1 Seung Yang (SBN 249857) seung.yang@moonyanglaw.com 2 Christopher L. Garcia (SBN 306082) chris.garcia@moonyanglaw.com 3

MOON & YANG, APC

4 1055 W. Seventh St., Suite 1880 Los Angeles, California 90017 5 Telephone: (213) 232-3128 Facsimile: (213) 232-3125 6

7 Attorneys for Plaintiff

JOSE PORTILLO

8

9 ELIZABETH A. BROWN (SB# 235429)

TARA M. DUESTER (SB# 265622)

10 lisabrown@gbgllp.com 11 taraduester@gbgllp.com

GBG LLP

12 633 West 5th Street, Suite 3330 Los Angeles, CA 90071 13 Telephone: (213) 358-2810 14 Facsimile: (213) 995-6382

15 Attorneys for Defendant

BIMBO BAKERIES USA, INC.

16

17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19

20 JOSE PORTILLO, an individual, Case No. 8:19-cv-01617-DOC-DFM 21 Plaintiff, STIPULATED PROTECTIVE 22 ORDER vs. 23 [Discovery Document: Referred to BIMBO BAKERIES USA, INC., a Magistrate Judge Douglas F. 24 Delaware Corporation, LEANN LAST McCormick] NAME UNKNOWN, an individual; and 25 DOES 1 through 25, inclusive, Judge: Hon. David O. Carter 26 Courtroom: 9D Defendants. 27

