Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 1 of 16 Page ID #:104

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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 PAULA ANTUNEZ, Case No.: 8;22-cv-01904-JWH-JDE 12 Plaintiff, 13 STIPULATED PROTECTIVE ORDER v. 14 DOLLAR TREE STORES, INC. and 15 DOES 1 To 25, inclusive,

16 Defendants.

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18 Pursuant to the Stipulation (Dkt. 12) by and between Plaintiff Paula Antunez 19 (“Plaintiff”) and Defendant Dollar Tree Stores, Inc. (“Defendant”), and for good cause 20 shown, the Court finds and orders as follows. 21 1. PURPOSES AND LIMITATIONS 22 Discovery in this action is likely to involve production of confidential, 23 proprietary or private information for which special protection from public disclosure 24 and from use for any purpose other than pursuing this litigation may be warranted. 25 Accordingly, the parties hereby stipulate to and petition the Court to enter the 26 following Stipulated Protective Order. The parties acknowledge that this Order does 27 not confer blanket protections on all disclosures or responses to discovery and that the 28 protection it affords from public disclosure and use extends only to the limited - 1 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc. Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 2 of 16 Page ID #:105

1 information or items that are entitled to confidential treatment under the applicable 2 legal principles. 3 2. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and other 5 valuable research, development, commercial, financial, technical and/or proprietary 6 information for which special protection from public disclosure and from use for any 7 purpose other than prosecution of this action is warranted. 8 In the instant matter, Defendant Dollar Tree Stores, Inc.’s Confidential 9 Documents contain proprietary and confidential trade secret information relating to 10 Defendant Dollar Tree Stores, Inc.’s business practices and its safety protocol. 11 Defendant Dollar Tree Stores, Inc. (“Defendant” or “Dollar Tree”) derives 12 independent economic value from maintaining the confidentiality of the policies and 13 procedures set forth in these Confidential Documents. 14 Defendant is a retailer in the home goods industry. The home goods industry is 15 very competitive. As a result of years of investing time and money in research and 16 investigation, Defendant developed the policies contained in the Confidential 17 Documents for the purposes of maintaining the security and accessibility of its 18 merchandise, providing quality customer service, and ensuring the safety of its 19 employees and customers. These policies and procedures, as memorialized in the 20 Confidential Documents, were created and generated by Dollar Tree for Dollar Tree, 21 and are used for the purposes of maintaining safety at its stores and creating efficient 22 and organized work environments for its employees. As a result, Defendant is able to 23 minimize the waste of any resources, which is a key factor in generating profitability 24 for its business. 25 Defendant derives economic value from maintaining the secrecy of its 26 Confidential Documents. If disclosed to the public, the trade secret information 27 contained in Defendant’s Confidential Documents would reveal Defendant’s internal 28 operations and could potentially be used by competitors as a means to compete for its - 2 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 3 of 16 Page ID #:106

1 customers, interfere with its business plans and thereby gain unfair business 2 advantages. If Defendant’s safety protocol were revealed to the general public, it 3 would hinder Defendant’s ability to effectively resolve and minimize liability claims, 4 and its goal of protecting its customers and employees from theft and other crimes. 5 Unrestricted or unprotected disclosure of such information would result in prejudice 6 or harm to Defendant by revealing Dollar Tree’s competitive confidential information, 7 which has been developed at the expense of Dollar Tree and which represents valuable 8 tangible and intangible assets. 9 Defendant’s employee/personnel files and records are confidential records, 10 subject to the privacy rights of the employees. Defendant’s employees have a 11 fundamentally protected right to privacy under both our state and federal Constitutions 12 which enjoys special safeguard from governmental interference. Cal. Const., art. I, §§ 13 1, 2, 3; U.S. Const., 1st Amend. California law provides protections for parties when 14 their private information is subpoenaed, even when the information sought is relevant 15 and not privileged. Defendant’s employee/personnel records and the information 16 contained therein, such as salary data, background checks, work history, health 17 insurance information, social security number, financial information including 18 sensitive tax information, and wage information are highly sensitive, the disclosure of 19 which would be an invasion of Defendant’s employees’ right of privacy. Such 20 employee/personnel files are maintained by Defendant Dollar Tree as confidential and 21 are not disclosed or otherwise made available to the general public. 22 Accordingly, to expedite the flow of information, to facilitate the prompt 23 resolution of disputes over confidentiality of discovery materials, to adequately protect 24 information the parties are entitled to keep confidential, to ensure that the parties are 25 permitted reasonable necessary uses of such material in preparation for and in the 26 conduct of trial, to address their handling at the end of the litigation, and serve the ends 27 of justice, a protective order for such information is justified in this matter. It is the 28 intent of the parties that information will not be designated as confidential for tactical - 3 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 4 of 16 Page ID #:107

