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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10 11 HERMELINDA LUNA, Case No. 2:18-cv-04830-GW-KS 12 ALEXANDRIA HANKS ON BEHALF

OF THE ESTATE OF TANIA D. [PROPOSED] AMENDED

13 HANKS, ETHEL HERRERA, STIPULATED PROTECTIVE

JEANETTE JONES, BECKY ORDER

14 CANZONERI, MARGARET REED and BRENDA VERSIC, Ctrm.: 9D 15 Judge: Hon. George H. Wu Plaintiffs, 16 v. 17 Trial Date: None JOHNSON & JOHNSON , JOHNSON Date Action Filed: March 6, 2018 18 & JOHNSON CONSUMER INC., AND DOES 1-25, inclusive, 19 Defendants. 20

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22 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based 23 on the parties’ Proposed Amended Stipulated Protective Order (“Stipulation”) 24 filed on August 29, 2019, the terms of the protective order to which the parties 25 have agreed are adopted as a protective order of this Court (which generally 26 shall govern the pretrial phase of this action) except to the extent, as set forth 27 below, that those terms have been modified by the Court’s amendment of 28 paragraphs III, IV, and VI of the Stipulation. 1 AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND 2 MODIFIED BY THE COURT1 3 I. PURPOSE 4 This Stipulated Protective Order (the “Order”) is entered into for the purpose 5 of facilitating the production of documents which may reflect the confidential 6 and/or proprietary information maintained by Orrick, Herrington & Sutcliffe, LLP 7 (“Orrick”), including, but not limited to, confidential negotiated fee rates between 8 Orrick, Johnson & Johnson (“J&J”), and Johnson & Johnson Consumer, Inc. 9 (“JJCI”). 10 II. DEFINITIONS 11 1. Action: the action listed in the above caption. 12 2. Party/Parties: any party to the Action. 13 3. Counsel: attorneys who are listed as counsel of record in the Action or 14 have entered appearances for one of the Parties to the Action, including, but not 15 limited to, attorneys who have been admitted via pro hac vice, inclusive of 16 paralegals and other support personnel at Counsels’ law firms who are actively 17 assisting with the Action. 18 4. Protected Material: any document which may reflect Orrick’s 19 confidential and/or proprietary billing information, including, but not limited to, the 20 confidential negotiated fee rates that Orrick charges J&J and/or JJCI for services 21 rendered in connection with this Action, which information has been designated as 22 “CONFIDENTIAL-ATTORNEY’S EYES ONLY”. 23 III. SCOPE 24 The protections conferred by this Order cover not only Protected Material (as 25 defined above), but also any information copied or extracted therefrom; as well as 26 all copies, excerpts, summaries, or compilations thereof, plus testimony, 27 1 The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold 28 typeface, and the Court’s deletions are indicated by lines through the text being deleted. 1 conversations, or presentations by Counsel in settings that might reveal Protected 2 Material. However, this Order shall not be construed to cause any Counsel to 3 produce or return their own attorney work product created in connection with the 4 Action. 5 Counsel shall maintain Tthe Protected Material shall be maintained on an 6 attorneys’ eyes only basis. Counsel who receives Protected Material may use the 7 Protected Material only in connection with the prosecution of, defense of, appeal of, 8 or the attempted settlement of the Action. Counsel may not use Tthe Protected 9 Material may not be used for any other purpose, including, without limitation, any 10 business or commercial purpose, or any purpose related to any other investigation, 11 proceeding or action. Counsel may disclose Protected Material may be disclosed 12 only to Counsel and may not be disclosed Protected Material to the Parties. 13 IV. LEGAL PROCESS 14 If at any time, any Protected Material is subpoenaed or requested by any 15 court, administrative or legislative body, or by any other person or entity, including 16 any governmental agency or other self-regulatory organization, purporting to have 17 authority to require the production thereof, the Party person to whom the subpoena 18 or request is directed shall promptly give written notice to Orrick and include with 19 such notice a copy of the subpoena or request. 20 If Counsel or a Party in this Action is served with a subpoena or order 21 by any court, administrative or legislative body, or any other person or entity 22 that compels disclosure of any information or items designated in this Action 23 as Protected Material, the person or entity served must: 24 (a) Promptly notify Orrick in writing and include a copy of the subpoena 25 or order at issue; 26 (b) Promptly notify in writing the party who caused the subpoena or 27 order to issue that some or all of the material covered by the 28 subpoena or order is subject to this Protective Order. Such a 1 notification shall include a copy of this Stipulated Protective Order; 2 and 3 (c) Cooperate with respect to all reasonable procedures sought to be 4 pursued by Orrick. 