1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EDMOND CARMONA, ABRAHAM CA SE NO. 8:20-cv-01905-JVS-JDE 11 MENDOZA, ROGER NOGUEIRA, THOMAS ARRIOLA, BURNETT Hon. John. D. Early 12 BRULEE, GYGORY DIAZ, DANIEL

ETCHEPARE, RAUL QUIROZ, STIPULATED PROTECTIVE

13 on behalf of themselves and all others ORDER similarly situated, and all other aggrieved 14 employees,

15 Plaintiffs,

16 v.

17 DOMINO’S PIZZA, LLC, a Michigan Corporation, and DOES 1-10, inclusive, 18 Defendant. 19

20

21 Based on the Stipulation (Dkt. 53) by and between Plaintiffs Edmond 22 Carmona, Abraham Mendoza, Roger Nogueira, Thomas Arriola, Burnett Brulee, 23 Gygory Diaz, Daniel Etchepare, and Raul Quiroz (“Plaintiffs”) and Defendant 24 Domino’s Pizza LLC (“Defendant”) (collectively, the “Parties”), and for good cause 25 shown, the Court finds and orders as follows. 26 1. PURPOSES AND LIMITATIONS 27 Discovery in this action is likely to involve production of confidential, 28 proprietary or private information for which special protection from public 1 disclosure and from use for any purpose other than pursuing this litigation may be 2 warranted. Accordingly, the Parties hereby stipulate to and petition the Court to 3 enter the following Stipulated Protective Order. The parties acknowledge that this 4 Order does not confer blanket protections on all disclosures or responses to 5 discovery and that the protection it affords from public disclosure and use extends 6 only to the limited information or items that are entitled to confidential treatment 7 under the applicable legal principles. 8 2. GOOD CAUSE STATEMENT 9 This action is likely to involve employee records, trade secrets, and other 10 valuable commercial, financial, technical and/or proprietary information for which 11 special protection from public disclosure and from use for any purpose other than 12 prosecution of this action is warranted. Such private, confidential, and/or 13 proprietary materials and information consist of, among other things, employees’ 14 personally identifiable information, compensation, disciplinary records, 15 documented performance conversations, and personnel files, confidential business 16 or financial information, information regarding confidential business practices, or 17 other confidential commercial information (including information implicating 18 privacy rights of third parties), information otherwise generally unavailable to the 19 public, or which may be privileged or otherwise protected from disclosure under 20 state or federal statutes, court rules, case decisions, or common law. Accordingly, 21 to expedite the flow of information, to facilitate the prompt resolution of disputes 22 over confidentiality of discovery materials, to adequately protect information the 23 Parties are entitled to keep confidential, to ensure that the Parties are permitted 24 reasonable necessary uses of such material in preparation for and in the conduct of 25 trial, to address their handling at the end of the litigation, and to serve the ends of 26 justice, a protective order for such information is justified in this matter. It is the 27 intent of the parties that information will not be designated as confidential for 28 tactical reasons and that nothing be so designated without a good faith belief that 1 it has been maintained in a confidential, non-public manner, and there is good 2 cause why it should not be part of the public record of this case. 3 3. UNDER SEAL FILING PROCEDURE 4 As set forth in Section 14.3, below, that this Stipulated Protective Order 5 does not entitle the Parties to file confidential information under seal; Local Civil 6 Rule 79-5 sets forth the procedures that must be followed and the standards that 7 will be applied when a party seeks permission from the court to file material under 8 seal. There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive 10 motions, good cause must be shown to support a filing under seal. See Kamakana 11 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 12 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 13 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 14 protective orders require good cause showing), and a specific showing of good 15 cause or compelling reasons with proper evidentiary support and legal 16 justification, must be made with respect to Protected Material that a party seeks to 17 file under seal. The parties’ mere designation of Disclosure or Discovery Material 18 as CONFIDENTIAL or otherwise does not— without the submission of 19 competent evidence by declaration, establishing that the material sought to be 20 filed under seal qualifies as confidential, privileged, or otherwise protectable— 21 constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, 23 then compelling reasons, not only good cause, for the sealing must be shown, and 24 the relief sought shall be narrowly tailored to serve the specific interest to be 25 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 26 2010). For each item or type of information, document, or thing sought to be filed 27 or introduced under seal, the party seeking protection must articulate compelling 28 reasons, supported by specific facts and legal justification, for the requested 1 sealing order. Again, competent evidence supporting the application to file 2 documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. 5 If documents can be redacted, then a redacted version for public viewing, omitting 6 only the confidential, privileged, or otherwise protectable portions of the document, 7 shall be filed. Any application that seeks to file documents under seal in their 8 entirety should include an explanation of why redaction is not feasible. 9 4. DEFINITIONS 10 4.1. Action: This pending federal lawsuit. 11 4.2. Challenging Party: a Party or Non-Party that challenges the 12 designation of information or items under this Order. 13 4.3. “CONFIDENTIAL” Information or Items: information 14 (regardless of how it is generated, stored or maintained) or tangible things that 15 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified 16 above in the Good Cause Statement. 