1 reasons and that nothing be so designated without a good faith belief that it has been 2 maintained in a confidential, non-public manner, and there is good cause why it should 3 not be part of the public record of this case. 4 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 5 The parties further acknowledge, as set forth in Section 14.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information under 7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 8 standards that will be applied when a party seeks permission from the court to file 9 material under seal. There is a strong presumption that the public has a right of access 10 to judicial proceedings and records in civil cases. In connection with non-dispositive 11 motions, good cause must be shown to support a filing under seal. See Kamakana v. 12 City 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 orders 15 require good cause showing), and a specific showing of good cause or compelling 16 reasons with proper evidentiary support and legal justification, must be made with 17 respect to Protected Material that a party seeks to file under seal. The parties’ mere 18 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 19 without the submission of competent evidence by declaration, establishing that the 20 material sought to be filed under seal qualifies as confidential, privileged, or otherwise 21 protectable—constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, then 23 compelling reasons, not only good cause, for the sealing must be shown, and the relief 24 sought shall be narrowly tailored to serve the specific interest to be protected. See 25 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 26 or type of information, document, or thing sought to be filed or introduced under seal, 27 the party seeking protection must articulate compelling reasons, supported by specific 28 facts and legal justification, for the requested sealing order. Again, competent evidence - 4 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 5 of 16 Page ID #:108

1 supporting the application to file documents under seal must be provided by 2 declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in its 4 entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document, shall 7 be filed. Any application that seeks to file documents under seal in their entirety should 8 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 designation 12 of information or items under this Order. 13 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 14 how it is generated, stored or maintained) or tangible things that qualify for protection 15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 16 Statement. 17 4.4 Counsel: Outside Counsel of Record and House Counsel (and their 18 support staff). 19 4.5 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 4.6 Disclosure or Discovery Material: all items or information, regardless of 23 the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), produced or generated 25 in disclosures or responses to discovery. 26 4.7 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 an expert witness or as a consultant in this Action. - 5 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 6 of 16 Page ID #:109

1 4.8 House Counsel: attorneys who are employees of a party to this Action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 4.9 Non-Party: any natural person, partnership, corporation, association or 5 other legal entity not named as a Party to this action. 6 4.10 Outside Counsel of Record: attorneys who are not employees of a party 7 to this Action but are retained to represent a party to this Action and have appeared 8 herein on behalf of that party or are affiliated with a law firm that has appeared on 9 behalf of that party, and includes support staff. 10 4.11 Party: any party to this Action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 4.13 Professional Vendors: persons or entities that provide litigation support 16 services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 18 their employees and subcontractors. 19 4.14 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 5. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected 25 Material (as defined above), but also (1) any information copied or extracted from 26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 27 Material; and (3) any testimony, conversations, or presentations by Parties or their 28 Counsel that might reveal Protected Material. - 6 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 7 of 16 Page ID #:110

1 Any use of Protected Material at trial shall be governed by the orders of the trial 2 judge and other applicable authorities. This Order does not govern the use of Protected 3 Material at trial. 4 6. DURATION 5 Once a case proceeds to trial, information that was designated as 6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 7 as an exhibit at trial becomes public and will be presumptively available to all 8 members of the public, including the press, unless compelling reasons supported by 9 specific factual findings to proceed otherwise are made to the trial judge in advance of 10 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing 11 for sealing documents produced in discovery from “compelling reasons” standard 12 when merits-related documents are part of court record). Accordingly, the terms of 13 this protective order do not extend beyond the commencement of the trial. 14 7. DESIGNATING PROTECTED MATERIAL 15 7.1 Exercise of Restraint and Care in Designating Material for 16 Protection. Each Party or Non-Party that designates information or items 17 for protection under this Order must take care to limit any such designation to specific 18 material that qualifies under the appropriate standards. The Designating Party must 19 designate for protection only those parts of material, documents, items or oral or 20 written communications that qualify so that other portions of the material, documents, 21 items or communications for which protection is not warranted are not swept 22 unjustifiably within the ambit of this Order. 23 Mass, indiscriminate or routinized designations are prohibited. Designations 24 that are shown to be clearly unjustified or that have been made for an improper purpose 25 (e.g., to unnecessarily encumber the case development process or to impose 26 unnecessary expenses and burdens on other parties) may expose the Designating Party 27 to sanctions. 28 - 7 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 8 of 16 Page ID #:111

