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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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11 SYDNEY KEDERIS, an individual, CASE NO.: 2:21-cv-05154-MCS(GJSx) [Removal from Superior Court of California, Los Angeles, 12 Plaintiff, Case No.: 20STCV06835]

13 vs. District Judge Mark C. Scarsi Magistrate Judge Gail J. Standish 14 CAREMARKPCS PENNSYLVANIA MAIL PHARMACY, L.L.C., and 15 DOES 1 through 100, inclusive, [PROPOSED] ORDER REGARDING:

STIPULATED PROTECTIVE ORDER

16 Defendants.

17 4THAC FILED: September 06, 2022 TAC FILED: March 18, 2022 18 SAC FILED: September 07, 2021 FAC FILED: March 08, 2021 19 ACTION FILED: February 19, 2020

20 1. A. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, proprietary 22 or private information for which special protection from public disclosure and from use 23 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the 24 parties hereby stipulate to and petition the Court to enter the following Stipulated 25 Protective Order. The parties acknowledge that this Order does not confer blanket 26 protections on all disclosures or responses to discovery and that the protection it affords 27 from public disclosure and use extends only to the limited information or items that are 28 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer and pricing lists and other 3 valuable research, development, commercial, financial, technical and/or proprietary 4 information for which special protection from public disclosure and from use for any 5 purpose other than prosecution of this action is warranted. Such confidential and 6 proprietary materials and information consist of, among other things, confidential business 7 or financial information, information regarding confidential business practices, or other 8 confidential research, development, or commercial information (including information 9 implicating privacy rights of third parties), information otherwise generally unavailable to 10 the public, or which may be privileged or otherwise protected from disclosure under state 11 or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite 12 the flow of information, to facilitate the prompt resolution of disputes over confidentiality 13 of discovery materials, to adequately protect information the parties are entitled to keep 14 confidential, to ensure that the parties are permitted reasonable necessary uses of such 15 material in preparation for and in the conduct of trial, to address their handling at the end 16 of the litigation, and serve the ends of justice, a protective order for such information is 17 justified in this matter. It is the intent of the parties that information will not be designated 18 as confidential for tactical reasons and that nothing be so designated without a good faith 19 belief that it has been maintained in a confidential, non-public manner, and there is good 20 cause why it should not be part of the public record of this case. 21 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 22 The parties further acknowledge, as set forth in Section 12.3, below, that this 23 Stipulated Protective Order does not entitle them to file confidential information under 24 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 25 standards that will be applied when a party seeks permission from the court to file material 26 under seal. 27 There is a strong presumption that the public has a right of access to judicial 28 proceedings and records in civil cases. In connection with non-dispositive motions, good 1 cause must be shown to support a filing under seal. See Kamakana v. City and County of 2 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 3 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 4 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a 5 specific showing of good cause or compelling reasons with proper evidentiary support and 6 legal justification, must be made with respect to Protected Material that a party seeks to 7 file under seal. The parties’ mere designation of Disclosure or Discovery Material as 8 CONFIDENTIAL does not—without the submission of competent evidence by 9 declaration, establishing that the material sought to be filed under seal qualifies as 10 confidential, privileged, or otherwise protectable—constitute good cause. 11 Further, if a party requests sealing related to a dispositive motion or trial, then 12 compelling reasons, not only good cause, for the sealing must be shown, and the relief 13 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos 14 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type 15 of information, document, or thing sought to be filed or introduced under seal in 16 connection with a dispositive motion or trial, the party seeking protection must articulate 17 compelling reasons, supported by specific facts and legal justification, for the requested 18 sealing order. Again, competent evidence supporting the application to file documents 19 under seal must be provided by declaration. 20 Any document that is not confidential, privileged, or otherwise protectable in its 21 entirety will not be filed under seal if the confidential portions can be redacted. If 22 documents can be redacted, then a redacted version for public viewing, omitting only the 23 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 24 Any application that seeks to file documents under seal in their entirety should include an 25 explanation of why redaction is not feasible. 26 2. DEFINITIONS 27 2.1 Action: this pending federal lawsuit with case number 2:21-cv-05154- 28 MCS(GJSx). 1 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 2 information or items under this Order. 3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it 4 is generated, stored or maintained) or tangible things that qualify for protection under 5 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 6 Statement. 7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 8 support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or items 10 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 11 2.6 Disclosure or Discovery Material: all items or information, regardless of the 12 medium or manner in which it is generated, stored, or maintained (including, among other 13 things, testimony, transcripts, and tangible things), that are produced or generated in 14 disclosures or responses to discovery in this matter. 15 2.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 17 expert witness or as a consultant in this Action. 18 2.8 House Counsel: attorneys who are employees of a party to this Action. 19 House Counsel does not include Outside Counsel of Record or any other outside counsel. 20 2.9 Non-Party: any natural person, partnership, corporation, association or other 21 legal entity not named as a Party to this action. 22 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 23 this Action but are retained to represent or advise a party to this Action and have appeared 24 in this Action on behalf of that party or are affiliated with a law firm that has appeared on 25 behalf of that party, and includes support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 28 support staffs). 