Sousa v. 7- Eleven, Inc., No. 3:2019cv02142 - Document 26 (S.D. Cal. 2021)

Court Description: ORDER Granting 24 Joint Motion for Protective Order. Signed by Magistrate Judge Barbara Lynn Major on 1/27/2021. (tcf)

Download PDF

Sousa v. 7- Eleven, Inc. Doc. 26 Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.259 Page 1 of 17 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR 8 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KARLA Y. SOUSA, on behalf of herself and all others similarly 12 situated, Plaintiff, 13 15 7- Eleven, Inc., 16 Defendant. 17 CLASS ACTION ORDER GRANTING JOINT MOTION FOR PROTECTIVE ORDER v. 14 Case No. 3:19-cv-02142 – JLS-BLM [ECF No. 24] Pursuant to the Court’s Order dated November 16, 2020, the Parties have 18 met and conferred and hereby jointly request entry of this Proposed Protective 19 Order by the Court. 20 1. PURPOSES AND LIMITATIONS 21 Disclosure and discovery activity in this action are likely to involve 22 production of confidential, proprietary, or private information for which special 23 protection from public disclosure and from use for any purpose other than 24 prosecuting this litigation may be warranted. Accordingly, the parties hereby 25 stipulate to and petition the Court to enter the following Stipulated Protective 26 Order. The parties acknowledge that this Order does not confer blanket protections 27 on all disclosures or responses to discovery and that the protection it affords from 28 Joint [Proposed] Protective Order No. 3:19-cv-02142-JLS(BLM) Dockets.Justia.com Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.260 Page 2 of 17 1 public disclosure and use extends only to the limited information or items that are 2 entitled to confidential treatment under the applicable legal principles. The Parties 3 understand that nothing in this Stipulated Protective Order changes, amends, or 4 circumvents any court rule or local rule. 5 2. DEFINITIONS 6 2.1 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 2.2 “CONFIDENTIAL” Information or Items: information (regardless 9 of how it is generated, stored or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c). 11 2.3 Counsel (without qualifier): Outside Counsel of Record and House 12 Counsel (as well as their support staff). 13 2.4 Designating Party: a Party or Non-Party that designates information 14 or items that it produces in disclosures or in responses to discovery as 15 “CONFIDENTIAL.” 16 2.5 Disclosure or Discovery Material: all items or information, 17 regardless of the medium or manner in which it is generated, stored, or maintained 18 (including, among other things, testimony, transcripts, and tangible things), that are 19 produced or generated in disclosures or responses to discovery in this matter. 20 2.6 Expert: a person with specialized knowledge or experience in a 21 matter pertinent to the litigation who has been retained by a Party or its counsel to 22 serve as an expert witness or as a consultant in this action. 23 2.7 House Counsel: attorneys who are employees of a party to this 24 action. House Counsel does not include Outside Counsel of Record or any other 25 outside counsel. 26 2.8 Non-Party: any natural person, partnership, corporation, association, 27 or other legal entity not named as a Party to this action. 28 2.09 Outside Counsel of Record: attorneys who are not employees of a Joint [Proposed] Protective Order 2 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.261 Page 3 of 17 1 party to this action but are retained to represent or advise a party to this action and 2 have appeared in this action on behalf of that party or are affiliated with a law firm 3 which has appeared on behalf of that party. 2.10 Party: any party to this action, including all of its officers, directors, 4 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 7 8 Discovery Material in this action. 2.12 Professional Vendors: persons or entities that provide litigation 9 10 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 11 demonstrations, and organizing, storing, or retrieving data in any form or medium) 12 and their employees and subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is 13 14 designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery 15 16 Material from, e.g., a Producing Party. 17 3. SCOPE 18 The protections conferred by this Stipulation and Order cover not only 19 Protected Material (as defined above), but also (1) any information copied or 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 However, the protections conferred by this Stipulation and Order do not cover the 24 following information: (a) any information that is in the public domain at the time 25 of disclosure to a Receiving Party or becomes part of the public domain after its 26 disclosure to a Receiving Party as a result of publication not involving a violation 27 of this Order, including becoming part of the public record through trial or 28 otherwise; and (b) any information known to the Receiving Party prior to the Joint [Proposed] Protective Order 3 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.262 Page 4 of 17 1 disclosure or obtained by the Receiving Party after the disclosure from a source 2 who obtained the information lawfully and under no obligation of confidentiality to 3 the Designating Party. Any use of Protected Material at trial shall be governed by a 4 separate agreement or order. 5 4. DURATION 6 Even after final disposition of this litigation, the confidentiality obligations 7 imposed by this Order shall remain in effect until a Designating Party agrees 8 otherwise in writing or a Court Order otherwise directs. Final disposition shall be 9 deemed to be the later of (1) dismissal of all claims and defenses in this action, 10 with or without prejudice; and (2) final judgment herein after the completion and 11 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 12 including the time limits for filing any motions or applications for extension of 13 time pursuant to applicable law. Continuing Jurisdiction: The Court shall retain jurisdiction for a period of 14 15 one (1) year after the conclusion of this action to enforce the terms of the 16 Protective Order. