2 4 6 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 |} BRANDON AVILA, an individual Case No.: 8:24-cv-00939-FWS-JDE 12 Plaintiff, 13 VS. 14 |} TOURNEAU, LLC, a Delaware ORDER PROTECTIVE

15 |) through 30inchishe 16 Defendants. 17 18 19 Based on the parties' Stipulation and for good cause shown, the Court finds 20 and orders as follows. 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 || proprietary or private information for which special protection from public 24 || disclosure and from use for any purpose other than pursuing this litigation may be 25 || warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 || enter the following Stipulated Protective Order. The parties acknowledge that this 27 || Order does not confer blanket protections on all disclosures or responses to 28 || discovery and that the protection it affords from public disclosure and use extends

1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. 3 2. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 confidential business practices, videotapes that include information implicating 11 privacy rights of third persons, or other confidential research, development, or 12 commercial information, information otherwise generally unavailable to the 13 public, or which may be privileged or otherwise protected from disclosure under 14 state or federal statutes, court rules, case decisions, or common law. 15 Accordingly, to expedite the flow of information, to facilitate the prompt 16 resolution of disputes over confidentiality of discovery materials, to adequately 17 protect information the parties are entitled to keep confidential, to ensure that the 18 parties are permitted reasonable necessary uses of such material in preparation 19 for and in the conduct of trial, to address their handling at the end of the 20 litigation, and serve the ends of justice, a protective order for such information is 21 justified in this matter. It is the intent of the parties that information will not be 22 designated as confidential for tactical reasons and that nothing be so designated 23 without a good faith belief that it has been maintained in a confidential, non- 24 public manner, and there is good cause why it should not be part of the public 25 record of this case. 26 3. ACKNOWLEDGMENT OF UNDER SEAL FILING 27 PROCEDURE The parties further acknowledge, as set forth in Section 14.3, below, that 1 this Stipulated Protective Order does not entitle them to file confidential 2 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 3 be followed and the standards that will be applied when a party seeks permission 4 from the court to file material under seal. There is a strong presumption that the 5 public has a right of access to judicial proceedings and records in civil cases. In 6 connection with non-dispositive motions, good cause must be shown to support a 7 filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 8 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th 9 Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. 10 Wis. 1999) (even stipulated protective orders require good cause showing), and a 11 specific showing of good cause or compelling reasons with proper evidentiary 12 support and legal justification, must be made with respect to Protected Material 13 that a party seeks to file under seal. The parties’ mere designation of Disclosure 14 or Discovery Material as CONFIDENTIAL does not— without the submission 15 of competent evidence by declaration, establishing that the material sought to be 16 filed under seal qualifies as confidential, privileged, or otherwise protectable— 17 constitute good cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, 19 then compelling reasons, not only good cause, for the sealing must be shown, 20 and the relief sought shall be narrowly tailored to serve the specific interest to be 21 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 22 2010). For each item or type of information, document, or thing sought to be 23 filed or introduced under seal, the party seeking protection must articulate 24 compelling reasons, supported by specific facts and legal justification, for the 25 requested sealing order. Again, competent evidence supporting the application to 26 file documents under seal must be provided by declaration. 27 Any document that is not confidential, privileged, or otherwise protectable in its entirety will not be filed under seal if the confidential portions can be 1 redacted. If documents can be redacted, then a redacted version for public 2 viewing, omitting only the confidential, privileged, or otherwise protectable 3 portions of the document, shall be filed. Any application that seeks to file 4 documents under seal in their entirety should include an explanation of why 5 redaction is not feasible. 6 4. DEFINITIONS 7 4.1 Action: this pending federal lawsuit. 8 4.2 Challenging Party: a Party or Non-Party that challenges the 9 designation of information or items under this Order. 10 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 11 how it is generated, stored or maintained) or tangible things that qualify for 12 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 13 the Good Cause Statement. 14 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 15 their support staff). 16 4.5 Designating Party: a Party or Non-Party that designates information 17 or items that it produces in disclosures or in responses to discovery as 18 “CONFIDENTIAL.” 19 4.6 Disclosure or Discovery Material: all items or information, 20 regardless of the medium or manner in which it is generated, stored, or 21 maintained (including, among other things, testimony, transcripts, and tangible 22 things), that are produced or generated in disclosures or responses to discovery. 