1 If it comes to a Designating Party’s attention that information or items that it 2 designated for protection do not qualify for protection, that Designating Party must 3 promptly notify all other Parties that it is withdrawing the inapplicable designation. 4 7.2 Manner and Timing of Designations. Except as otherwise provided in this 5 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 6 qualifies for protection under this Order must be clearly so designated before the 7 material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, 10 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 11 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 12 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 13 portion of the material on a page qualifies for protection, the Producing Party also must 14 clearly identify the protected portion(s) (e.g., by making appropriate markings). 15 A Party or Non-Party that makes original documents available for inspection 16 need not designate them for protection until after the inspecting Party has indicated 17 which documents it would like copied and produced. During the inspection and before 18 the designation, all of the material made available for inspection shall be deemed 19 “CONFIDENTIAL.” After the inspecting Party has identified the documents, it wants 20 copied and produced, the Producing Party must determine which documents, or 21 portions thereof, qualify for protection under this Order. Then, before producing the 22 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 23 to each page that contains Protected Material. If only a portion of the material on a 24 page qualifies for protection, the Producing Party also must clearly identify the 25 protected portion(s) (e.g., by making appropriate markings in the margins). 26 (b) for testimony given in depositions that the Designating Party identifies the 27 Disclosure or Discovery Material on the record, before the close of the deposition all 28 protected testimony. - 8 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 9 of 16 Page ID #:112

1 (c) for information produced in some form other than documentary and for any 2 other tangible items, that the Producing Party affix in a prominent place on the exterior 3 of the container in which the information is stored the legend “CONFIDENTIAL.” If 4 only a portion or portions of the information warrants protection, the Producing Party, 5 to the extent practicable, shall identify the protected portion(s). 6 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 7 failure to designate qualified information or items does not, standing alone, waive the 8 Designating Party’s right to secure protection under this Order for such material. Upon 9 timely correction of a designation, the Receiving Party must make reasonable efforts 10 to assure that the material is treated in accordance with the provisions of this Order. 11 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 12 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 13 designation of confidentiality at any time that is consistent with the Court’s Scheduling 14 Order. 15 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 resolution process under Local Rule 37-1 et seq. 17 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 18 stipulation pursuant to Local Rule 37-2. 19 8.4 The burden of persuasion in any such challenge proceeding shall be on the 20 Designating Party. Frivolous challenges, and those made for an improper purpose 21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 22 expose the Challenging Party to sanctions. Unless the Designating Party has waived 23 or withdrawn the confidentiality designation, all parties shall continue to afford the 24 material in question the level of protection to which it is entitled under the Producing 25 Party’s designation until the Court rules on the challenge. 26 9. ACCESS TO AND USE OF PROTECTED MATERIAL 27 9.1 Basic Principles. A Receiving Party may use Protected Material that is 28 disclosed or produced by another Party or by a Non-Party in connection with this - 9 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 10 of 16 Page ID #:113

1 Action only for prosecuting, defending or attempting to settle this Action. Such 2 Protected Material may be disclosed only to the categories of persons and under the 3 conditions described in this Order. When the Action has been terminated, a Receiving 4 Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 13 employees of said Outside Counsel of Record to whom it is reasonably necessary to 14 disclose the information for this Action; 15 (b) the officers, directors, and employees (including House Counsel) of the 16 Receiving Party to whom disclosure is reasonably necessary for this Action; 17 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 18 is reasonably necessary for this Action and who have signed the “Acknowledgment 19 and Agreement to Be Bound” (Exhibit A); 20 (d) the court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 23 to whom disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (g) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information; 27 (h) during their depositions, witnesses, and attorneys for witnesses, in the 28 Action to whom disclosure is reasonably necessary provided: (1) the deposing party - 10 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 11 of 16 Page ID #:114