17 4.4. Counsel: Outside Counsel of Record and House Counsel (as well 18 as their support staff). 19 4.5. Designating Party: a Party or Non-Party that designates 20 information or items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY.” 23 4.6. Disclosure or Discovery Material: all items or information, 24 regardless of the medium or manner in which it is generated, stored, or maintained 25 (including, among other things, testimony, transcripts, and tangible things), that are 26 produced or generated in disclosures or responses to discovery. 27 4.7. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 28 Information or Items: extremely sensitive “Confidential Information or Items,” 1 disclosure of which to another Party or Non-Party would create substantial risk of 2 serious harm that could not be avoided by less restrictive means and that qualify for 3 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 4 the Good Cause Statement. 5 4.8. Expert: a person with specialized knowledge or experience in a 6 matter pertinent to the litigation who has been retained by a Party or its counsel to 7 serve as an expert witness or as a consultant in this Action. 8 4.9. House Counsel: attorneys who are employees of a party to this 9 Action. House Counsel does not include Outside Counsel of Record or any other 10 outside counsel. 11 4.10. Non-Party: any natural person, partnership, corporation, 12 association or other legal entity not named as a Party to this action. 13 4.11. Outside Counsel of Record: attorneys who are not employees of a 14 party to this Action but are retained to represent a party to this Action and have 15 appeared in this Action on behalf of that party or are affiliated with a law firm that 16 has appeared on behalf of that party, and includes support staff. 17 4.12. Party: any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 4.13. Producing Party: a Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 4.14. Professional Vendors: persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 4.15. Protected Material: any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL ” or “HIGHLY CONFIDENTIAL – 28 ATTORNEYS’ EYES ONLY.” 1 4.16. Receiving Party: a Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 4.17. Domino’s Employee Information: all information that is provided by 4 Domino’s to Plaintiffs’ attorneys that identifies or can be used to identify a 5 particular individual, including without limitation, employee personnel records, 6 names, contact information, addresses, phone numbers, email addresses, employee 7 numbers, and social security numbers. Unless otherwise designated as 8 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY” Domino’s Employee Information does not include information provided 10 by Domino’s regarding Plaintiffs. 11 5. SCOPE 12 The protections conferred by this Stipulation and Order cover not only 13 Protected Material (as defined above), but also (1) any information copied or 14 extracted from Protected Material; (2) all copies, excerpts, summaries, or 15 compilations of Protected Material; and (3) any testimony, conversations, or 16 presentations by Parties or their Counsel that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the 18 trial judge and other applicable authorities. This Order does not govern the use of 19 Protected Material at trial. 20 6. DURATION 21 Even after final disposition of this litigation, the confidentiality obligations 22 imposed by this Order shall remain in effect until a Designating Party agrees 23 otherwise in writing or a court order otherwise directs. Final disposition shall be 24 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 25 or without prejudice; and (2) final judgment herein after the completion and 26 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 27 including the time limits for filing any motions or applications for extension of time 28 pursuant to applicable law. 1 2 7. DESIGNATING PROTECTED MATERIAL 3 7.1 Exercise of Restraint and Care in Designating Material for Protection. 4 Each Party or Non-Party that designates information or items for protection under 5 this Order must take care to limit any such designation to specific material that 6 qualifies under the appropriate standards. The Designating Party must designate for 7 protection only those parts of material, documents, items or oral or written 8 communications that qualify so that other portions of the material, documents, items 9 or communications for which protection is not warranted are not swept unjustifiably 10 within the ambit of this Order. 11 Mass, indiscriminate or routinized designations are prohibited. Designations 12 that are shown to be clearly unjustified or that have been made for an improper 13 purpose (e.g., to unnecessarily encumber the case development process or to impose 14 unnecessary expenses and burdens on other parties) may expose the Designating 15 Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that it 17 designated for protection do not qualify for protection, that Designating Party must 18 promptly notify all other Parties that it is withdrawing the inapplicable designation. 19 7.2 Manner and Timing of Designations. Except as otherwise provided in 20 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 21 that qualifies for protection under this Order must be clearly so designated before 22 the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY 28 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY 1 CONFIDENTIAL legend”), to each page that contains protected material. If only a 2 portion of the material on a page qualifies for protection, the Producing Party also 3 must clearly identify the protected portion(s) (e.g., by making appropriate markings 4 in the margins). 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 10 EYES ONLY.” After the inspecting Party has identified the documents it wants 11 copied and produced, the Producing Party must determine which documents, or 12 portions thereof, qualify for protection under this Order. Then, before producing the 13 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 14 or “HIGHLY CONFIDENTIAL legend” to each page that contains Protected 15 Material. If only a portion of the material on a page qualifies for protection, the 16 Producing Party also must clearly identify the protected portion(s) (e.g., by making 17 appropriate markings in the margins). 