23 4.7 Expert: a person with specialized knowledge or experience in a 24 matter pertinent to the litigation who has been retained by a Party or its counsel 25 to serve as an expert witness or as a consultant in this Action. 26 4.8 House Counsel: attorneys who are employees of a party to this 27 Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 1 4.9 Non-Party: any natural person, partnership, corporation, association 2 or other legal entity not named as a Party to this action. 3 4.10 Outside Counsel of Record: attorneys who are not employees of a 4 party to this Action but are retained to represent a party to this Action and have 5 appeared in this Action on behalf of that party or are affiliated with a law firm 6 that has appeared on behalf of that party, and includes support staff. 7 4.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and 9 their support staffs). 10 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 4.13 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits 14 or demonstrations, and organizing, storing, or retrieving data in any form or 15 medium) and their employees and subcontractors. 16 4.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 4.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 5. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge and other applicable authorities. This Order does not govern the use of Protected Material at trial. 1 6. DURATION 2 Once a case proceeds to trial, information that was designated as 3 CONFIDENTIAL or maintained pursuant to this protective order used or 4 introduced as an exhibit at trial becomes public and will be presumptively 5 available to all members of the public, including the press, unless compelling 6 reasons supported by specific factual findings to proceed otherwise are made to 7 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 8 (distinguishing “good cause” showing for sealing documents produced in 9 discovery from “compelling reasons” standard when merits-related documents 10 are part of court record). Accordingly, the terms of this protective order do not 11 extend beyond the commencement of the trial. 12 7. DESIGNATING PROTECTED MATERIAL 13 7.1 Exercise of Restraint and Care in Designating Material for 14 Protection. Each Party or Non-Party that designates information or items 15 for protection under this Order must take care to limit any such designation to 16 specific material that qualifies under the appropriate standards. The Designating 17 Party must designate for protection only those parts of material, documents, 18 items or oral or written communications that qualify so that other portions of the 19 material, documents, items or communications for which protection is not 20 warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate or routinized designations are prohibited. 22 Designations that are shown to be clearly unjustified or that have been made for 23 an improper purpose (e.g., to unnecessarily encumber the case development 24 process or to impose unnecessary expenses and burdens on other parties) may 25 expose the Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that 27 it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable 1 designation. 2 7.2 Manner and Timing of Designations. Except as otherwise provided 3 in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery 4 Material that qualifies for protection under this Order must be clearly so 5 designated before the material is disclosed or produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 11 contains protected material. If only a portion of the material on a page qualifies 12 for protection, the Producing Party also must clearly identify the protected 13 portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for 15 inspection need not designate them for protection until after the inspecting Party 16 has indicated which documents it would like copied and produced. During the 17 inspection and before the designation, all of the material made available for 18 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 19 identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this 21 Order. Then, before producing the specified documents, the Producing Party 22 must affix the “CONFIDENTIAL legend” to each page that contains Protected 23 Material. If only a portion of the material on a page qualifies for protection, the 24 Producing Party also must clearly identify the protected portion(s) (e.g., by 25 making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party 27 identifies the Disclosure or Discovery Material on the record, before the close of the deposition all protected testimony. 1 (c) for information produced in some form other than documentary 2 and for any other tangible items, that the Producing Party affix in a prominent 3 place on the exterior of the container or containers in which the information is 4 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 5 information warrants protection, the Producing Party, to the extent practicable, 6 shall identify the protected portion(s). 7 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 8 failure to designate qualified information or items does not, standing alone, 9 waive the Designating Party’s right to secure protection under this Order for such 10 material. Upon timely correction of a designation, the Receiving Party must 11 make reasonable efforts to assure that the material is treated in accordance with 12 the provisions of this Order. 13 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 15 designation of confidentiality at any time that is consistent with the Court’s 16 Scheduling Order. 17 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Rule 37-1 et seq. 19 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 20 joint stipulation pursuant to Local Rule 37-2. 21 8.4 The burden of persuasion in any such challenge proceeding shall be on 22 the Designating Party. Frivolous challenges, and those made for an improper 23 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 24 parties) may expose the Challenging Party to sanctions. Unless the Designating 25 Party has waived or withdrawn the confidentiality designation, all parties shall 26 continue to afford the material in question the level of protection to which it is 27 entitled under the Producing Party’s designation until the Court rules on the challenge. 1 9. ACCESS TO AND USE OF PROTECTED MATERIAL 2 9.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this 4 Action only for prosecuting, defending or attempting to settle this Action. Such 5 Protected Material may be disclosed only to the categories of persons and under 6 the conditions described in this Order. When the Action has been terminated, a 7 Receiving Party must comply with the provisions of section 15 below (FINAL 8 DISPOSITION). 9 Protected Material must be stored and maintained by a Receiving Party at a 10 location and in a secure manner that ensures that access is limited to the persons 11 authorized under this Order. 12 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 13 otherwise ordered by the court or permitted in writing by the Designating Party, 14 a Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, 17 as well as employees of said Outside Counsel of Record to whom it is reasonably 18 necessary to disclose the information for this Action; 19 (b) the officers, directors, and employees (including House Counsel) 20 of the Receiving Party to whom disclosure is reasonably necessary for this 21 Action; 22 (c) Experts (as defined in this Order) of the Receiving Party to whom 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (d) the court and its personnel; 26 (e) court reporters and their staff; 27 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action 1 and who have signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A); 3 (g) the author or recipient of a document containing the information 4 or a custodian or other person who otherwise possessed or knew the information; 5 (h) during their depositions, witnesses, and attorneys for witnesses, 6 in the Action to whom disclosure is reasonably necessary provided: (1) the 7 deposing party requests that the witness sign the form attached as Exhibit A 8 hereto; and (2) they will not be permitted to keep any confidential information 9 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 10 A), unless otherwise agreed by the Designating Party or ordered by the court. 11 Pages of transcribed deposition testimony or exhibits to depositions that reveal 12 Protected Material may be separately bound by the court reporter and may not be 13 disclosed to anyone except as permitted under this Stipulated Protective Order; 14 and 15 (i) any mediators or settlement officers and their supporting 16 personnel, mutually agreed upon by any of the parties engaged in settlement 17 discussions. 18 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 19 PRODUCED IN OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other 21 litigation that compels disclosure of any information or items designated in this 22 Action as “CONFIDENTIAL,” that Party must: 23 (a) promptly notify in writing the Designating Party. Such 24 notification shall include a copy of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or 26 order to issue in the other litigation that some or all of the material covered by 27 the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. If 3 the Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which 6 the subpoena or order issued, unless the Party has obtained the Designating 7 Party’s permission. The Designating Party shall bear the burden and expense of 8 seeking protection in that court of its confidential material and nothing in these 9 provisions should be construed as authorizing or encouraging a Receiving Party 10 in this Action to disobey a lawful directive from another court. 11 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO 12 BE PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by 14 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 15 information produced by Non-Parties in connection with this litigation is 16 protected by the remedies and relief provided by this Order. Nothing in these 17 provisions should be construed as prohibiting a Non-Party from seeking 18 additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, 20 to produce a Non-Party’s confidential information in its possession, and the Party 21 is subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non- 24 Party that some or all of the information requested is subject to a confidentiality 25 agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this court 4 within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information 6 responsive to the discovery request. If the Non-Party timely seeks a protective 7 order, the Receiving Party shall not produce any information in its possession or 8 control that is subject to the confidentiality agreement with the Non-Party before 9 a determination by the court. Absent a court order to the contrary, the Non-Party 10 shall bear the burden and expense of seeking protection in this court of its 11 Protected Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED 13 MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has 15 disclosed Protected Material to any person or in any circumstance not authorized 16 under this Stipulated Protective Order, the Receiving Party must immediately (a) 17 notify in writing the Designating Party of the unauthorized disclosures, (b) use 18 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 19 inform the person or persons to whom unauthorized disclosures were made of all 20 the terms of this Order, and (d) request such person or persons to execute the 21 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A. 22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR 23 OTHERWISE PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other 26 protection, the obligations of the Receiving Parties are those set forth in Federal 27 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 1 production without prior privilege review. Pursuant to Federal Rule of Evidence 2 502(d) and (e), insofar as the parties reach an agreement on the effect of 3 disclosure of a communication or information covered by the attorney-client 4 privilege or work product protection, the parties may incorporate their agreement 5 in the stipulated protective order submitted to the court. 6 14. MISCELLANEOUS 7 14.1 Right to Further Relief. Nothing in this Order abridges the right of 8 any person to seek its modification by the Court in the future. 9 14.2 Right to Assert Other Objections. By stipulating to the entry of this 10 Protective Order, no Party waives any right it otherwise would have to object to 11 disclosing or producing any information or item on any ground not addressed in 12 this Stipulated Protective Order. Similarly, no Party waives any right to object on 13 any ground to use in evidence of any of the material covered by this Protective 14 Order. 15 14.3 Filing Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Local Civil Rule 79-5. Protected Material 17 may only be filed under seal pursuant to a court order authorizing the sealing of 18 the specific Protected Material. If a Party’s request to file Protected Material 19 under seal is denied by the court, then the Receiving Party may file the 20 information in the public record unless otherwise instructed by the court. 21 15. FINAL DISPOSITION 22 After the final disposition of this Action, as defined in paragraph 6, within 23 60 days of a written request by the Designating Party, each Receiving Party must 24 return all Protected Material to the Producing Party or destroy such material. As 25 used in this subdivision, “all Protected Material” includes all copies, abstracts, 26 compilations, summaries, and any other format reproducing or capturing any of 27 the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party 1 || (and, if not the same person or entity, to the Designating Party) by the 60-day 2 || deadline that (1) identifies (by category, where appropriate) all the Protected 3 || Material that was returned or destroyed and (2) affirms that the Receiving Party 4 || has not retained any copies, abstracts, compilations, summaries or any other 5 || format reproducing or capturing any of the Protected Material. Notwithstanding 6 || this provision, Counsel are entitled to retain an archival copy of all pleadings, 7 || motion papers, trial, deposition, and hearing transcripts, legal memoranda, 8 || correspondence, deposition and trial exhibits, expert reports, attorney work 9 || product, and consultant and expert work product, even if such materials contain 10 {| Protected Material. Any such archival copies that contain or constitute Protected 11 |} Material remain subject to this Protective Order as set forth in Section 6 12 16. VIOLATION 13 Any violation of this Order may be punished by appropriate measures 14 ||} including, without limitation, contempt proceedings and/or monetary sanctions. 15 16 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 18 |] DATED: 10/29/2024 Lie □□ AG 19 JO . EARLY 50 United States Magistrate Judge 21 22 23 24 25 26 27 28 44

1 EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledgethat I, [NAME], 4 [POSITION AND EMPLOYER], am 5 about to receive Confidential Materials supplied in connection with the Proceeding, (Brandon 6 Avila v. Tourneau LLC et al.; CASE NO.: 8:24−cv−00939−FWS-JDE). I certify that I 7 understand that the Confidential Materials are provided to me subject to the terms and 8 restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given 9 a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound by its 10 terms. 11 I understand that Confidential Materials, as defined in the Stipulation and Protective 12 Order, including any notes or other records that may be made regarding any such materials, 13 shall not be Disclosed to anyone except as expressly permitted by the Stipulation and 14 Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any 15 Confidential Materials obtained pursuant to this Protective Order, except as provided therein 16 or otherwise ordered by the Court in the Proceeding. 17 I further understand that I am to retain all copies of all Confidential Materials provided 18 to me in the Proceeding in a secure manner, and that all copies of such Materials are to remain 19 in my personal custody until termination of my participation in this Proceeding, whereupon the 20 copies of such Materials will be returned to counsel who provided me with such Materials. 21 I declare under penalty of perjury, under the laws of the State of California, that the 22 foregoing is true and correct. Executed this day of , 20 , at 23 DATED: BY: Signature 24 Title 25 Address 26 City, State, Zip 27 Telephone Number