Case 2:21- cv-07291-FWS-AFM Document 49 Filed 10/05/22 Page 1 of 15 Page ID #:1328

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 SYED RIZWAN HASHMI, an ) Case No. 2:21-cv-07291-FWS-AFM individual, ) 12 ) Plaintiff, ) STIPULATED PROTECTIVE 13 ) ORDER vs. ) 14 ) MERCEDES-BENZ USA, LLC, a ) 15 Delaware Limited Liability ) Company, and DOES 1 through 10, ) 16 inclusive, ) ) 17 Defendants. ) ) 18 1. A. PURPOSES AND LIMITATIONS 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. 28 1 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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2 B. GOOD CAUSE STATEMENT

3 This action and the discovery at issue involve the disclosure of customer

4 personal identifying information and could involve trade secrets, and other

5 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, personal identifying information of other customers/third parties, vehicle

10 data relating to other consumers and derived from confidential and proprietary

11 systems of MBUSA, confidential business or financial information, information

12 regarding confidential business practices, or other confidential research,

13 development, or commercial information (including information implicating

14 privacy rights of third parties), information otherwise generally unavailable to the

15 public, or which may be privileged or otherwise protected from disclosure under

16 state or federal statutes, court rules, case decisions, or common law. Accordingly,

17 to expedite the flow of information, to facilitate the prompt resolution of disputes

18 over confidentiality of discovery materials, to adequately protect information the

19 parties are entitled to keep confidential, to ensure that the parties are permitted

20 reasonable necessary uses of such material in preparation for and in the conduct of

21 trial, to address their handling at the end of the litigation, and serve the ends of

22 justice, a protective order for such information is justified in this matter. It is the

23 intent of the parties that information will not be designated as confidential for

24 tactical reasons and that nothing be so designated without a good faith belief that it

25 has been maintained in a confidential, non-public manner, and there is good cause

26 why it should not be part of the public record of this case.

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28 2 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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2 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

3 SEAL

4 The parties further acknowledge, as set forth in Section 12.3, below, that this

5 Stipulated Protective Order does not entitle them to file confidential information

6 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

7 and the standards that will be applied when a party seeks permission from the court

8 to file material under seal.

9 There is a strong presumption that the public has a right of access to judicial

10 proceedings and records in civil cases. In connection with non-dispositive motions,

11 good cause must be shown to support a filing under seal. See Kamakana v. City

12 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

13 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony

14 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

15 orders require good cause showing), and a specific showing of good cause or

16 compelling reasons with proper evidentiary support and legal justification, must be

17 made with respect to Protected Material that a party seeks to file under seal. The

18 parties’ mere designation of Disclosure or Discovery Material as

19 CONFIDENTIAL does not—without the submission of competent evidence by

20 declaration, establishing that the material sought to be filed under seal qualifies as

21 confidential, privileged, or otherwise protectable—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 in connection with a dispositive motion or trial, the party

28 seeking protection must articulate compelling reasons, supported by specific facts 3 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 and legal justification, for the requested sealing order. Again, competent evidence

2 supporting the application to file documents under seal must be provided by

3 declaration.

4 Any document that is not confidential, privileged, or otherwise protectable

5 in its entirety will not be filed under seal if the confidential portions can be

6 redacted. If documents can be redacted, then a redacted version for public

7 viewing, omitting only the confidential, privileged, or otherwise protectable

8 portions of the document, shall be filed. Any application that seeks to file

9 documents under seal in their entirety should include an explanation of why

10 redaction is not feasible.

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12 2. DEFINITIONS

13 2.1 Action: [this pending action, Syed Rizwan Hashmi v. Mercedes-Benz

14 USA, LLC, Central District Court Case No. 2:21-cv-07291-AB-AFM.

15 2.2 Challenging Party: a Party that challenges the

16 designation of information or items under this Order.

17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

18 how it is generated, stored or maintained) or tangible things that qualify for

19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

20 the Good Cause Statement.

21 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

22 their support staff).

23 2.5 Designating Party: a Party or Non-Party that designates information or

24 items that it produces in disclosures or in responses to discovery as

25 “CONFIDENTIAL.”

26 2.6 Disclosure or Discovery Material: all items or information, regardless

27 of the medium or manner in which it is generated, stored, or maintained (including,

28 4 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 among other things, testimony, transcripts, and tangible things), that are produced

2 or generated in disclosures or responses to discovery in this matter.

3 2.7 Expert: a person with specialized knowledge or experience in a matter

4 pertinent to the litigation who has been retained by a Party or its counsel to serve

5 as an expert witness or as a consultant in this Action.

6 2.8 House Counsel: attorneys who are employees of a party to this Action.

7 House Counsel does not include Outside Counsel of Record or any other outside

8 counsel.

9 2.9 Non-Party: any natural person, partnership, corporation, association or

10 other legal entity not named as a Party to this action.