18 (b) for testimony given in depositions that the Designating Party 19 identifies the Disclosure or Discovery Material on the record, before the close of 20 the deposition all protected testimony. 21 (c) for information produced in some form other than documentary and 22 for any other tangible items, that the Producing Party affix in a prominent place on 23 the exterior of the container or containers in which the information is stored the 24 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 25 EYES ONLY.” If only a portion or portions of the information warrants protection, 26 the Producing Party, to the extent practicable, shall identify the protected portion(s). 27 Such designation will, without more, subject the information produced or 28 provided under said designation to the provisions of this Order. 1 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 If a Party inadvertently produces Protected Material without an appropriate 5 designation, the Producing Party shall give written notice of such inadvertent 6 production to the Receiving Party within twenty (20) days of discovering the 7 inadvertent production. The Producing Party shall also give the Receiving Party an 8 appropriately designated copy of the Protected Material. Upon receiving notice of 9 the inadvertent production, the Receiving Party shall promptly return the 10 inadvertently produced Protected Materials, along with all copies of such Protected 11 Material, and shall retain only the appropriately designated copy of the Protected 12 Material. 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 28 challenge. Any motion challenging a party’s designation of material as 1 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 2 ONLY” information or seeking to modify or amend the Proposed Protective must 3 be brought in strict compliance with Local Rules 37-1 and 37-2 (including the Joint 4 Stipulation requirement). 5 9. ACCESS TO AND USE OF PROTECTED MATERIAL 6 9.1 Basic Principles. A Receiving Party may use Protected Material 7 disclosed or produced by another Party or Non-Party in connection with this Action 8 only for prosecuting, defending or attempting to settle this Action. Such Protected 9 Material may be disclosed only to the categories of persons and under the conditions 10 described in this Order. When the Action has been terminated, a Receiving Party 11 must comply with the provisions of section 15 below (FINAL DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 9.2 Maintaining Security of CONFIDENTIAL Information or Items. The 16 Parties acknowledge discovery may include production of CONFIDENTIAL or 17 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 18 Items, including Domino’s Employee Information. Each Party receiving 19 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY” Information or Items through discovery shall have and maintain a 21 comprehensive, written Security Program for Confidential Materials that complies 22 with applicable law and industry best practices for as long as it accesses, stores, or 23 processes CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 24 EYES ONLY” Information or Items obtained through discovery. The Security 25 Program will include physical, administrative, and technical security controls that 26 prevent unauthorized access to, disclosure of, loss of, or use of produced 27 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 28 ONLY” Information or Items. The Receiving Party shall immediately notify the 1 Producing Party if produced Confidential Materials are subject to a “Security 2 Breach,” which means any suspected or actual unauthorized access, use, or 3 disclosure. The Receiving Party subject to a Security Breach will, at its own 4 expense, promptly investigate the cause and scope of the Security Breach, 5 preserve relevant evidence in a forensically-sound manner, and cooperate at its 6 own expense in every reasonable way to help mitigate potential misuse or further 7 unauthorized use or disclosure of the CONFIDENTIAL or “HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. If 9 requested by the Producing Party or if otherwise required by law, the Receiving 10 Party shall provide any legally-required notifications and protection services to 11 individuals whose CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY” Information or Items were involved in the Security 13 Breach, as well as to regulators, government authorities, consumer reporting 14 agencies, and media. The Receiving Party shall provide any such proposed 15 notifications to the Producing Party before sending them, if possible. The 16 Receiving Party shall be solely responsible for all costs and expenses associated 17 with investigating, notifying, mitigating the effects of, and remediating any 18 Security Breach. The Parties shall not disclose CONFIDENTIAL or “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to any 20 third party, except as expressly set forth herein, subject to legal requirements. 21 Plaintiffs’ attorneys will be responsible for ensuring that any Professional Vendors 22 or third parties retained by Plaintiffs or Plaintiffs’ attorneys that have access to 23 any CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY” Information or Items consistent with paragraph 9.3 below, have security 25 programs that meet the same requirements as set forth in this paragraph. 