5 If Orrick timely seeks a protective order, the Party or Counsel served 6 with the subpoena or order at issue shall not produce any Protected Material 7 before a determination by the court, agency, or entity that issued the subpoena 8 or order, unless that Party or Counsel has obtained Orrick’s permission to do 9 so. Orrick, as the Designating Party, shall bear the burden and expense of 10 seeking protection in that court of Protected Material and nothing in these 11 provisions should be construed as authorizing or encouraging a Receiving 12 Party or Counsel in this Action to disobey a lawful directive from another 13 court, government agency, or administrative or legislative body. 14 The Party person to whom the subpoena or request is directed shall make all 15 reasonable good faith efforts to provide Orrick with a reasonable period of time in 16 which to seek to quash, limit or object to the subpoena or request, or to move for 17 any protection of the Protected Materials, before the Party person to whom the 18 subpoena or request is directed takes any action to comply with the subpoena or 19 request. In no event shall such Protected Materials be produced by a Party person 20 receiving a subpoena or request without providing Orrick with a reasonable period 21 of time in which to seek to quash, limit or object to the subpoena or request, or to 22 move for any protection of the Protected Materials, absent a Court order to do so or 23 as otherwise required by law. 24 V. DURATION 25 The confidentiality obligations imposed by this Order shall remain in effect 26 until Orrick agrees otherwise in writing or until this Court orders otherwise. 27 VI. FILING PROTECTED MATERIAL 28 In connection with any motion practice, filings or any matter relating to the 1 Action, should Counsel determine it must file or submit in writing to the Clerk’s 2 office any Protected Material, or any papers containing or making reference to the 3 substance of such material or information, Counsel shall file such documents or 4 portions thereof containing or making reference to such material or information 5 shall be filed with a request that the documents be filed under seal in accordance 6 with the rules of the Court, and kept under seal until further order of the Court. The 7 Parties are authorized hereunder to file a request that any Protected Materials and/or 8 portions thereof be filed under seal in accordance with this Order and the Court’s 9 practices. The request, or application, to seal shall comply with Local Rule 79- 10 5 and provide the requisite showing based on competent evidence of “good 11 cause” or “compelling reasons” for a court order allowing such material to be 12 filed under seal. 13 VII. FINAL DISPOSITION 14 Except as provided by law or unless otherwise ordered or agreed in writing 15 by Orrick, within sixty (60) calendar days after the voluntary dismissal of the 16 Action, (or if the Action is not voluntarily dismissed, final termination of the 17 Action, including any appeals), Counsel shall undertake commercially reasonable 18 efforts to return to Orrick all Protected Material or destroy all Protected Material. In 19 either case, Counsel shall provide Orrick with a certification stating that it has taken 20 commercially reasonable efforts to destroy or return the Protected Material. 21 Information saved on backup media in an electronically stored format will be 22 certified to have complied with the 60-day destruction period if Counsel has a data 23 destruction policy for the backup media resulting in the eventual destruction or 24 overwriting of the electronically stored information. 25 This Order shall survive the voluntary dismissal or final termination of the 26 Action, and this Court shall have continuing jurisdiction for enforcement of its 27 provisions. No part of the restrictions imposed by this Order may be waived or 28 terminated, except by written stipulation executed by Orrick, or by an Order of the 1 || Court for good cause shown. 2 | VIII. GOOD CAUSE STATEMENT 3 There is good cause for the entry of this protective order where the fees that 4 || Orrick charges to Defendants constitute proprietary pricing information that Orrick 5 || keeps confidential in the ordinary course of business. Disclosure of the specific 6 || pricing, which includes a negotiated fee arrangement would harm Orrick and 7 || adversely affect its ability to compete in the marketplace against other law firms. 8 || See E&J Gallo Winery v. Proximo Spirits, Inc., 2012 WL 1635190, at *1 (E.D. Cal. 9 || May 8, 2012) (holding “information [within invoices] detail[ed] confidential billing 10 || rate information, that, if became known would likely impact the law firm’s 11 || competitiveness’). 12 13 | IT IS SO ORDERED. 14 15 || Dated: August 30, 2019 qT oun ie ensansrn_ 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -6- PROTECTIVE ORDER