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for 19 Protection. Each Party or Non-Party that designates information or items for 20 protection under this Order must take care to limit any such designation to specific 21 material that qualifies under the appropriate standards. The Designating Party must 22 designate for protection only those parts of material, documents, items, or oral or 23 written communications that qualify – so that other portions of the material, 24 documents, items, or communications for which protection is not warranted are not 25 swept unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. 27 If it comes to a Designating Party’s attention that information or items that it 28 designated for protection do not qualify for protection, that Designating Party must Joint [Proposed] Protective Order 4 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.263 Page 5 of 17 1 promptly notify all other Parties that it is withdrawing the mistaken designation. 2 5.2 Manner and Timing of Designations. Except as otherwise provided 3 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 5 under this Order must be clearly so designated before the material is disclosed or 6 produced. 7 Designation in conformity with this Order requires: 8 (a) for information in documentary form (e.g., paper or electronic 9 documents, but excluding transcripts of depositions or other pretrial or trial 10 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to 11 each page that contains protected material. If only a portion or portions of the 12 material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 A Party or Non-Party that makes original documents or materials available 16 for inspection need not designate them for protection until after the inspecting 17 Party has indicated which material it would like copied and produced. During the 18 inspection and before the designation, all of the material made available for 19 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 20 identified the documents it wants copied and produced, the Producing Party must 21 determine which documents, or portions thereof, qualify for protection under this 22 Order. Then, before producing the specified documents, the Producing Party must 23 affix the “CONFIDENTIAL” legend to each page that contains Protected Material. 24 If only a portion or portions of the material on a page qualifies for protection, the 25 Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 appropriate markings in the margins). 27 (b) for testimony given in deposition, the Designating Party shall have 21 28 days following receipt of the deposition transcript to designate portions of the Joint [Proposed] Protective Order 5 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.264 Page 6 of 17 1 deposition testimony, including referenced exhibits, as Protected Material; for 2 testimony given in other pretrial or trial proceedings, that the Designating Party 3 identify on the record, before the close of the hearing or other proceeding, all 4 Protected Material. (c) 5 for information produced in some form other than documentary and 6 for any other tangible items, that the Producing Party affix in a prominent place on 7 the exterior of the container or containers in which the information or item is 8 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 9 information or item warrant protection, the Producing Party, to the extent 10 practicable, shall identify the protected portion(s). 5.3 11 Inadvertent Failures to Designate. If timely corrected, an 12 inadvertent failure to designate qualified information or items does not, standing 13 alone, waive the Designating Party’s right to secure protection under this Order for 14 such material. Upon timely correction of a designation, the Receiving Party must 15 make reasonable efforts to assure that the material is treated in accordance with the 16 provisions of this Order. 17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 19 designation of confidentiality at any time. Unless a prompt challenge to a 20 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 21 substantial unfairness, unnecessary economic burdens, or a significant disruption 22 or delay of the litigation, a Party does not waive its right to challenge a 23 confidentiality designation by electing not to mount a challenge promptly after the 24 original designation is disclosed. 25 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process by providing written notice of each designation it is challenging 27 and describing the basis for each challenge. To avoid ambiguity as to whether a 28 challenge has been made, the written notice must recite that the challenge to Joint [Proposed] Protective Order 6 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.265 Page 7 of 17 1 confidentiality is being made in accordance with this specific paragraph of the 2 Protective Order. The parties shall attempt to resolve each challenge in good faith 3 and must begin the process by conferring directly (in voice to voice dialogue; other 4 forms of communication are not sufficient) within 14 days of the date of service of 5 notice. In conferring, the Challenging Party must explain the basis for its belief that 6 the confidentiality designation was not proper and must give the Designating Party 7 an opportunity to review the designated material, to reconsider the circumstances, 8 and, if no change in designation is offered, to explain the basis for the chosen 9 designation. A Challenging Party may proceed to the next stage of the challenge 10 process only if it has engaged in this meet and confer process first or establishes 11 that the Designating Party is unwilling to participate in the meet and confer process 12 in a timely manner. 