1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 2 Material in this Action. 3 2.13 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 6 their employees and subcontractors. 7 2.14 Protected Material: any Disclosure or Discovery Material that is designated 8 as “CONFIDENTIAL.” 9 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from 10 a Producing Party. 11 3. SCOPE 12 The protections conferred by this Stipulation and Order cover not only Protected 13 Material (as defined above), but also (1) any information copied or extracted from 14 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 15 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 16 that might reveal Protected Material. 17 Any use of Protected Material at trial shall be governed by the orders of the trial 18 judge. This Order does not govern the use of Protected Material at trial. 19 4. DURATION 20 FINAL DISPOSITION of the action is defined as the conclusion of any appellate 21 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run. Except 22 as set forth below, the terms of this protective order apply through FINAL DISPOSITION 23 of the action. The parties may stipulate that they will be contractually bound by the terms 24 of this agreement beyond FINAL DISPOSITION, but will have to file a separate action 25 for enforcement of the agreement once all proceedings in this case are complete. 26 Once a case proceeds to trial, information that was designated as CONFIDENTIAL 27 or maintained pursuant to this protective order used or introduced as an exhibit at trial 28 becomes public and will be presumptively available to all members of the public, 1 including the press, unless compelling reasons supported by specific factual findings to 2 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 3 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents produced in 4 discovery from “compelling reasons” standard when merits-related documents are part of 5 court record). Accordingly, for such materials, the terms of this protective order do not 6 extend beyond the commencement of the trial. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 9 Party or Non-Party that designates information or items for protection under this Order 10 must take care to limit any such designation to specific material that qualifies under the 11 appropriate standards. The Designating Party must designate for protection only those 12 parts of material, documents, items or oral or written communications that qualify so that 13 other portions of the material, documents, items or communications for which protection 14 is not warranted are not swept unjustifiably within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations that 16 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 17 to unnecessarily encumber the case development process or to impose unnecessary 18 expenses and burdens on other parties) may expose the Designating Party to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 5.2 Manner and Timing of Designations. Except as otherwise provided in this 23 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 24 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 25 must be clearly so designated before the material is disclosed or produced. 26 Designation in conformity with this Order requires: 27 (a) for information in documentary form (e.g., paper or electronic 28 documents, but excluding transcripts of depositions or other pretrial or 1 trial proceedings), that the Producing Party affix at a minimum, the 2 legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), 3 to each page that contains protected material. If only a portion of the 4 material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making 6 appropriate markings in the margins). A Party or Non-Party that makes 7 original documents available for inspection need not designate them for 8 protection until after the inspecting Party has indicated which 9 documents it would like copied and produced. During the inspection 10 and before the designation, all of the material made available for 11 inspection shall be deemed “CONFIDENTIAL.” After the inspecting 12 Party has identified the documents it wants copied and produced, the 13 Producing Party must determine which documents, or portions thereof, 14 qualify for protection under this Order. Then, before producing the 15 specified documents, the Producing Party must affix the 16 “CONFIDENTIAL legend” to each page that contains Protected 17 Material. If only a portion of the material on a page qualifies for 18 protection, the Producing Party also must clearly identify the protected 19 portion(s) (e.g., by making appropriate markings in the margins). 20 (b) for testimony given in depositions that the Designating Party identifies 21 the Disclosure or Discovery Material on the record, before the close of 22 the deposition all protected testimony. 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent 25 place on the exterior of the container or containers in which the 26 information is stored the legend “CONFIDENTIAL.” If only a portion 27 or portions of the information warrants protection, the Producing Party, 28 to the extent practicable, shall identify the protected portion(s). 1 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 2 to designate qualified information or items does not, standing alone, waive the Designating 3 Party’s right to secure protection under this Order for such material. Upon timely 4 correction of a designation, the Receiving Party must make reasonable efforts to assure 5 that the material is treated in accordance with the provisions of this Order. 6 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 7 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 8 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 10 process under Local Rule 37.1 et seq. 11 6.3 The burden of persuasion in any such challenge proceeding shall be on the 12 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 13 to harass or impose unnecessary expenses and burdens on other parties) may expose the 14 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 15 the confidentiality designation, all parties shall continue to afford the material in question 16 the level of protection to which it is entitled under the Producing Party’s designation until 17 the Court rules on the challenge. 18 7. ACCESS TO AND USE OF PROTECTED MATERIAL 19 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this Action 21 only for prosecuting, defending or attempting to settle this Action. Such Protected 22 Material may be disclosed only to the categories of persons and under the conditions 23 described in this Order. When the Action has been terminated, a Receiving Party must 24 comply with the provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a location and 26 in a secure manner that ensures that access is limited to the persons authorized under this 27 Order. 