11 2.10 Outside Counsel of Record: attorneys who are not employees of a

12 party to this Action but are retained to represent or advise a party to this Action

13 and have appeared in this Action on behalf of that party or are affiliated with a law

14 firm that has appeared on behalf of that party, and includes support staff.

15 2.11 Party: any party to this Action, including all of its officers, directors,

16 employees, consultants, retained experts, and Outside Counsel of Record (and their

17 support staffs).

18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

19 Discovery Material in this Action.

20 2.13 Professional Vendors: persons or entities that provide litigation

21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or

22 demonstrations, and organizing, storing, or retrieving data in any form or medium)

23 and their employees and subcontractors.

24 2.14 Protected Material: any Disclosure or Discovery Material that is

25 designated as “CONFIDENTIAL.”

26 2.15 Receiving Party: a Party that receives Disclosure or Discovery

27 Material from a Producing Party.

28 5 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 3. SCOPE

2 The protections conferred by this Stipulation and Order cover not only

3 Protected Material (as defined above), but also (1) any information copied or

4 extracted from Protected Material; (2) all copies, excerpts, summaries, or

5 compilations of Protected Material; and (3) any testimony, conversations, or

6 presentations by Parties or their Counsel that might reveal Protected Material.

7 Any use of Protected Material at trial shall be governed by the orders of the

8 trial judge. This Order does not govern the use of Protected Material at trial.

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10 4. DURATION

11 Once a case proceeds to trial, information that was designated as

12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

13 as an exhibit at trial becomes public and will be presumptively available to all

14 members of the public, including the press, unless compelling reasons supported by

15 specific factual findings to proceed otherwise are made to the trial judge in advance

16 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

17 showing for sealing documents produced in discovery from “compelling reasons”

18 standard when merits-related documents are part of court record). Accordingly, the

19 terms of this protective order do not extend beyond the commencement of the trial.

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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

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28 6 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 communications that qualify so that other portions of the material, documents,

2 items or communications for which protection is not warranted are not swept

3 unjustifiably within the ambit of this Order.

4 Mass, indiscriminate or routinized designations are prohibited. Designations

5 that are shown to be clearly unjustified or that have been made for an improper

6 purpose (e.g., to unnecessarily encumber the case development process or to

7 impose unnecessary expenses and burdens on other parties) may expose the

8 Designating Party to sanctions.

9 If it comes to a Designating Party’s attention that information or items that it

10 designated for protection do not qualify for protection, that Designating Party must

11 promptly notify all other Parties that it is withdrawing the inapplicable designation.

12 5.2 Manner and Timing of Designations. Except as otherwise provided in

13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

15 under this Order must be clearly so designated before the material is disclosed or

16 produced.

17 Designation in conformity with this Order requires:

18 (a) for information in documentary form (e.g., paper or electronic

19 documents, but excluding transcripts of depositions or other pretrial or trial

20 proceedings), that the Producing Party affix at a minimum, the legend

21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

22 contains protected material. If only a portion of the material on a page qualifies for

23 protection, the Producing Party also must clearly identify the protected portion(s)

24 (e.g., by making appropriate markings in the margins).

25 A Party or Non-Party that makes original documents available for inspection

26 need not designate them for protection until after the inspecting Party has indicated

27 which documents it would like copied and produced. During the inspection and

28 before the designation, all of the material made available for inspection shall be 7 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

2 documents it wants copied and produced, the Producing Party must determine

3 which documents, or portions thereof, qualify for protection under this Order.

4 Then, before producing the specified documents, the Producing Party must affix

5 the “CONFIDENTIAL legend” to each page that contains Protected Material. If

6 only a portion of the material on a page qualifies for protection, the Producing

7 Party also must clearly identify the protected portion(s) (e.g., by making

8 appropriate markings in the margins).

9 (b) for testimony given in depositions that the Designating Party identifies

10 the Disclosure or Discovery Material on the record, before the close of the

11 deposition all protected testimony.

12 (c) for information produced in some form other than documentary and

13 for any other tangible items, that the Producing Party affix in a prominent place on

14 the exterior of the container or containers in which the information is stored the

15 legend “CONFIDENTIAL.” If only a portion or portions of the information

16 warrants protection, the Producing Party, to the extent practicable, shall identify

17 the protected portion(s).

18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

19 failure to designate qualified information or items does not, standing alone, waive

20 the Designating Party’s right to secure protection under this Order for such

21 material. Upon timely correction of a designation, the Receiving Party must make

22 reasonable efforts to assure that the material is treated in accordance with the

23 provisions of this Order.

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25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

26 6.1 Timing of Challenges. Any Party may challenge a

27 designation of confidentiality at any time that is consistent with the Court’s

28 Scheduling Order. 8 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

2 resolution process under Local Rule 37-1 et seq.