13 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 14 without Court intervention, the Designating Party shall file and serve a motion to 15 retain confidentiality within 21 days of the initial notice of challenge or within 14 16 days of the parties agreeing that the meet and confer process will not resolve their 17 dispute, whichever is earlier. Each such motion must be accompanied by a 18 competent declaration affirming that the movant has complied with the meet and 19 confer requirements imposed in the preceding paragraph. Failure by the 20 Designating Party to make such a motion including the required declaration within 21 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 22 designation for each challenged designation. In addition, the Challenging Party 23 may file a motion challenging a confidentiality designation at any time if there is 24 good cause for doing so, including a challenge to the designation of a deposition 25 transcript or any portions thereof. Any motion brought pursuant to this provision 26 must be accompanied by a competent declaration affirming that the movant has 27 complied with the meet and confer requirements imposed by the preceding 28 paragraph. Joint [Proposed] Protective Order 7 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.266 Page 8 of 17 The burden of persuasion in any such challenge proceeding shall be on the 1 2 Designating Party. Frivolous challenges, and those made for an improper purpose 3 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 4 expose the Challenging Party to sanctions. Unless the Designating Party has 5 waived the confidentiality designation by failing to file a motion to retain 6 confidentiality as described above, all parties shall continue to afford the material 7 in question the level of protection to which it is entitled under the Producing 8 Party’s designation until the Court rules on the challenge. 9 7. 10 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that 11 is disclosed or produced by another Party or by a Non-Party in connection with this 12 case only for prosecuting, defending, or attempting to settle this litigation. Such 13 Protected Material may be disclosed only to the categories of persons and under 14 the conditions described in this Order. When the litigation has been terminated, a 15 Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 21 otherwise ordered by the Court or permitted in writing by the Designating Party, a 22 Receiving Party may disclose any information or item designated 23 “CONFIDENTIAL” only to: 24 (a) Parties and their Counsel; 25 (b) the Receiving Party’s Outside Counsel of Record in this action, as well 26 as employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this litigation and who have signed the 28 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit Joint [Proposed] Protective Order 8 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.267 Page 9 of 17 1 A; (c) 2 the officers, directors, and employees (including House Counsel) of 3 the Receiving Party to whom disclosure is reasonably necessary for this litigation 4 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 5 A); (d) 6 Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this litigation and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (e) the Court and its personnel; 10 (f) Court reporters and their staff, professional jury or trial consultants, 11 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 12 for this litigation and who have signed the “Acknowledgment and Agreement to 13 Be Bound” (Exhibit A); (f) 14 during their depositions, witnesses in the action to whom disclosure is 15 reasonably necessary and who have signed the “Acknowledgment and Agreement 16 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 17 ordered by the Court. Pages of transcribed deposition testimony or exhibits to 18 depositions that reveal Protected Material must be separately bound by the court 19 reporter and may not be disclosed to anyone except as permitted under this 20 Stipulated Protective Order. (g) 21 the author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or knew the information. 23 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 24 PRODUCED IN OTHER LITIGATION 25 If a Party is served with a subpoena or a Court Order issued in other 26 litigation that compels disclosure of any information or items designated in this 27 action as “CONFIDENTIAL,” that Party must: 28 (a) promptly notify in writing the Designating Party. Such notification Joint [Proposed] Protective Order 9 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.268 Page 10 of 17 1 shall include a copy of the subpoena or Court Order; (b) 2 promptly notify in writing the party who caused the subpoena or order 3 to issue in the other litigation that some or all of the material covered by the 4 subpoena or order is subject to this Protective Order. Such notification shall 5 include a copy of this Stipulated Protective Order; and (c) 6 cooperate with respect to all reasonable procedures sought to be 7 pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served 8 9 with the subpoena or Court Order shall not produce any information designated in 10 this action as “CONFIDENTIAL” before a determination by the Court from which 11 the subpoena or order issued, unless the Party has obtained the Designating Party’s 12 permission. The Designating Party shall bear the burden and expense of seeking 13 protection in that Court of its confidential material – and nothing in these 14 provisions should be construed as authorizing or encouraging a Receiving Party in 15 this action to disobey a lawful directive from another Court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 17 PRODUCED IN THIS LITIGATION 18 (a) The terms of this Order are applicable to information produced by a 19 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 20 produced by Non-Parties in connection with this litigation is protected by the 21 remedies and relief provided by this Order. The protections in this Order are 22 permissive: nothing in these provisions should be construed as prohibiting a Non23 Party from seeking additional protections, from asserting that this Order does not 24 provide sufficient protection, and/or from asserting that information is not relevant 25 or otherwise not discoverable. 