28 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 1 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 2 may disclose any information or item designated “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 4 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 5 disclose the information for this Action; 6 (b) the officers, directors, and employees (including House Counsel) of the 7 Receiving Party to whom disclosure is reasonably necessary for this Action; 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional Vendors 14 to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (g) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action 19 to whom disclosure is reasonably necessary provided: (1) the deposing party 20 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 21 they will not be permitted to keep any confidential information unless they 22 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 23 otherwise agreed by the Designating Party or ordered by the court. Pages of 24 transcribed deposition testimony or exhibits to depositions that reveal 25 Protected Material may be separately bound by the court reporter and may 26 not be disclosed to anyone except as permitted under this Stipulated 27 Protective Order; and 28 (i) any mediator or settlement officer, and their supporting personnel, mutually 1 agreed upon by any of the parties engaged in settlement discussions. 2 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 3 OTHER LITIGATION 4 If a Party is served with a subpoena or a court order issued in other litigation that 5 compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL,” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to 10 issue in the other litigation that some or all of the material covered by the subpoena or 11 order is subject to this Protective Order. Such notification shall include a copy of this 12 Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued 14 by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the 16 subpoena or court order shall not produce any information designated in this action as 17 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 18 issued, unless the Party has obtained the Designating Party’s permission. The Designating 19 Party shall bear the burden and expense of seeking protection in that court of its 20 confidential material and nothing in these provisions should be construed as authorizing 21 or encouraging a Receiving Party in this Action to disobey a lawful directive from another 22 court. 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 24 THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the remedies 28 and relief provided by this Order. Nothing in these provisions should be construed as 1 prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is subject 4 to an agreement with the Non-Party not to produce the Non-Party’s confidential 5 information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non- 7 Party that some or all of the information requested is subject to a confidentiality agreement 8 with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific 11 description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party may 16 produce the Non-Party’s confidential information responsive to the discovery request. If 17 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 18 information in its possession or control that is subject to the confidentiality agreement 19 with the Non-Party before a determination by the court. Absent a court order to the 20 contrary, the Non-Party shall bear the burden and expense of seeking protection in this 21 court of its Protected Material. 22 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 26 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 27 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 28 unauthorized disclosures were made of all the terms of this Order, and (d) request such 1 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 2 attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain inadvertently 6 produced material is subject to a claim of privilege or other protection, the obligations of 7 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 8 This provision is not intended to modify whatever procedure may be established in an e- 9 discovery order that provides for production without prior privilege review. Pursuant to 10 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 11 effect of disclosure of a communication or information covered by the attorney-client 12 privilege or work product protection, the parties may incorporate their agreement in the 13 stipulated protective order submitted to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further 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 disclosing 19 or producing any information or item on any ground not addressed in this Stipulated 20 Protective Order. Similarly, no Party waives any right to object on any ground to use in 21 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 Protected 23 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 24 under seal pursuant to a court order authorizing the sealing of the specific Protected 25 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 26 court, then the Receiving Party may file the information in the public record unless 27 otherwise instructed by the court. 28 13. FINAL DISPOSITION 1 After the final disposition of this Action, as defined in paragraph 4, within 60 days 2 of a written request by the Designating Party, each Receiving Party must return all 3 Protected Material to the Producing Party or destroy such material. As used in this 4 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 5 summaries, and any other format reproducing or capturing any of the Protected Material. 6 Whether the Protected Material is returned or destroyed, the Receiving Party must submit 7 a written certification to the Producing Party (and, if not the same person or entity, to the 8 Designating Party) by the 60 day deadline that (1) identifies (by category, where 9 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 10 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any 11 other format reproducing or capturing any of the Protected Material. Notwithstanding this 12 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 13 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition 14 and trial exhibits, expert reports, attorney work product, and consultant and expert work 15 product, even if such materials contain Protected Material. Any such archival copies that 16 contain or constitute Protected Material remain subject to this Protective Order as set forth 17 in Section 4 (DURATION). 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1/14. VIOLATION 2 Any violation of this Order may be punished by appropriate measures including, 3 || without limitation, contempt proceedings and/or monetary sanctions. 4 5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 . ARIAS, SANGUINETTI WANG & g || Dated: May 4, 2023 TORRIJOS LLP 9 10 By /s/ Sahar Maleksaeedi Mike Arias, Esq. _ Sahar Maleksaeedi, Esq. 12 Attorneys for Plaintiff, SYDNEY

KEDERIS

13 14 || Dated: May 4, 2023 LAFOLLETTE, JOHNSON, DEHAAS,

FESLER & AMES

15 16 py Wlemna WhdArabak Dy 17 Marissa A. Warren, Esq. Merna Abdelmalak, Esq. 18 Attorneys for Defendant,

CAREMARKPCS PENNSYLVANIA

19 MAIL PHARMACY, L.L.C. 20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

22 Ups DATED: May 4, 2023 23 Hon. Gail J. Standish United States Magistrate Judge 25 26 27 28

-14- Case no. 2:21-cv-05154-MCS(GJSx)