1 |} KILPATRICK TOWNSEND & STOCKTON LLP SUSAN W. PANGBORN (State Bar No. 282533) 2 spans Dorn @ kilpatricktownsend.com ENDRA C. APMAN (State Bar No. 294030) 3 Kehapman □□□□□□□□□□□□□□□□□□□□□□□ ADI A AN (State Bat No. 322868) 4 1gran @ kilpatricktownsend.com wo Embarcadero Center, Suite 1900 NOTE: CHANGES HAVE BEEN 5 an Francisco, Telephone:415 576 0200 MADE TO THIS DOCUMENT 6 || Facsimile: 415 576 0300 See §4, line 12 7 || Attorneys for Defendants

GEORGIA-PACIFIC CORRUGATED LLC

8 || and GEORGIA-PACIFIC LLC 9 || MOORE RUDDELL LLP Bonita D. Moore (State Bar No. 221479) 10 || bmoore @ mooreruddell.com Howard D. Ruddell (State Bar No. 281510) 11 || hruddell@ mooreruddell.com 1875 Century Park East, Suite 2230 12 || Los Angeles, CA 90067 Telephone: 323-857-4580 13 || Facsimile: 323-530-1113 14 || Attorneys for Plaintiff JUAN FOSTER 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 18 JUAN FOSTER, AN INDIVIDUAL, Case No. 2:19-cv-07728-CJC-AFM 19 Plaintiff, JOINT STIPULATED 20 PROTECTIVE ORDER AND V. fPROPOSED} ORDER 21 GEORGIA-PACIFIC LLC, a Delaware 22 || Limited Liability Com any

GEORGIA-PACIFIC EO RUGATED

23 || LLC, a Delaware Limited Liability Company; KELLEY GARCIA, an 24 || individual; and DOES 1-50, 25 Defendants. 26 27 28