26 9.3 Domino’s Employee Information. To further ensure that Domino’s 27 Employee Information is adequately protected, the Parties agree that, at the outset 28 of Plaintiffs’ attorneys’ (or their designees’) first contact with each current or 1 former Domino’s employee whose contact information is provided by Domino’s 2 through discovery in this litigation, Plaintiffs’ attorneys (or their designees) will 3 inform each contacted individual that: (a) the decision whether to talk with 4 Plaintiffs’ attorneys (or their designees) is voluntary and the individual has the 5 right not to talk with Plaintiffs’ attorneys (or their designees); and (b) if he or she 6 elects not to talk to Plaintiffs’ attorneys (or their designees), Plaintiffs’ attorneys 7 (or their designees) will terminate the contact and not contact them again. 8 Plaintiffs’ attorneys (or their designees) will also inform each individual 9 that his or her refusal to speak with counsel will not prejudice his or her rights in 10 any way. 11 Plaintiffs’ attorneys (or their designees) will keep a list of all individuals 12 contacted and all individuals who make it known that they do not want to be 13 contacted and preserve that list. 14 9.4 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 19 well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House Counsel) of 22 the Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 disclosure is reasonably necessary for this Action and who have signed the 25 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 1 (f) professional jury or trial consultants, mock jurors, and Professional 2 Vendors to whom disclosure is reasonably necessary for this Action and who have 3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses, and attorneys for witnesses, in the 7 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 9 will not be permitted to keep any confidential information unless they sign the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 11 agreed by the Designating Party or ordered by the court. Pages of transcribed 12 deposition testimony or exhibits to depositions that reveal Protected Material may 13 be separately bound by the court reporter and may not be disclosed to anyone except 14 as permitted under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer and their supporting personnel, 16 mutually agreed upon by any of the parties engaged in settlement discussions. 17 9.5 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 18 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 19 in writing by the Designating Party, a Receiving Party may disclose any 20 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS; 21 EYES ONLY” to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action; 23 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 24 necessary for this litigation, (2) who have signed the “Acknowledgment 25 and Agreement to Be Bound” (Exhibit A), and (3) as to whom the 26 procedures set forth in paragraph 7.4(a)(2) below, have been followed; 27 (c) the Court and its personnel; 28 1 (d) Professional Vendors and their staff, professional jury or trial consultants, 2 and Professional Vendors to whom disclosure is reasonably necessary for 3 this litigation; and 4 (e) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the 6 information. 7 Notwithstanding any provision in this Protective Order, Designated Material 8 designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – 9 ATTORNEYS’ EYES ONLY” by a Defendant or Non-Party may not be disclosed 10 to House Counsel or business representatives of any other or business 11 representatives of any other Defendant or Non-Party (including in-house counsel 12 for any affiliates of that Defendant) without written consent of the Producing Party. 13 9.6 Procedures for Approving or Objecting to Disclosure of “HIGHLY 14 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items or 15 Experts. 16 (a) Unless otherwise ordered by the court or agreed to in writing by the 17 Designating Party, a Party that wishes to disclose to an Expert (as defined in this 18 Order) any information or item that has been designated “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) 20 must first make a written request to the Designating Party that (1) identifies the 21 general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY” information that the Receiving Party seeks permission to disclose to the 23 Expert, (2) sets forth the full name of the Expert and the city and state of his or her 24 primary residence, (3) attaches a copy of the Expert’s current resume, (4) 25 identifies the Expert’s current employer(s), (5) identifies each person or entity 26 form whom the Expert has received compensation or funding for work in his or 27 her areas of expertise or to whom the expert has provided professional services, 28 including in connection with a litigation, at any time during the preceding five 1 years1 and (6) identifies (by name and number for the case, filing date, and 2 location of court) any litigation in connection with which the Expert has offered 3 expert testimony, including through a declaration, report, testimony at a 4 deposition or trial, during the preceding five years.2 5 (b) A Party that makes a request and provides the information specified in the 6 preceding respective paragraph may disclose the subject Protected Material to the 7 identified Expert unless, within 14 days of delivering the request, the Party 8 receives a written objection from the Designating Party. Any such objection must 9 set forth in detail the grounds on which it is based. 10 (c) A Party that receives a timely written objection must meet and confer with 11 the Designating Party (through direct voice to voice dialogue) to try to resolve the 12 matter by agreement within seven days of the written objection. If no agreement is 13 reached, the Party seeking to make the disclosure to the Expert may file a motion 14 as provided in Local Civil Rule 37-1 through 37-4, seeking permission from the 15 court to do so. Any such motion must describe the circumstances with specificity, 16 set forth in detail the reasons why the disclosure to the Expert is reasonably 17 necessary, assess the risk of harm that the disclosure would entail, and suggest any 18 additional means that could be used to reduce that risk. In addition, any such 19 motion must be accompanied by a competent declaration describing the parties’ 20 efforts to resolve the matter by agreement (i.e., the extent and the content of the 21