26 (b) In the event that a Party is required, by a valid discovery request, to 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 subject to an agreement with the Non-Party not to produce the Non-Party’s Joint [Proposed] Protective Order 10 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.269 Page 11 of 17 1 confidential information, then the Party shall: 1. 2 promptly notify in writing the Requesting Party and the Non-Party 3 that some or all of the information requested is subject to a confidentiality 4 agreement with a Non-Party; 2. 5 promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this litigation, the relevant discovery request(s), and a 7 reasonably specific description of the information requested; and 8 3. make the information requested available for inspection by the Non- (c) If the Non-Party fails to object or seek a protective order from this 9 Party. 10 11 Court within 14 days of receiving the notice and accompanying information, the 12 Receiving Party may produce the Non-Party’s confidential information responsive 13 to the discovery request. If the Non-Party timely seeks a protective order, the 14 Receiving Party shall not produce any information in its possession or control that 15 is subject to the confidentiality agreement with the Non-Party before a 16 determination by the Court. The purpose of this provision is to alert the interested 17 parties to the existence of confidentiality rights of a Non-Party and to afford the 18 Non-Party an opportunity to protect its confidentiality interests in this Court. 19 Absent a Court Order to the contrary, the Non-Party shall bear the burden and 20 expense of seeking protection in this Court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has 23 disclosed Protected Material to any person or in any circumstance not authorized 24 under this Stipulated Protective Order, the Receiving Party must immediately (a) 25 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 26 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 27 the person or persons to whom unauthorized disclosures were made of all the terms 28 of this Order, and (d) request such person or persons to execute the Joint [Proposed] Protective Order 11 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.270 Page 12 of 17 1 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 2 A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 4 OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 5 6 inadvertently produced material is subject to a claim of privilege or other 7 protection, the obligations of the Receiving Parties are those set forth in Federal 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 production without prior privilege review. Pursuant to Federal Rule of Evidence 11 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 12 of a communication or information covered by the attorney-client privilege or 13 work product protection, the parties may incorporate their agreement in the 14 stipulated protective order submitted to the Court. 15 12. MISCELLANOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of 17 any person to seek its modification by the Court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in 21 this Stipulated Protective Order. In particular, neither the Parties nor Non-Parties 22 waive any objection with respect to the right to privacy of Non-Parties nor do the 23 Parties waive the right to challenge any objection on privacy or other grounds. 24 Similarly, no Party waives any right to object on any ground to use in evidence of 25 any of the material covered by this Protective Order. 26 27 12.3 Filing Protected Material. A. Filing Under Seal. Before any materials produced in discovery, answers 28 to interrogatories, responses to requests for admissions, deposition transcripts, or Joint [Proposed] Protective Order 12 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.271 Page 13 of 17 1 other documents which are designated as Confidential Information are filed with 2 the Court for any purpose, the party seeking to file such material must seek 3 permission of the Court to file the material under seal. No document may be filed 4 under seal, i.e., closed to inspection by the public except pursuant to a Court order 5 that authorizes the sealing of the particular document, or portions of it. A sealing 6 order may issue only upon a showing that the information is privileged or 7 protectable under the law. The request must be narrowly tailored to seek sealing 8 only of the confidential or privileged material. To file a document under seal, the 9 parties must comply with the procedures explained in Section 2.j of the Electronic 10 Case Filing Administrative Policies and Procedures Manual for the United States 11 District Court for the Southern District of California and Civil Local Rule 79.2. In 12 addition, in accordance with Judge Major's preferences, a party must file a ‘public’ 13 14 15 16 version of any document that it seeks to file under seal. In the public version, the party may redact only that information that is deemed ‘Confidential.’ The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed 17 18 19 20 21 22 under seal and setting forth good cause for the request.” B. Modification of the Protective Order by the Court. The Court may modify the terms and conditions of the Order for good cause, or in the interest of justice, or on its own order at any time during these proceedings. C. No document shall be filed under seal unless counsel secures a court 23 order allowing the filing of a document under seal. An application to file a 24 document under seal shall be served on opposing counsel, and on the person or 25 entity that has custody and control of the document, if different from opposing 26 counsel. If opposing counsel, or the person or entity who has custody and control 27 of the document, wishes to oppose the application, he/she must contact the 28 Joint [Proposed] Protective Order 13 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.272 Page 14 of 17 1 chambers of the judge who will rule on the application, to notify the judge’s staff 2 that an opposition to the application will be filed. 3 Similarly, if a party other than the Designating Party seeks to file Protected 4 Material and the Designating Party wishes to support an application, the 5 Designating Party must contact the Court's chambers to notify the judge’s staff that 6 a response in support of the application will be filed. 7 In accordance with A and B above, if the Court grants an application to file a 8 document under seal, a redacted version of the document shall be filed in the 9 public record via ECF. If the Court denies an application to file a document under 10 seal, the Receiving Party may file the Protected Material in the public record 11 (unless otherwise ordered by the Court). 12 D. Any party that reasonably believes that a filing or disclosure it intends to 13 14 15 16 make in a proceeding before the Court will contain Protected Material belonging to another party shall inform the Designating Party of the content and Bates-numbers of the Protected Material it intends to file or disclose at least two (2) business days before the filing to provide an opportunity for the Designating Party to agree to 17 18 19 20 21 disclosure or filing of the Protected Material in redacted or unredacted form and to avoid filing unnecessary applications to file a document under seal where agreement can be reached. If agreement is reached, the party disclosing the Protected Material shall inform the Court of the agreement at time of its filing or 22 disclosure. 23 E. In the event agreement cannot be reached, any papers or material 24 attached to a Receiving Party’s application to file under seal shall be deemed 25 timely filed with respect to any substantive deadline that applies to such material 26 when the Receiving Party files its application prior to such deadline. 27 13. FINAL DISPOSITION. 28 Joint [Proposed] Protective Order 14 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.273 Page 15 of 17 Within 60 days after the final disposition of this action, as defined in 1 2 paragraph 4, each Receiving Party must return all Protected Material to the 3 Producing Party or destroy such material. As used in this subdivision, “all 4 Protected Material” includes all copies, abstracts, compilations, summaries, and 5 any other format reproducing or capturing any of the Protected Material. Whether 6 the Protected Material is returned or destroyed, the Receiving Party must submit a 7 written certification to the Producing Party (and, if not the same person or entity, to 8 the Designating Party) by the 60 day deadline that (1) identifies (by category, 9 where appropriate) all the Protected Material that was returned or destroyed and 10 (2) affirms that the Receiving Party has not retained any copies, abstracts, 11 compilations, summaries or any other format reproducing or capturing any of the 12 Protected Material. Notwithstanding this provision, Counsel are entitled to retain 13 an archival copy of all pleadings, motion papers, trial, deposition, and hearing 14 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 15 reports, attorney work product, and consultant and expert work product, even if 16 such materials contain Protected Material. Any such archival copies that contain or 17 constitute Protected Material remain subject to this Protective Order as set forth in 18 Section 4 (DURATION). Furthermore, within 60 days after the final disposition of this action, as 19 20 defined in paragraph 4, the parties shall move ex parte for an order authorizing the 21 Court to destroy all Confidential and Attorneys’ Eyes Only Material in the Court’s 22 possession. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / Joint [Proposed] Protective Order 15 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.274 Page 16 of 17 1 14. Modification of the Protective Order by the Court. 2 The Court may modify the terms and conditions of this Protective Order for 3 good cause, or in the interest of justice, or on its own order at any time in these 4 proceedings. 5 6 SO STIPULATED. 7 8 LAW OFFICES OF DOUGLAS J. CAMPION, APC 9 s/ Douglas J. Campion 10 Attorneys for Plaintiff 11 12 SEYFARTH SHAW LLP 13 s/ Joshua Salinas 14 15 WINSTON & STRAWN LLP 16 s/ Daniel M. Blouin (admitted pro hac vice) 17 Attorneys for Defendant 18 19 20 IT IS SO ORDERED. 21 Dated: 1/27/2021 22 23 24 25 26 27 28 Joint [Proposed] Protective Order 16 No. 3:19-cv-02142-JLS(BLM) Case 3:19-cv-02142-JLS-BLM Document 26 Filed 01/27/21 PageID.275 Page 17 of 17 EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, [print or type full name], 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Southern District of California on [date] in the case of Karla Y. Sousa, on behalf of herself and all others similarly situated, v. 7-Eleven, Inc. No. 3:19-cv-02142-JLS (BLM). I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Southern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or type full name], of [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: _________________________________ City and State where sworn and signed: _________________________________ Printed name: 26 27 Signature: _____________ 28 Joint [Proposed] Protective Order No. 3:19-cv-02142-JLS(BLM)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.