3 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

4 joint stipulation pursuant to Local Rule 37-2.

5 6.4 The burden of persuasion in any such challenge proceeding shall be on

6 the Designating Party. Frivolous challenges, and those made for an improper

7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

8 parties) may expose the Challenging Party to sanctions. Unless the Designating

9 Party has waived or withdrawn the confidentiality designation, all parties shall

10 continue to afford the material in question the level of protection to which it is

11 entitled under the Producing Party’s designation until the Court rules on the

12 challenge.

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14 7. ACCESS TO AND USE OF PROTECTED MATERIAL

15 7.1 Basic Principles. A Receiving Party may use Protected Material that is

16 disclosed or produced by another Party or by a Non-Party in connection with this

17 Action only for prosecuting, defending or attempting to settle this Action. Such

18 Protected Material may be disclosed only to the categories of persons and under

19 the conditions described in this Order. When the Action has been terminated, a

20 Receiving Party must comply with the provisions of section 13 below (FINAL

21 DISPOSITION).

22 Protected Material must be stored and maintained by a Receiving Party at a

23 location and in a secure manner that ensures that access is limited to the persons

24 authorized under this Order.

25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

26 otherwise ordered by the court or permitted in writing by the Designating Party, a

27 Receiving Party may disclose any information or item designated

28 “CONFIDENTIAL” only to: 9 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as

2 well as employees of said Outside Counsel of Record to whom it is reasonably

3 necessary to disclose the information for this Action;

4 (b) the officers, directors, and employees (including House Counsel)

5 of the Receiving Party to whom disclosure is reasonably necessary for this

6 Action;

7 (c) Experts (as defined in this Order) of the Receiving Party to whom

8 disclosure is reasonably necessary for this Action and who have signed the

9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

10 (d) the court and its personnel;

11 (e) court reporters and their staff;

12 (f) professional jury or trial consultants, mock jurors, and Professional

13 Vendors to whom disclosure is reasonably necessary for this Action and who have

14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

15 (g) the author or recipient of a document containing the information or

16 a custodian or other person who otherwise possessed or knew the

17 information;

18 (h) during their depositions, witnesses, and attorneys for witnesses, in

19 the Action to whom disclosure is reasonably necessary provided: (1) the

20 deposing party requests that the witness sign the form attached as Exhibit 1

21 hereto; and (2) they will not be permitted to keep any confidential

22 information unless they sign the “Acknowledgment and Agreement to Be

23 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

24 ordered by the court. Pages of transcribed deposition testimony or exhibits to

25 depositions that reveal Protected Material may be separately bound by the

26 court reporter and may not be disclosed to anyone except as permitted under

27 this Stipulated Protective Order; and

28 (i) any mediator or settlement officer, and their supporting personnel, 10 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 mutually agreed upon by any of the parties engaged in settlement discussions.

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4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

5 IN OTHER LITIGATION

6 If a Party is served with a subpoena or a court order issued in other litigation

7 that compels disclosure of any information or items designated in this Action as

8 “CONFIDENTIAL,” that Party must:

9 (a) promptly notify in writing the Designating Party. Such notification

10 shall include a copy of the subpoena or court order;

11 (b) promptly notify in writing the party who caused the subpoena or

12 order to issue in the other litigation that some or all of the material covered by the

13 subpoena or order is subject to this Protective Order. Such notification shall

14 include a copy of this Stipulated Protective Order; and

15 (c) cooperate with respect to all reasonable procedures sought to be

16 pursued by the Designating Party whose Protected Material may be affected.

17 If the Designating Party timely seeks a protective order, the Party served

18 with the subpoena or court order shall not produce any information designated in

19 this action as “CONFIDENTIAL” before a determination by the court from which

20 the subpoena or order issued, unless the Party has obtained the Designating Party’s

21 permission. The Designating Party shall bear the burden and expense of seeking

22 protection in that court of its confidential material and nothing in these provisions

23 should be construed as authorizing or encouraging a Receiving Party in this Action

24 to disobey a lawful directive from another court.

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26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

27 PRODUCED IN THIS LITIGATION

28 (a) The terms of this Order are applicable to information produced by a 11 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

2 produced by Non-Parties in connection with this litigation is protected by the

3 remedies and relief provided by this Order. Nothing in these provisions should be

4 construed as prohibiting a Non-Party from seeking additional protections.