1 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 2 not be permitted to keep any confidential information unless they sign the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 4 by the Designating Party or ordered by the court. Pages of transcribed deposition 5 testimony or exhibits to depositions that reveal Protected Material may be separately 6 bound by the court reporter and may not be disclosed to anyone except as permitted 7 under this Stipulated Protective Order; and 8 (i) any mediators or settlement officers and their supporting personnel, mutually 9 agreed upon by any of the parties engaged in settlement discussions. 10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 11 PRODUCED IN OTHER LITIGATION 12 If a Party is served with a subpoena or a court order issued in other litigation 13 that compels disclosure of any information or items designated in this Action as 14 “CONFIDENTIAL,” that Party must: 15 (a) promptly notify in writing the Designating Party. Such notification shall 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 issue in the other litigation that some or all of the material covered by the subpoena or 19 order is subject to this Protective Order. Such notification shall include a copy of this 20 Stipulated Protective Order; and 21 (c) cooperate with respect to all reasonable procedures sought to be pursued by 22 the Designating Party whose Protected Material may be affected. If the Designating 23 Party timely seeks a protective order, the Party served with the subpoena or court order 24 shall not produce any information designated in this action as “CONFIDENTIAL” 25 before a determination by the court from which the subpoena or order issued, unless 26 the Party has obtained the Designating Party’s permission. The Designating Party shall 27 bear the burden and expense of seeking protection in that court of its confidential 28 material and nothing in these provisions should be construed as authorizing or - 11 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 12 of 16 Page ID #:115

1 encouraging a Receiving Party in this Action to disobey a lawful directive from 2 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 Non- 6 Party in this Action and designated as “CONFIDENTIAL.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the remedies 8 and relief provided by this Order. Nothing in these provisions should be construed as 9 prohibiting a Non-Party from seeking additional protections. 10 (b) In the event that a Party is required, by a valid discovery request, to produce 11 a Non-Party’s confidential information in its possession, and the Party is subject to an 12 agreement with the Non-Party not to produce the Non-Party’s confidential 13 information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality agreement 16 with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this Action, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the Non- 21 Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 14 23 days of receiving the notice and accompanying information, the Receiving Party may 24 produce the Non-Party’s confidential information responsive to the discovery request. 25 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 26 any information in its possession or control that is subject to the confidentiality 27 agreement with the Non-Party before a determination by the court. Absent a court 28 - 12 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 13 of 16 Page ID #:116

1 order to the contrary, the Non-Party shall bear the burden and expense of seeking 2 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 or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment an Agreement 11 to Be Bound” attached hereto as Exhibit A. 12 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the obligations 16 of the Receiving Parties are those set forth in Federal Rule of Civil\ Procedure 17 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 18 established in an e-discovery order that provides for production without prior privilege 19 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties 20 reach an agreement on the effect of disclosure of a communication or information 21 covered by the attorney-client privilege or work product protection, the parties may 22 incorporate their agreement in the stipulated protective order submitted to the court. 23 14. MISCELLANEOUS 24 14.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the Court in the future. 26 14.2 Right to Assert Other Objections. By stipulating to the entry of this 27 Protective Order, no Party waives any right it otherwise would have to object to 28 disclosing or producing any information or item on any ground not addressed in this - 13 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 14 of 16 Page ID #:117

1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 14.3 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 may 5 only be filed under seal pursuant to a court order authorizing the sealing of the specific 6 Protected Material. If a Party’s request to file Protected Material under seal is denied 7 by the court, then the Receiving Party may file the information in the public record 8 unless otherwise instructed by the court. 9 15. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 6, within 60 11 days of a written request by the Designating Party, each Receiving Party must return 12 all Protected Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 16 must submit a written certification to the Producing Party (and, if not the same person 17 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by 18 category, where appropriate) all the Protected Material that was returned or destroyed 19 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 20 compilations, summaries or any other format reproducing or capturing any of the 21 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 22 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 23 legal memoranda, correspondence, deposition and trial exhibits, expert reports, 24 attorney work product, and consultant and expert work product, even if such materials 25 contain Protected Material. Any such archival copies that contain or constitute 26 Protected Material remain subject to this Protective Order as set forth in Section 6 27 (DURATION). 28 / / / - 14 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

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1 16. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3}| without limitation, contempt proceedings and/or monetary sanctions. 5|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. "|| DATED: December 02, 2022 9 / 10 JQHSVD. EARLY |

1 ted States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- STIPULATED PROTECTIVE ORDER v, Dollar Tree Stores, Ie Case No.: 8;22-cv-01904-JWH-JDE

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, [print or type full name], of 4 _______________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on December 2, 2022, in the case of Paula Antunez v. 8 Dollar Tree Stores, Inc., Case No. 8;22-cv-01904-JWH-JDE. I agree to comply with 9 and to be bound by all the terms of this Stipulated Protective Order and I understand 10 and acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective Order 13 to any person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. 18 I hereby appoint [print or type full 19 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 Printed name: _______________________________ 26

27 Signature: __________________________________ 28 - 16 -

STIPULATED PROTECTIVE ORDER

Antunez v. Dollar Tree Stores, Inc.

Case No.: 8;22-cv-01904-JWH-JDE