Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 1 of 15 Page ID #:349

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 JAMES VERNON LINCOLN Case No. CV 21-09850-DSF (SKx)

11 Plaintiff,

STIPULATED PROTECTIVE

12 v. ORDER

13 COSTCO WHOLESALE CORPORATION; JANE DOE; and 14 DOES 1 to 10, Inclusive,

15 Defendant. 16 17 1. A. PURPOSES AND LIMITATIONS 18

19 Discovery in this action is likely to involve production of confidential, 20 proprietary, or private information for which special protection from public 21 disclosure and from use for any purpose other than prosecuting this litigation may 22 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 23 enter the following Stipulated Protective Order. The parties acknowledge that this 24 Order does not confer blanket protections on all disclosures or responses to 25 discovery and that the protection it affords from public disclosure and use extends 26 only to the limited information or items that are entitled to confidential treatment 27 under the applicable legal principles. The parties further acknowledge, as set forth 28 4860-0726-7103.1 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 2 of 15 Page ID #:350

1 in Section 12.3 (Filing Protected Material), below, that this Stipulated Protective 2 Order does not entitle them to a file confidential information under seal; Civil Local 3 Rule 79-5 sets forth the procedures that must be followed and the standards that will 4 be applied when a party seeks permission from the court to file material under seal. 5 6 B. GOOD CAUSE STATEMENT 7 8 Good cause exists for this stipulated protective order because Costco's 9 policies and procedures documents contain proprietary information of Costco and 10 Costco only authorizes production of these proprietary documents subject to a 11 protective order. Costco would suffer harm if its proprietary policies and procedures 12 documents and surveillance video were disseminated. Such confidential and 13 proprietary materials and information consist of, among other things, confidential 14 business or financial information, information regarding confidential business 15 practices, or other confidential research, development, or commercial information 16 (including information implicating privacy rights of third parties), information 17 otherwise generally unavailable to the public, or which may be privileged or 18 otherwise protected from disclosure under state or federal statutes, court rules, case 19 decisions, or common law. Accordingly, to expedite the flow of information, to 20 facilitate the prompt resolution of disputes over confidentiality of discovery 21 materials, to adequately protect information the parties are entitled to keep 22 confidential, to ensure that the parties are permitted reasonable necessary uses of 23 such material in preparation for and in the conduct of trial, to address their handling 24 at the end of the litigation, and serve the ends of justice, a protective order for such 25 information is justified in this matter. It is the intent of the parties that information 26 will not be designated as confidential for tactical reasons and that nothing be so 27 designated without a good faith belief that it has been maintained in a confidential, 28 non-public manner, and there is good cause why it should not be part of the public 4860-0726-7103.1 2 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 3 of 15 Page ID #:351

1 record of this case. 2 3 2. DEFINITIONS 4 2.1 Action: James Vernon Lincoln v. Costco Wholesale Corporation; Jane 5 Doe; and Does 1 to 10, Inclusive; Case No. 2:21-cv-09850 DSF (SKx). 6 2.2 Challenging Party: a Party or Non-Party that challenges the 7 designation of information or items under this Order. 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 how it is generated, stored, or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 11 the Good Cause Statement. 12 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 13 their support staff). 14 2.5 Designating Party: a Party or Non-Party that designates information 15 or items that it produces in disclosures or in responses to discovery as 16 “CONFIDENTIAL.” 17 2.6 Disclosure or Discovery Material: all items or information, regardless 18 of the medium or manner in which it is generated, stored, or maintained (including, 19 among other things, testimony, transcripts, and tangible things), that are produced 20 or generated in disclosures or responses to discovery in this matter. 21 2.7 Expert: a person with specialized knowledge or experience in a matter 22 pertinent to the litigation who has been retained by a Party or its counsel to serve as 23 an expert witness or as a consultant in this Action. 24 2.8 House Counsel: attorneys who are employees of a party to this Action. 25 House Counsel does not include Outside Counsel of Record or any other outside 26 counsel. 27 2.9 Non-Party: any natural person, partnership, corporation, association, 28 or other legal entity not named as a Party to this action. 4860-0726-7103.1 3 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 4 of 15 Page ID #:352