5 (b) In the event that a Party is required, by a valid discovery request, to

6 produce a Non-Party’s confidential information in its possession, and the Party is

7 subject to an agreement with the Non-Party not to produce the Non-Party’s

8 confidential information, then the Party shall:

9 (1) promptly notify in writing the Requesting Party and the Non-Party

10 that some or all of the information requested is subject to a confidentiality

11 agreement with a Non-Party;

12 (2) promptly provide the Non-Party with a copy of the Stipulated

13 Protective Order in this Action, the relevant discovery request(s), and a reasonably

14 specific description of the information requested; and

15 (3) make the information requested available for inspection by the

16 Non-Party, if requested.

17 (c) If the Non-Party fails to seek a protective order from this court within

18 14 days of receiving the notice and accompanying information, the Receiving

19 Party may produce the Non-Party’s confidential information responsive to the

20 discovery request. If the Non-Party timely seeks a protective order, the Receiving

21 Party shall not produce any information in its possession or control that is subject

22 to the confidentiality agreement with the Non-Party before a determination by the

23 court. Absent a court order to the contrary, the Non-Party shall bear the burden and

24 expense of seeking protection in this court of its Protected Material.

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26 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

27 If a Receiving Party learns that, by inadvertence or otherwise, it has

28 disclosed Protected Material to any person or in any circumstance not authorized 12 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 under this Stipulated Protective Order, the Receiving Party must immediately (a)

2 notify in writing the Designating Party of the unauthorized disclosures, (b) use its

3 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

4 the person or persons to whom unauthorized disclosures were made of all the terms

5 of this Order, and (d) request such person or persons to execute the

6 Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

7 A.

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9 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

10 PROTECTED MATERIAL

11 When a Producing Party gives notice to Receiving Parties that certain

12 inadvertently produced material is subject to a claim of privilege or other

13 protection, the obligations of the Receiving Parties are those set forth in Federal

14 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

15 whatever procedure may be established in an e-discovery order that provides for

16 production without prior privilege review. Pursuant to Federal Rule of Evidence

17 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

18 of a communication or information covered by the attorney-client privilege or

19 work product protection, the parties may incorporate their agreement in the

20 stipulated protective order submitted to the court.

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22 12. MISCELLANEOUS

23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

24 person to seek its modification by the Court in the future.

25 12.2 Right to Assert Other Objections. By stipulating to the entry of this

26 Protective Order, no Party waives any right it otherwise would have to object to

27 disclosing or producing any information or item on any ground not addressed in

28 this Stipulated Protective Order. Similarly, no Party waives any right to object on 13 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

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1 any ground to use in evidence of any of the material covered by this Protective

2 Order.

3 12.3 Filing Protected Material. A Party that seeks to file under seal any

4 Protected Material must comply with Local Civil Rule 79-5. Protected Material

5 may only be filed under seal pursuant to a court order authorizing the sealing of the

6 specific Protected Material at issue. If a Party’s request to file Protected Material

7 under seal is denied by the court, then the Receiving Party may file the information

8 in the public record unless otherwise instructed by the court.

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10 13. FINAL DISPOSITION

11 After the final disposition of this Action, as defined in paragraph 4, within

12 60 days of a written request by the Designating Party, each Receiving Party must

13 return all Protected Material to the Producing Party or destroy such material. As

14 used in this subdivision, “all Protected Material” includes all copies, abstracts,

15 compilations, summaries, and any other format reproducing or capturing any of the

16 Protected Material. Whether the Protected Material is returned or destroyed, the

17 Receiving Party must submit a written certification to the Producing Party (and, if

18 not the same person or entity, to the Designating Party) by the 60 day deadline that

19 (1) identifies (by category, where appropriate) all the Protected Material that was

20 returned or destroyed and (2) affirms that the Receiving Party has not retained any

21 copies, abstracts, compilations, summaries or any other format reproducing or

22 capturing any of the Protected Material. Notwithstanding this provision, Counsel

23 are entitled to retain an archival copy of all pleadings, motion papers, trial,

24 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

25 and trial exhibits, expert reports, attorney work product, and consultant and expert

26 work product, even if such materials contain Protected Material. Any such archival

27 copies that contain or constitute Protected Material remain subject to this

28 Protective Order as set forth in Section 4 (DURATION). 14 ___________________________________________________________________________________________________________________________________________________________

STIPULATED PROTECTIVE ORDER

Case 2:21-cv-07291-FWS-AFM Document 49 Filed 10/05/22 Page 15of15 Page ID #:1342 4 14. VIOLATION 5 Any violation of this Order may be punished by appropriate measures 6 including, without limitation, contempt proceedings and/or monetary sanctions. 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 DATED: _ 10/4/22 10 11 /s/ Gregory Sogoyan D Gregory Sogoyan Kevin Y. Jacobson 13 Quill & Arrow, LLLP 14 | Attorneys for Plaintiff 15 6 | DATED: 10/42 17 18 /s/ Soheyl Tahsildoost Soheyl Tahsildoost 19 Theta Law Firm, LLP 9 | Attorneys for Defendant 21 9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 53 DATED: 10/5/2022 Gr Mock a, 25 26 —— TTT. od—sS 0 7 HON. ALEXANDER F. MacKINNON 3g United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER