1 2 . 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 JOSE FLORES, an individual, DISCOVERY MATTER 13 Plaintiff, Case No. 2:24-cv-03440-MEMF-RAO 14 vs. [PROPOSED] STIPULATED

PROTECTIVE ORDER1

15 BIMBO BAKERIES USA, INC., a Delaware corporation; and DOES 1-50, 16 inclusive, Judge: Hon. Maame Ewusi- 17 Mensah Frimpong Defendants. Courtroom: 8B, 8th Floor 18 19 Magistrate: Hon. Rozella A. Oliver Courtroom: 590, 5th Floor 20 21 Trial Date: September 8, 2025 22 23 24 25 26 27 1 This Stipulated Protective Order is substantially based on the model 28 protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve the exchange of records and information 13 referencing or otherwise reflecting certain business practices, internal procedures, 14 sensitive internal investigations, customer and employee information, and other 15 valuable research, development, commercial, financial, technical and/or proprietary 16 information for which special protection from public disclosure and from use for 17 any purpose other than prosecution of this action is warranted. Such confidential 18 and proprietary materials and information consist of, among other things, 19 confidential business or financial information, information regarding confidential 20 business practices, or other confidential research, development, or commercial 21 information (including information implicating privacy rights of third parties), 22 information otherwise generally unavailable to the public, or which may be 23 privileged or otherwise protected from disclosure under state or federal statutes, 24 court rules, case decisions, or common law. Accordingly, to expedite the flow of 25 information, to facilitate the prompt resolution of disputes over confidentiality of 26 discovery materials, to adequately protect information the parties are entitled to 27 keep confidential, to ensure that the parties are permitted reasonable necessary uses 28 of such material in preparation for and in the conduct of trial, to address their 1 handling at the end of the litigation, and serve the ends of justice, a protective order 2 for such information is justified in this matter. It is the intent of the parties that 3 information will not be designated as confidential for tactical reasons and that 4 nothing be so designated without a good faith belief that it has been maintained in a 5 confidential, non-public manner, and there is good cause why it should not be part 6 of the public record of this case. 7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING

UNDER SEAL

8 The parties further acknowledge, as set forth in Section 12.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 and the standards that will be applied when a party seeks permission from the court 12 to file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 proceedings and records in civil cases. In connection with non-dispositive motions, 15 good cause must be shown to support a filing under seal. See Kamakana v. City 16 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. 17 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony 18 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 19 orders require good cause showing), and a specific showing of good cause or 20 compelling reasons with proper evidentiary support and legal justification, must be 21 made with respect to Protected Material that a party seeks to file under seal. The 22 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 23 does not—without the submission of competent evidence by declaration, 24 establishing that the material sought to be filed under seal qualifies as confidential, 25 privileged, or otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, 27 then compelling reasons, not only good cause, for the sealing must be shown, and 28 1 the relief sought shall be narrowly tailored to serve the specific interest to be 2 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 3 2010). For each item or type of information, document, or thing sought to be filed 4 or introduced under seal in connection with a dispositive motion or trial, the party 5 seeking protection must articulate compelling reasons, supported by specific facts 6 and legal justification, for the requested sealing order. Again, competent evidence 7 supporting the application to file documents under seal must be provided by 8 declaration. 9 Any document that is not confidential, privileged, or otherwise protectable in 10 its entirety will not be filed under seal if the confidential portions can be redacted. 11 If documents can be redacted, then a redacted version for public viewing, omitting 12 only the confidential, privileged, or otherwise protectable portions of the document 13 shall be filed. Any application that seeks to file documents under seal in their 14 entirety should include an explanation of why redaction is not feasible. 15 2. DEFINITIONS 16 2.1. Action: Jose Flores v. Bimbo Bakeries USA, Inc., a Delaware 17 corporation; and Does 1-50, inclusive (C.D. Cal. Case No. 2:24-cv-03440-MEMF- 18 RAO). 19 2.2. Challenging Party: A Party or Non-Party that challenges the 20 designation of information or items under this Order. 21 2.3. “CONFIDENTIAL” Information or Items: Information (regardless of 22 how it is generated, stored or maintained) or tangible things that qualify for 23 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 the Good Cause Statement. 25 2.4. Counsel: Outside Counsel of Record and House Counsel (as well as 26 their support staff). 27 2.5. Designating Party: A Party or Non-Party that designates information 28 or items that it produces in disclosures or in responses to discovery as 1 “CONFIDENTIAL.” 2 2.6. Disclosure or Discovery Material: All items or information, regardless 3 of the medium or manner in which it is generated, stored, or maintained (including, 4 among other things, testimony, transcripts, and tangible things,) that are produced 5 or generated in disclosures or responses to discovery in this matter. 6 2.7. Expert: A person with specialized knowledge or experience in a 7 matter pertinent to the litigation who has been retained by a Party or its counsel to 8 serve as an expert witness or as a consultant in this Action. 9 2.8. House Counsel: Attorneys who are employees of a party to this 10 Action. House Counsel does not include Outside Counsel of Record or any other 11 outside counsel. 12 2.9. Non-Party: Any natural person, partnership, corporation, association, 13 or other legal entity not named as a Party to this action. 14 2.10. Outside Counsel of Record: Attorneys who are not employees of a 15 party to this Action but are retained to represent or advise a party to this Action and 16 have appeared in this Action on behalf of that party or are affiliated with a law firm 17 that has appeared on behalf of that party, and includes support staff. 18 2.11. Party: Any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, House Counsel, and Outside Counsel of 20 Record (and their support staffs). 21 2.12. Producing Party: A Party or Non-Party that produces Disclosure or 22 Discovery Material in this Action. 23 2.13. Professional Vendors: Persons or entities that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) 26 and their employees and subcontractors. 27 2.14. Protected Material: Any Disclosure or Discovery Material that is 28 designated as “CONFIDENTIAL.” 1 2.15. Receiving Party: A Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 3. SCOPE 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material, (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 Any use of Protected Material at trial shall be governed by the orders of the 10 trial judge. This Order does not govern the use of Protected Material at trial. 11 4. DURATION 12 Once a case proceeds to trial, information that was designated as 13 CONFIDENTIAL or maintained pursuant to this protective order used or 14 introduced as an exhibit at trial becomes public and will be presumptively available 15 to all members of the public, including the press, unless compelling reasons 16 supported by specific factual findings to proceed otherwise are made to the trial 17 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 18 “good cause” showing for sealing documents produced in discovery from 19 “compelling reasons” standard when merits-related documents are part of court 20 record). Accordingly, the terms of this protective order do not extend beyond the 21 commencement of the trial. 22 5. DESIGNATING PROTECTED MATERIAL 23 5.1. Exercise of Restraint and Care in Designating Material for Protection. 24 Each Party or Non-Party that designates information or items for protection under 25 this Order must take care to limit any such designation to specific material that 26 qualifies under the appropriate standards. The Designating Party must designate for 27 protection only those parts of material, documents, items or oral or written 28 communications that qualify so that other portions of the material, documents, 1 items or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to 6 impose unnecessary expenses and burdens on other parties) may expose the 7 Designating Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2. Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 Designation in conformity with this Order requires: 17 (a) For information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 1 documents it wants copied and produced, the Producing Party must determine 2 which documents, or portions thereof, qualify for protection under this Order. 3 Then, before producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 (b) For testimony given in depositions, that the Designating Party 9 identifies the Disclosure or Discovery Material on the record, before the close of 10 the deposition all protected testimony. 11 (c) For information produced in some form, other than documentary 12 and for any other tangible items, that the Producing Party affix in a prominent place 13 on the exterior of the container or containers in which the information is stored the 14 legend “CONFIDENTIAL.” If only a portion or portions of the information 15 warrants protection, the Producing Party, to the extent practicable, shall identify the 16 protected portion(s). 17 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such 20 material. Upon timely correction of a designation, the Receiving Party must make 21 reasonable efforts to assure that the material is treated in accordance with the 22 provisions of this Order. 23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 25 designation of confidentiality at any time that is consistent with the Court’s 26 Scheduling Order. 27 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 28 resolution process, under Local Rule 37.1 et seq. 1 6.3. The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is 7 entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1. Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action 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) The Receiving Party’s Outside Counsel of Record in this 25 Action, as well as employees of said Outside Counsel of Record to whom it is 26 reasonably necessary to disclose the information for this Action; 27 (b) The officers, directors, and employees (current or former) 28 (including House Counsel) of the Receiving Party to whom disclosure is reasonably 1 necessary for this Action; 2 (c) Experts (as defined in this Order) of the Receiving Party to 3 whom disclosure is reasonably necessary for this Action and who have signed the 4 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 5 (d) The Court and its personnel; 6 (e) Court reporters and their staff; 7 (f) Professional jury or trial consultants, mock jurors, and 8 Professional Vendors to whom disclosure is reasonably necessary for this Action 9 and who have signed the “Acknowledgment and Agreement to be Bound” (Exhibit 10 A); 11 (g) The author or recipient of a document containing the 12 information or a custodian or other person who otherwise possessed or knew the 13 information; 14 (h) During their depositions, witnesses, and attorneys for witnesses, 15 in the Action to whom disclosure is reasonably necessary provided: (1) the 16 deposing party requests that the witness sign the form attached as Exhibit A hereto; 17 and (2) they will not be permitted to keep any confidential information unless they 18 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 19 otherwise agreed by the Designating Party or ordered by the Court. Pages of 20 transcribed deposition testimony or exhibits to depositions that reveal Protected 21 Material may be separately bound by the court reporter and may not be disclosed to 22 anyone except as permitted under this Stipulated Protective Order; and 23 (i) Any mediator or settlement officer, and their supporting 24 personnel, mutually agreed upon by any of the parties engaged in settlement 25 discussions. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