JOINT STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER

CASE NO. 2:19-cv-07728-CJC—-AEM

2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than 5 prosecuting this litigation may be warranted. Accordingly, the parties hereby 6 stipulate to and petition the Court to enter the following Stipulated Protective Order. 7 The parties acknowledge that this Order does not confer blanket protections on all 8 disclosures or responses to discovery and that the protection it affords from public 9 disclosure and use extends only to the limited information or items that are entitled 10 to confidential treatment under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve confidential information and information 13 which implicates the privacy rights of third parties. Such confidential and 14 proprietary materials and information consist of, among other things, confidential 15 business or financial information, information regarding confidential business 16 practices, information about or from the personnel files of current and former 17 employees who are not parties to this litigation and for which such employees have 18 an expectation of privacy, information otherwise generally unavailable to the public, 19 or which may be privileged or otherwise protected from disclosure under state or 20 federal statutes, court rules, case decisions, or common law. Accordingly, to 21 expedite the flow of information, to facilitate the prompt resolution of disputes over 22 confidentiality of discovery materials, to adequately protect information the parties 23 are entitled to keep confidential, to ensure that the parties are permitted reasonable 24 necessary uses of such material in preparation for and in the conduct of trial, to 25 address their handling at the end of the litigation, and serve the ends of justice, a 26 protective order for such information is justified in this matter. It is the intent of the 27 parties that information will not be designated as confidential for tactical reasons 28 2 maintained in a confidential, non-public manner, and there is good cause why it 3 should not be part of the public record of this case. 4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 5 SEAL The parties further acknowledge, as set forth in Section 12.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the Court 9 to file material under seal. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 15 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 16 require good cause showing), and a specific showing of good cause or compelling 17 reasons with proper evidentiary support and legal justification, must be made with 18 respect to Protected Material that a party seeks to file under seal. The parties’ mere 19 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 20 without the submission of competent evidence by declaration, establishing that the 21 material sought to be filed under seal qualifies as confidential, privileged, or 22 otherwise protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, then 24 compelling reasons, not only good cause, for the sealing must be shown, and the 25 relief sought shall be narrowly tailored to serve the specific interest to be protected. 26 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 27 each item or type of information, document, or thing sought to be filed or introduced 28 2 protection must articulate compelling reasons, supported by specific facts and legal 3 justification, for the requested sealing order. Again, competent evidence supporting 4 the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. If 7 documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the document, 9 shall be filed. Any application that seeks to file documents under seal in their 10 entirety should include an explanation of why redaction is not feasible. 11 2. DEFINITIONS 12 2.1 Action: this pending federal lawsuit. 13 2.2 Challenging Party: a Party or Non-Party that challenges the 14 designation of information or items under this Order. 15 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 the Good Cause Statement. 19 2.4 Counsel (without qualifier): Outside Counsel of Record and House 20 Counsel (as well as their support staff). 21 2.5 Designating Party: a Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 24 2.6 Disclosure or Discovery Material: all items or information, regardless 25 of the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter. 28 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this action. 4 2.8 House Counsel: attorneys who are employees of a party to this action. 5 House Counsel does not include Outside Counsel of Record or any other outside 6 counsel. 7 2.9 Non-Party: any natural person, partnership, corporation, association, or 8 other legal entity not named as a Party to this action. 9 2.10 Outside Counsel of Record: attorneys who are not employees of a 10 party to this action but are retained to represent or advise a party to this action and 11 have appeared in this action on behalf of that party or are affiliated with a law firm 12 which has appeared on behalf of that party. 13 2.11 Party: any party to this action, including all of its officers, directors, 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 16 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 Discovery Material in this action. 18 2.13 Professional Vendors: persons or entities that provide litigation 19 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 22 2.14 Protected Material: any Disclosure or Discovery Material that is 23 designated as “CONFIDENTIAL.” 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery 25 Material from a Producing Party. 26 3. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 2 extracted from Protected Material; (2) all copies, excerpts, summaries, or 3 compilations of Protected Material; and (3) any testimony, conversations, or 4 presentations by Parties or their Counsel that might reveal Protected Material. 5 Any use of Protected Material at trial shall be governed by the orders of the 6 trial judge. This Order does not govern the use of Protected Material at trial. 7 4. DURATION 8 Once a case proceeds to trial, information that was designated as 9 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 10 as an exhibit at trial becomes public and will be presumptively available to all 11 members of the public, including the press, unless compelling reasons supported by 12 specific factual findings to proceed otherwise are made to the trial judge in advance 13 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 14 showing for sealing documents produced in discovery from “compelling reasons” 15 standard when merits-related documents are part of court record). Accordingly, the 16 terms of this protective order do not extend beyond the commencement of the trial. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. 19 Each Party or Non-Party that designates information or items for protection under 20 this Order must take care to limit any such designation to specific material that 21 qualifies under the appropriate standards. The Designating Party must designate for 22 protection only those parts of material, documents, items, or oral or written 23 communications that qualify—so that other portions of the material, documents, 24 items, or communications for which protection is not warranted are not swept 25 unjustifiably within the ambit of this Order. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations 27 that are shown to be clearly unjustified or that have been made for an improper 28 2 to impose unnecessary expenses and burdens on other parties) expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the mistaken designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 10 under this Order must be clearly so designated before the material is disclosed or 11 produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 16 page that contains protected material. If only a portion or portions of the material on 17 a page qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents or materials available for 20 inspection need not designate them for protection until after the inspecting Party has 21 indicated which material it would like copied and produced. During the inspection 22 and before the designation, all of the material made available for inspection shall be 23 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 24 documents it wants copied and produced, the Producing Party must determine which 25 documents, or portions thereof, qualify for protection under this Order. Then, before 26 producing the specified documents, the Producing Party must affix the 27 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 28 2 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 3 markings in the margins). 4 (b) for testimony given in deposition or in other pretrial or trial 5 proceedings, that the Designating Party identify on the record, before the close of 6 the deposition, hearing, or other proceeding, all protected testimony. 7 (c) for information produced in some form other than documentary and 8 for any other tangible items, that the Producing Party affix in a prominent place on 9 the exterior of the container or containers in which the information or item is stored 10 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 11 item warrant protection, the Producing Party, to the extent practicable, shall identify 12 the protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party’s right to secure protection under this Order for such material. 16 Upon timely correction of a designation, the Receiving Party must make reasonable 17 efforts to assure that the material is treated in accordance with the provisions of this 18 Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court’s 22 scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 resolution process under Local Rule 37.1 et seq. 25 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 26 joint stipulation pursuant to Local Rule 37-2. 27 6.4 The burden of persuasion in any such challenge proceeding shall be on 28 2 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 3 parties) may expose the Challenging Party to sanctions. Unless the Designating 4 Party has waived or withdrawn the confidentiality designation, all parties shall 5 continue to afford the material in question the level of protection to which it is 6 entitled under the Producing Party’s designation until the Court rules on the 7 challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 case only for prosecuting, defending, or attempting to settle this litigation. Such 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the litigation has been terminated, a 14 Receiving Party must comply with the provisions of section 13 below (FINAL 15 DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 20 otherwise ordered by the Court or permitted in writing by the Designating Party, a 21 Receiving Party may disclose any information or item designated 22 “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 24 as employees of said Outside Counsel of Record to whom it is reasonably necessary 25 to disclose the information for this litigation and who have signed the 26 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 27 A; 28 2 the Receiving Party to whom disclosure is reasonably necessary for this litigation 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (c) Experts (as defined in this Order) of the Receiving Party to whom 6 disclosure is reasonably necessary for this litigation and who have signed the 7 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 (d) the Court and its personnel; 9 (e) court reporters and their staff; 10 (f) professional jury or trial consultants, mock jurors, and Professional 11 Vendors to whom disclosure is reasonably necessary for this litigation and who have 12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 13 (g) the author or recipient of a document containing the information or a 14 custodian or other person who otherwise possessed or knew the information; 15 (h) during their depositions, witnesses, and attorneys for witnesses, in the 16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 18 not be permitted to keep any confidential information unless they sign the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 20 agreed by the Designating Party or ordered by the Court. Pages of transcribed 21 deposition testimony or exhibits to depositions that reveal Protected Material may 22 be separately bound by the court reporter and may not be disclosed to anyone except 23 as permitted under this Stipulated Protective Order; and 24 (i) any mediator or settlement officer, and their supporting personnel, 25 mutually agreed upon by any of the parties engaged in settlement discussions. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 27 IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 28 2 “CONFIDENTIAL,” that Party must: 3 (a) promptly notify in writing the Designating Party. Such notification 4 shall include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or order 6 to issue in the other litigation that some or all of the material covered by the 7 subpoena or order is subject to this Protective Order. Such notification shall include 8 a copy of this Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be 10 pursued by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL” before a determination by the Court from which the 14 subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party shall bear the burden and expense of seeking 16 protection in that court of its confidential material – and nothing in these provisions 17 should be construed as authorizing or encouraging a Receiving Party in this action 18 to disobey a lawful directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION (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 2 (1) promptly notify in writing the Requesting Party and the Non-Party 3 that some or all of the information requested is subject to a confidentiality 4 agreement with a Non-Party; 5 (2) promptly provide the Non-Party with a copy of the Stipulated 6 Protective Order in this litigation, the relevant discovery request(s), and a 7 reasonably specific description of the information requested; and 8 (3) make the information requested available for inspection by the 9 Non-Party, if requested. 10 (c) If the Non-Party fails to object or seek a protective order from this 11 court within 14 days of receiving the notice and accompanying information, the 12 Receiving Party may produce the Non-Party’s confidential information responsive 13 to the discovery request. If the Non-Party timely seeks a protective order, the 14 Receiving Party shall not produce any information in its possession or control that is 15 subject to the confidentiality agreement with the Non-Party before a determination 16 by the Court. Absent a court order to the contrary, the Non-Party shall bear the 17 burden and expense of seeking protection in this court of its Protected Material. 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 or 24 persons to whom unauthorized disclosures were made of all the terms of this Order, 25 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 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