22 1 If the Expert believes any of this information is subject to a confidentiality 23 obligation to a third-party, then the Expert should provide whatever information the Expert believes can be disclosed without violating any confidentiality 24 agreements, and the Party seeking to disclose to the Expert shall be available to 25 meet and confer with the Designating Party regarding any such engagement. 26 2 It may be appropriate in certain circumstances to request an Expert be restricted from undertaking certain limited work prior to the termination of the litigation that 27 could foreseeably result in an improper use of the Designating Party’s “HIGHLY 28 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information. 1 meet and confer discussions) and setting forth the reasons advanced by the 2 Designating Party for its refusal to approve the disclosure. 3 In any such proceeding, the Party opposing disclosure to the Expert shall bear 4 the burden of proving that the risk of harm that the disclosure would entail (under 5 the safeguards proposed) outweighs the Receiving Party’s need to disclose the 6 Protected Materials to its Expert. 7 10. PROTECTED MATERIAL SUBPOEANAED OR ORDERED 8 PRODUCED IN OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other 10 litigation that compels disclosure of any information or items designated in this 11 Action as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 12 EYES ONLY” that Party must: 13 (a) promptly notify in writing the Designating Party. Such notification 14 shall include a copy of the subpoena or court order; 15 (b) promptly notify in writing the party who caused the subpoena or order 16 to issue in the other litigation that some or all of the material covered by the 17 subpoena or order is subject to this Protective Order. Such notification shall include 18 a copy of this Stipulated Protective Order; and 19 (c) cooperate with respect to all reasonable procedures sought to be 20 pursued by the Designating Party whose Protected Material may be affected. 21 If the Designating Party timely seeks a protective order, the Party served with 22 the subpoena or court order shall not produce any information designated in this 23 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 24 EYES ONLY” before a determination by the court from which the subpoena or order 25 issued, unless the Party has obtained the Designating Party’s permission. The 26 Designating Party shall bear the burden and expense of seeking protection in that 27 court of its confidential material and nothing in these provisions should be construed 28 1 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 2 directive from another court. 3 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 4 PRODUCED IN THIS LITIGATION 5 (a) The terms of this Order are applicable to information produced by a 6 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by 8 Non-Parties in connection with this litigation is protected by the remedies and relief 9 provided by this Order. Nothing in these provisions should be construed as 10 prohibiting a Non-Party from seeking additional protections. 11 (b) In the event that a Party is required, by a valid discovery request, to 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (1) promptly notify in writing the Requesting Party and the Non-Party 16 that some or all of the information requested is subject to a 17 confidentiality agreement with a Non-Party; 18 (2) promptly provide the Non-Party with a copy of the Stipulated 19 Protective Order in this Action, the relevant discovery request(s), and 20 a reasonably specific description of the information requested; and 21 (3) make the information requested available for inspection by the Non- 22 Party, if requested. 23 (c) If the Non-Party fails to seek a protective order from this court within 24 14 days of receiving the notice and accompanying information, the Receiving Party 25 may produce the Non-Party’s confidential information responsive to the discovery 26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 27 not produce any information in its possession or control that is subject to the 28 confidentiality agreement with the Non-Party before a determination by the court. 