27 If a Party is served with a subpoena or a court order issued in other litigation 28 1 that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 (a) Promptly notify in writing the Designating Party. Such 4 notification shall include a copy of the subpoena or court order; 5 (b) Promptly notify in writing the party who caused the subpoena or 6 order to issue in the other litigation that some or all of the material covered by the 7 subpoena or order is subject to this Protective Order. Such notification shall 8 include a copy of this Protective Order; and 9 (c) Cooperate with respect to all reasonable procedures sought to be 10 pursued by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL” before a determination by the Court from which the 14 subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party shall bear the burden and expense of seeking 16 protection in that court of its confidential material and nothing in these provisions 17 should be construed as authorizing or encouraging a Receiving Party in this Action 18 to disobey a lawful directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

20 (a) The terms of this Order are applicable to information produced by a 21 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Nothing in these provisions should be 24 construed as prohibiting a Non-Party from seeking additional protections. 25 (b) In the event that a Party is required, by a valid discovery request, to 26 produce a Non-Party’s confidential information in its possession, and the Party is 27 subject to an agreement with the Non-Party not to produce the Non-Party’s 28 1 confidential information, then the Party shall: 2 (1) Promptly notify in writing the Requesting Party and the Non- 3 Party that some or all of the information requested is subject to a confidentiality 4 agreement with a Non-Party; 5 (2) Promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this Action, the relevant discovery request(s), and a reasonably 7 specific description of the information requested; and 8 (3) Make the information requested available for inspection by the 9 Non-Party, if requested. 10 (c) If the Non-Party fails to seek a protective order from this Court within 11 fourteen (14) days after 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. Absent a court order to the contrary, the Non-Party 17 shall bear the burden and expense of seeking protection in this Court of its 18 Protected Material. 19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Protected Material to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 23 writing the Designating Party of the unauthorized disclosures, (b) use its best 24 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 25 person or persons to whom unauthorized disclosures were made of all the terms of 26 this Order, and (d) request such person or persons to execute the “Acknowledgment 27 and Agreement to be Bound” (that is attached hereto as Exhibit A). 28 1] 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal ° Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify ° whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work

1 product protection, the parties may incorporate their agreement in the Stipulated Protective Order submitted to the Court.

3 12. MISCELLANEOUS 14 12.1. Right to Further Relief. Nothing in this Order abridges the right of any 15 || Person to seek its modification by the Court in the future. 16 12.2. Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order, no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in 19 this Stipulated Protective Order. Similarly, no Party waives any right to object on 29 || any ground to use in evidence of any of the material covered by this Protective Order. 12.3. Filing Protected Material. A Party that seeks to file under seal any 33 Protected Material must comply with Local Civil Rule 79-5. Protected Material 34 || May only be filed under seal pursuant to a court order authorizing the sealing of the 5 specific Protected Material at issue. If a Party’s request to file Protected Material under seal is denied by the Court, then the Receiving Party may file the information in the public record unless otherwise instructed by the Court. 28 (/

~ Case No. □□□□□□□□□□□□□□□□□□□□□□ □□□□□□□□□□□□□□□□□□□□□ =| SST IPULATED PROTECTIVE ORDER |

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must 4 return all Protected Material to the Producing Party or destroy such material. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60-day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 and trial exhibits, expert reports, attorney work product, and consultant and expert 17 work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective 19 Order as set forth in Section 4 (DURATION). 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1] 14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 | including, without limitation, contempt proceedings and/or monetary sanctions. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 | DATED: _September 11 , 2024 JML LAW 6 7 BY: Avena Fare

ADRIANA GARRIDO

9 Attorneys for Plaintiff JOSE

FLORES

10 DATED: September 12 _, 2024 GBG LLP 11 12 BY: ( os 13 ELIZABETH A. BROWN 14 Attorneys for Defendant BIMBO

BAKERIES USA, INC.

5 16 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 18 | paTep: 9/12/2024 19 .

21 HON. ROZELLA A. OLIVER 3 United States Magistrate Judge 23 24 25 26 27 28 Case No. 2:24-cv-03440-MEMF-RAO -15- STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, __________________________ [print or type full name], of 4 _____________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Central 7 District of California on __________________ [date] in the case of Jose Flores v. 8 Bimbo Bakeries USA, Inc., a Delaware corporation; and Does 1-50, inclusive 9 (C.D. Cal. Case No. 2:24-cv-03440-MEMF-RAO). I agree to comply with and to 10 be bound by all the terms of this Stipulated Protective Order, and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and 12 punishment in the nature of contempt. I solemnly promise that I will not disclose in 13 any manner any information or item that is subject to this Order to any person or 14 entity except in strict compliance with the provisions of this Stipulated Protective 15 Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 for the Central District of California for enforcing the terms of this Stipulated 18 Protective Order, even if such enforcement proceedings occur after termination of 19 this action. I hereby appoint _______________________ [print or type full name] 20 of _______________________________________ [print or type address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: _____________________________ 25 City and State Where Sworn and Signed: _____________________________ 26 Signature: _____________________________ 27 Printed Name: _____________________________ 28