2 When a Producing Party gives notice to Receiving Parties that certain 3 inadvertently produced material is subject to a claim of privilege or other protection, 4 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 5 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 6 may be established in an e-discovery order that provides for production without 7 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar 8 as the parties reach an agreement on the effect of disclosure of a communication or 9 information covered by the attorney-client privilege or work product protection, the 10 parties may incorporate their agreement in the stipulated protective order submitted 11 to the Court. 12 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 15 person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 12.3 Filing Protected Material. A Party that seeks to file under seal any 22 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 23 only be filed under seal pursuant to a court order authorizing the sealing of the 24 specific Protected Material at issue. If a Party's request to file Protected Material 25 under seal is denied by the Court, then the Receiving Party may file the information 26 in the public record unless otherwise instructed by the Court. 27 28 2 After the final disposition of this action, as defined in paragraph 4, with 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 14. VIOLATIONS 21 Any violation of this Order may be punished by any and all appropriate 22 measures including, without limitation, contempt proceedings and/or monetary 23 sanctions. 24 /// 25 /// 26 /// 27 /// 28 1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD 2 3 DATED: October 30, 2019 KILPATRICK TOWNSEND & STOCKTON LLP ; /s/ Susan W. Panghorn 6 Attorneys for Defendants GEORGIA-PACIFIC CORRUGATED LLC and 7 GEORGIA-PACIFIC LLC 8 ? DATED: October 30, 2019 MOORE RUDDELL LLP, 10 /s/ Howard D. Ruddell ll HOWARD D. RUDDELL 2 Attomeys for Plaintiff

JUAN FOSTER

13 14 | GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 C424 Mo

JOINT STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under penalty of perjury 5 || that I have read in its entirety and understand the Stipulated Protective Order that 6 || was issued by the United States District Court for the Central District of California 7 || on [date] in the case of Foster v. Georgia-Pacific LLC, et 8 || al., Case No. 2:19-cv-07728-CJC—AFM. I agree to comply with and to be bound by 9 || all the terms of this Stipulated Protective Order and I understand and acknowledge 10 || that failure to so comply could expose me to sanctions and punishment in the nature 11 || of contempt. I solemnly promise that I will not disclose in any manner any 12 || information or item that is subject to this Stipulated Protective Order to any person 13 || or entity except in strict compliance with the provisions of this Order. I further agre« 14 || to submit to the jurisdiction of the United States District Court for the Central 15 || District of California for the purpose of enforcing the terms of this Stipulated 16 || Protective Order, even if such enforcement proceedings occur after termination of 17 || this action. 18 I hereby appoint [print or type full name] of 19 [print or type full address and 20 || telephone number] as my California agent for service of process in connection with 21 || this action or any proceedings related to enforcement of this Stipulated Protective 22 |} Order. 23 Date: City and State where sworn and signed:

26 Printed name: Signature: 28 16132207V.1 -15-

JOINT STIPULATED PROTECTIVE ORDER