Be Bound” that is attached hereto as Exhibit A. 8 11. 9 MATERIAL INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 11 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 12 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 13 The Parties agree on the following procedures, in addition to the express requirements 14 of Rule 26(b)(5)(B), to assert claims of privilege or of work-product after production and ask that the 15 Court approve the same by entry of this Stipulated Protective Order: 16 (1) The inadvertent disclosure or production of any information or 17 document that is protected by the attorney-client privilege or work-product protection 18 will not be deemed to waive a Party’s claim to its privileged or protected nature or to 19 estop that Party or the privilege holder from designating the information or document 20 as attorney-client privileged or subject to the work product doctrine at a later date. 21 (2) In the event that the Receiving Party discovers that it has received 22 what it reasonably believes may be attorney-client privileged or work-product 23 protected information or documents, it will bring that fact to the attention of the 24 Producing Party immediately. 25 (3) Upon the request of the Producing Party, the Receiving Party will 26 return the information or documents to the producing party within five (5) business 27 days, including any copies that the Receiving Party may have made, regardless of 28 LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 10. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page11 of 13 1 whether the Receiving Party agrees with the claim of privilege and/or work-product 2 protection. 3 (4) Upon the request of the Producing Party, the Receiving Party will 4 promptly disclose the names of any individuals who have read or have had access to 5 the attorney-client privilege or work-product-protected document(s). 6 (5) No such inadvertently produced attorney-client privilege or work- 7 product-protected document may be used in evidence against the Producing Party, 8 unless ordered otherwise by the court after a hearing on a properly noticed motion. 9 This order shall be governed by Federal Rule of Evidence 502(d) and 502(e) and is entered 10 pursuant to Federal Rule of Civil Procedure 26(c)(1). 11 12. 12 13 14 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 15 no Party waives any right it otherwise would have to object to disclosing or producing any 16 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 17 Party waives any right to object on any ground to use in evidence of any of the material covered by 18 this Protective Order. 19 12.3 Filing Protected Material. Without written permission from the Designating Party or 20 a court order secured after appropriate notice to all interested persons, as specified above, a Party 21 may not file in the public record in this action any Protected Material. A Party that has not obtained 22 permission or a court order and who wishes to file any Protected Material must comply with Civil 23 Local Rule 79-5 and General Order 62. Protected Material may only be filed under seal pursuant to 24 a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil 25 Local Rule 79-5 and General Order 62, a sealing order will issue only upon a request establishing 26 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 27 protection under the law. If a Receiving Party's request to file Protected Material under seal 28 pursuant to Civil Local Rule 79-5(d) and General Order 62 is denied by the court, then the Receiving LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 11. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page12 of 13 1 Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) unless 2 otherwise instructed by the court. 3 13. 4 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 5 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 6 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 7 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 8 the Protected Material is returned or destroyed, the Receiving Party must submit a written 9 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 10 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 11 that was returned or 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 of the Protected 13 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 14 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 15 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 16 and expert work product, even if such materials contain Protected Material. Any such archival 17 copies that contain or constitute Protected Material remain subject to this Protective Order as set 18 forth in Section 4 (DURATION). 19 \\\ 20 \\\ 21 \\\ 22 \\\ 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 12. (No. 3:13-cv-02364-NC ) Case3:13-cv-02364-NC Document10 Filed07/25/13 Page13 of 13 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: July 24, 2013 4 5 /s/ Jacqueline C. Fagerlin Jacqueline C. Fagerlin CARDOZA LAW OFFICES, INC. Attorneys for Plaintiff Walid Omar 6 7 8 Dated: July 25, 2013 /s/ Philip A. Simpkins Anne-Marie Waggoner Philip A. Simpkins LITTLER MENDELSON, P.C. Attorneys for Defendant HENDRICK CO AUTOMOTIVE, LLC 9 10 11 12 Filer’s Attestation (Civil Local Rule 5.1): 13 I hereby attest that I have on file all holographic signatures corresponding to any signatures 14 indicated by a conformed signature (/S/) within this e-filed document. 15 16 17 Dated: July 25, 2013 /s/ Philip A. Simpkins Philip A. Simpkins 18 19 S IT I 24 NO RT thanael Judge Na 26 27 Firmwide:122164176.1 059940.1003 s A H ER M. Cousin LI 25 FO 23 July 26, 2013 DATED: ________________________ _____________________________________ Honorable Nathanael M. CousinsED RDER United States Magistrate Judge S SO O UNIT ED 22 RT U O 21 S DISTRICT TE C TA R NIA PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 N F D IS T IC T O R C 28 LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 925.932.2468 STIPULATED PROTECTIVE ORDER 13. (No. 3:13-cv-02364-NC )

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