1 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Protected Material to any person or in any circumstance not authorized under this 6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 9 or persons to whom unauthorized disclosures were made of all the terms of this 10 Order, and (d) request such person or persons to execute the “Acknowledgment an 11 Agreement to Be Bound” attached hereto as Exhibit A. 12 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWSE 13 PROTECTED MATERIAL 14 Inadvertent production of a document or other information subject to a 15 claim of privilege or attorney work product will not waive the privilege or the 16 attorney work product doctrine, subject to this paragraph. If a Producing Party 17 produces any material that the Producing Party thereafter claims to be privileged 18 or protected, the Producing Party will give notice thereof to the Receiving Party 19 in writing. Within five days, the material in question (and all notes and work 20 product quoting, referring or relating thereto) will then be returned to the 21 Producing Party, and the Receiving Party will certify that any and all copies have 22 been retrieved and destroyed. If the Receiving Party has disclosed the information 23 to others before being notified of the claim of privilege or protection, the 24 Receiving Party must take reasonable steps to retrieve and return or destroy the 25 disclosed information. The Receiving Party upon receiving a privilege log 26 identifying the document remains free to challenge any claim of privilege or 27 protection, but shall not make any claim that the production of the document 28 caused a waiver of any privilege or protection. Moreover, absent a ruling that the 1 document, data, or information at issue is not privileged or protected, a Receiving 2 Party may not disclose nor make any use whatsoever of the information disclosed 3 in or derived from the document or information at issue. If a Party or counsel for 4 a Party receives a document or other information that appears on its face to be 5 inadvertently produced and subject to a claim of privilege or attorney work 6 product, counsel for the Receiving Party will (i) inform counsel for the Producing 7 Party promptly after becoming aware of the disclosure; (ii) promptly return the 8 document or other information and all copies thereof; and (iii) promptly destroy 9 all notes and other documents containing any reference to, or use of, the 10 inadvertently produced information. 11 14. MISCELLANEOUS 12 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 14.2 Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order, no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 14.3 Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 21 only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material. If a Party’s request to file Protected Material under seal 23 is denied by the court, then the Receiving Party may file the information in the 24 public record unless otherwise instructed by the court. 25 15. FINAL DISPOSITION 26 After the final disposition of this Action, as defined in paragraph 6, within 60 27 days of a written request by the Designating Party, each Receiving Party must return 28 all Protected Material to the Producing Party or destroy such material. As used in 1 || this subdivision, “all Protected Material” includes all copies, abstracts, 2 || compilations, summaries, and any other format reproducing or capturing any of the 3 || Protected Material. Whether the Protected Material is returned or destroyed, the 4 || Receiving Party must submit a written certification to the Producing Party (and, if 5 || not the same person or entity, to the Designating Party) by the 60-day deadline that 6 || (1) identifies (by category, where appropriate) all the Protected Material that was 7 || returned or destroyed and (2) affirms that the Receiving Party has not retained any 8 || copies, abstracts, compilations, summaries or any other format reproducing or 9 || capturing any of the Protected Material. Notwithstanding this provision, Counsel 10 || are entitled to retain an archival copy of all pleadings, motion papers, trial, 11 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 12 || and trial exhibits, expert reports, attorney work product, and consultant and expert 13 |} work product, even if such materials contain Protected Material. Any such archival 14 || copies that contain or constitute Protected Material remain subject to this Protective 15 || Order as set forth in Section 6 (DURATION). 16 16. VIOLATION 17 Any violation of this Order may be punished by appropriate measures 18 || including, without limitation, contempt proceedings and/or monetary sanctions. 19 20 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 21 22 || Dated: June 2, 2025 LL 23

HN D. EARLY

24 nited States Magistrate-Sidge 25 26 27 28

OEREDT ATED AND PROTECTIVE ORPDER. OOOO