1 2.10 Outside Counsel of Record: attorneys who are not employees of a 2 party to this Action but are retained to represent or advise a party to this Action and 3 have appeared in this Action on behalf of that party or are affiliated with a law firm 4 which has appeared on behalf of that party, including support staff. 5 2.11 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). 8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this Action. 10 2.13 Professional Vendors: persons or entities that provide litigation 11 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 2.14 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” 16 2.15 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only 21 Protected Material (as defined above), but also (1) any information copied or 22 extracted from Protected Material; (2) all copies, excerpts, summaries, or 23 compilations of Protected Material; and (3) any testimony, conversations, or 24 presentations by Parties or their Counsel that might reveal Protected Material. 25 Any use of Protected Material at trial shall be governed by the orders of the 26 trial judge. This Order does not govern the use of Protected Material at trial. 27 / / 28 / / 4860-0726-7103.1 4 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 5 of 15 Page ID #:353

1 4. DURATION 2 FINAL DISPOSITION of the action is defined as the conclusion of any 3 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 4 has run. Except as set forth below, the terms of this protective order apply through 5 FINAL DISPOSITION of the action. The parties may stipulate that the they will be 6 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 7 but will have to file a separate action for enforcement of the agreement once all 8 proceedings in this case are complete. 9 10 Once a case proceeds to trial, information that was designated as 11 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 12 as an exhibit at trial becomes public and will be presumptively available to all 13 members of the public, including the press, unless compelling reasons supported by 14 specific factual findings to proceed otherwise are made to the trial judge in advance 15 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 16 showing for sealing documents produced in discovery from “compelling reasons” 17 standard when merits-related documents are part of court record). Accordingly, for 18 such materials, the terms of this protective order do not extend beyond the 19 commencement of the trial. 20 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items, or oral or written 27 communications that qualify so that other portions of the material, documents, 28 items, or communications for which protection is not warranted are not swept 4860-0726-7103.1 5 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 6 of 15 Page ID #:354

1 unjustifiably within the ambit of this Order. 2 Mass, indiscriminate, or routinized designations are prohibited. Designations 3 that are shown to be clearly unjustified or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber the case development process or to impose 5 unnecessary expenses and burdens on other parties) may expose the Designating 6 Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the inapplicable designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in 11 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 20 contains protected material. If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings in the margins). 23 A Party or Non-Party that makes original documents available for 24 inspection need not designate them for protection until after the inspecting Party has 25 indicated which documents it would like copied and produced. During the 26 inspection and before the designation, all of the material made available for 27 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 28 identified the documents it wants copied and produced, the Producing Party must 4860-0726-7103.1 6 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 7 of 15 Page ID #:355

1 determine which documents, or portions thereof, qualify for protection under this 2 Order. Then, before producing the specified documents, the Producing Party must 3 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 4 If only a portion or portions of the material on a page qualifies for protection, the 5 Producing Party also must clearly identify the protected portion(s) (e.g., by making 6 appropriate markings in the margins). 7 (b) for testimony given in depositions that the Designating Party identify 8 the Disclosure or Discovery Material on the record, before the close of the 9 deposition all protected testimony. 10 (c) for information produced in some form other than documentary and 11 for any other tangible items, that the Producing Party affix in a prominent place on 12 the exterior of the container or containers in which the information is stored the 13 legend “CONFIDENTIAL.” If only a portion or portions of the information 14 warrants protection, the Producing Party, to the extent practicable, shall identify the 15 protected portion(s). 16 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive 18 the Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22 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 Civil Local Rule 37-1 et seq. 4860-0726-7103.1 7 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 8 of 15 Page ID #:356

1 6.3 The burden of persuasion in any such challenge proceeding shall be 2 on 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 7 is entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that 12 is disclosed or produced by another Party or by a Non-Party in connection with 13 this Action only for prosecuting, defending, or attempting to settle this Action. 14 Such Protected Material may be disclosed only to the categories of persons and 15 under the conditions described in this Order. When the Action has been 16 terminated, a Receiving Party must comply with the provisions of Section 13 below 17 (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at 19 a location and in a secure manner that ensures that access is limited to the 20 persons authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the Court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 26 well as employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this Action; 28 (b) the officers, directors, and employees (including House Counsel) of 4860-0726-7103.1 8 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 9 of 15 Page ID #:357

1 the Receiving Party to whom disclosure is reasonably necessary for this Action; 2 (c) Experts (as defined in this Order) of the Receiving Party to whom 3 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 Professional 8 Vendors to whom disclosure is reasonably necessary for this Action and who have 9 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (g) the author or recipient of a document containing the information or a 11 custodian or other person who otherwise possessed or knew the information; 12 (h) during their depositions, witnesses, and attorneys for witnesses, in 13 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 14 party requests that the witness sign the form attached as Exhibit A hereto; and (2) 15 they will not be permitted to keep any confidential information unless they sign the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 17 agreed by the Designating Party or ordered by the Court. Pages of transcribed 18 deposition testimony or exhibits to depositions that reveal Protected Material may 19 be separately bound by the court reporter and may not be disclosed to anyone except 20 as permitted under this Stipulated Protective Order; and 21 (i) any mediator or settlement officer, and their supporting personnel, 22 mutually agreed upon by any of the parties engaged in settlement discussions. 23 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 25 IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 28 “CONFIDENTIAL,” that Party must: 4860-0726-7103.1 9 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 10 of 15 Page ID #:358

1 (a) promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall include 6 a copy of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served with 10 the subpoena or court order shall not produce any information designated in this 11 action as “CONFIDENTIAL” before a determination by the court from which the 12 subpoena or order issued, unless the Party has obtained the Designating Party’s 13 permission. The Designating Party shall bear the burden and expense of seeking 14 protection in that court of its confidential material, and nothing in these provisions 15 should be construed as authorizing or encouraging a Receiving Party in this Action 16 to disobey a lawful directive from another court. 17 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 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 confidential information, then the Party shall: 4860-0726-7103.1 10 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 11 of 15 Page ID #:359

1 (1) promptly notify in writing the Requesting Party and the Non-Party 2 that some or all of the information requested is subject to a confidentiality agreement 3 with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the Non- 8 Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this Court within 10 14 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the Court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this Court of its Protected Material. 17 18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 20 Protected Material to any person or in any circumstance not authorized under this 21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 22 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 23 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 24 or persons to whom unauthorized disclosures were made of all the terms of this 25 Order, and (d) request such person or persons to execute the “Acknowledgment and 26 Agreement to Be Bound” that is attached hereto as Exhibit A. 27 / / 28 / / 4860-0726-7103.1 11 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 12 of 15 Page ID #:360

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other protection, 5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 7 procedure may be established in an e-discovery order that provides for production 8 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 9 (e), insofar as the parties reach an agreement on the effect of disclosure of a 10 communication or information covered by the attorney-client privilege or work 11 product protection, the parties may incorporate their agreement in the stipulated 12 protective order submitted to the Court. 13 14 12. MISCELLANEOUS 15 12.1 Right to Relief. Nothing in this Order abridges the right of any person 16 to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material at issue. If a Party’s request to file Protected Material 26 under seal is denied by the court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the court. 28 4860-0726-7103.1 12 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 13 of 15 Page ID #:361

1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in Section 4 3 (DURATION), within 60 days of a written request by the Designating Party, each 4 Receiving Party must return all Protected Material to the Producing Party or destroy 5 such material. As used in this subdivision, “all Protected Material” includes all 6 copies, abstracts, compilations, summaries, and any other format reproducing or 7 capturing any of the Protected Material. Whether the Protected Material is returned 8 or destroyed, the Receiving Party must submit a written certification to the 9 Producing Party (and, if not the same person or entity, to the Designating Party) by 10 the 60 day deadline that (1) identifies (by category, where appropriate) all the 11 Protected Material that was returned or destroyed; and (2) affirms that the Receiving 12 Party has not retained any copies, abstracts, compilations, summaries, or any other 13 format reproducing or capturing any of the Protected Material. Notwithstanding this 14 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 15 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 16 deposition and trial exhibits, expert reports, attorney work product, and consultant 17 and expert work product, even if such materials contain Protected Material. Any 18 such archival copies that contain or constitute Protected Material remain subject to 19 this Protective Order as set forth in Section 4 (DURATION). 20 21 14. Any violation of this Order may be punished by any and all appropriate 22 measures including, without limitation, contempt proceedings and/or 23 monetary sanctions. 24 / / 25 / / 26 / / 27 / / 28 / / 4860-0726-7103.1 13 Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 14o0f15 Page ID #:362

|] IT IS SOSTIPULATED, THROUGH COUNSEL OF RECORD. 3] DATED _§ fx +2 4 teiiBvvict#e , ; 6 Attorneys for Plaintiff 8! DATED: 9 //t/ 7 9 \, 10 X\ 11| Attorneys f Me, dant 12 “ 13| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 14 . 15 | DATED: __ May 12, 2022 16 17 —Sheer ig | Honorable Steve Kim ‘6 United States Magistrate Judge 20 21 22 23 24 25

26 27 28 4860-0726-7103.1 14

Case 2:21-cv-09850-DSF-SK Document 19 Filed 05/12/22 Page 15 of 15 Page ID #:363

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of James Vernon Lincoln v. Costco Wholesale Corporation, 9 et al., Case No. 2:21-cv-09850 DSF (SKx). I agree to comply with and to be bound 10 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 punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or type 20 full address and telephone number] as my California agent for service of process in 21 connection with this action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 4860-0726-7103.1 15