28 1 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. The parties further acknowledge, as set forth 11 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 12 file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a 14 party seeks permission from the court to file material under seal. 15 B. GOOD CAUSE STATEMENT 16 This action is likely to involve trade secrets and other valuable research, 17 development, commercial, business, financial, technical and/or proprietary 18 information for which special protection from public disclosure and from use for 19 any purpose other than prosecution of this action is warranted. Such confidential 20 and proprietary materials and information consist of, among other things, 21 confidential business or financial information, information regarding confidential 22 business practices, or other confidential research, development, or commercial 23 information (including information implicating privacy rights of third parties), 24 information otherwise generally unavailable to the public, or which may be 25 privileged or otherwise protected from disclosure under state or federal statutes, 26 court rules, case decisions, or common law. Accordingly, to expedite the flow of 27 information, to facilitate the prompt resolution of disputes over confidentiality of 28 discovery materials, to adequately protect information the parties are entitled to 1 keep confidential, to ensure that the parties are permitted reasonable necessary uses 2 of such material in preparation for and in the conduct of trial, to address their 3 handling at the end of the litigation, and serve the ends of justice, a protective order 4 for such information is justified in this matter. It is the intent of the parties that 5 information will not be designated as confidential for tactical reasons and that 6 nothing be so designated without a good faith belief that it has been maintained in a 7 confidential, non-public manner, and there is good cause why it should not be part 8 of the public record of this case. 9 2. DEFINITIONS 10 2.1 Action: Portillo v. Bimbo Bakeries USA, Inc. et al. (C.D. Cal. No. 11 8:19-cv-01617-DOC-DFM). 12 2.2 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 17 the Good Cause Statement. 18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 19 their support staff). 20 2.5 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.6 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced 26 or generated in disclosures or responses to discovery in this matter. 27 2.7 Expert: a person with specialized knowledge or experience in a matter 28 pertinent to the litigation who has been retained by a Party or its counsel to serve as 1 an expert witness or as a consultant in this Action. 2 2.8 House Counsel: attorneys who are employees of a party to this Action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 2.9 Non-Party: any natural person, partnership, corporation, association, 6 or other legal entity not named as a Party to this action. 7 2.10 Outside Counsel of Record: attorneys who are not employees of a 8 party to this Action but are retained to represent or advise a party to this Action and 9 have appeared in this Action on behalf of that party or are affiliated with a law firm 10 that has appeared on behalf of that party, including support staff. 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.13 Professional Vendors: persons or entities that provide litigation 17 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.14 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.15 Receiving Party: a Party that receives Disclosure or Discovery 23 Material from a Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 compilations of Protected Material; and (3) any testimony, conversations, or 1 presentations by Parties or their Counsel that might reveal Protected Material. 2 Any use of Protected Material at trial shall be governed by the orders of the 3 trial judge. This Order does not govern the use of Protected Material at trial. 4 4. DURATION 5 Once a case proceeds to trial, all of the court-filed information to be 6 introduced that was previously designated as confidential or maintained pursuant to 7 this protective order 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 10 of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180- 11 81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents 12 produced in discovery from “compelling reasons” standard when merits-related 13 documents are part of court record). Accordingly, the terms of this protective order 14 do not extend beyond the commencement of the trial. 15 5. DESIGNATING PROTECTED MATERIAL 16 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. The Designating Party must designate for 20 protection only those parts of material, documents, items, or oral or written 21 communications that qualify so that other portions of the material, documents, 22 items, or communications for which protection is not warranted are not swept 23 unjustifiably within the ambit of this Order. 24 Mass, indiscriminate, or routinized designations are prohibited. Designations 25 that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber the case development process or to 27 impose unnecessary expenses and burdens on other parties) may expose the 28 Designating Party to sanctions. 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 5.2 Manner and Timing of Designations. Except as otherwise provided in 5 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 6 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 7 under this Order must be clearly so designated before the material is disclosed or 8 produced. 9 Designation in conformity with this Order requires: 10 (a) for information in documentary form (e.g., paper or electronic 11 documents, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), that the Producing Party affix, at a minimum, the legend 13 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 14 contains protected material. If only a portion or portions of the material on a page 15 qualifies for protection, the Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins). 17 A Party or Non-Party that makes original documents available for 18 inspection need not designate them for protection until after the inspecting Party 19 has indicated which documents it would like copied and produced. During the 20 inspection and before the designation, all of the material made available for 21 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 22 identified the documents it wants copied and produced, the Producing Party must 23 determine which documents, or portions thereof, qualify for protection under this 24 Order. Then, before producing the specified documents, the Producing Party must 25 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 26 If only a portion or portions of the material on a page qualifies for protection, the 27 Producing Party also must clearly identify the protected portion(s) (e.g., by making 28 appropriate markings in the margins). 1 (b) for testimony given in depositions that the Designating Party 2 identify the Disclosure or Discovery Material on the record, before the close of the 3 deposition. 4 (c) for information produced in some form other than documentary and 5 for any other tangible items, that the Producing Party affix in a prominent place on 6 the exterior of the container or containers in which the information is stored the 7 legend “CONFIDENTIAL.” If only a portion or portions of the information 8 warrants protection, the Producing Party, to the extent practicable, shall identify the 9 protected portion(s). 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 11 failure to designate qualified information or items does not, standing alone, waive 12 the Designating Party’s right to secure protection under this Order for such 13 material. Upon timely correction of a designation, the Receiving Party must make 14 reasonable efforts to assure that the material is treated in accordance with the 15 provisions of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 18 designation of confidentiality at any time that is consistent with the Court’s 19 Scheduling Order. 20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 21 resolution process under Local Rule 37.1, et seq. Any discovery motion must 22 strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 23 6.3 Burden. The burden of persuasion in any such challenge proceeding 24 shall be on the Designating Party. Frivolous challenges, and those made for an 25 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 26 other parties) may expose the Challenging Party to sanctions. Unless the 27 Designating Party has waived or withdrawn the confidentiality designation, all 28 parties shall continue to afford the material in question the level of protection to 1 which it is entitled under the Producing Party’s designation until the Court rules on 2 the challenge. 3 7. ACCESS TO AND USE OF PROTECTED MATERIAL 4 7.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 Action only for prosecuting, defending, or attempting to settle this Action. Such 7 Protected Material may be disclosed only to the categories of persons and under the 8 conditions described in this Order. When the Action has been terminated, a 9 Receiving Party must comply with the provisions of section 13 below (FINAL 10 DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 location and in a secure manner that ensures that access is limited to the persons 13 authorized under this Order. 14 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 otherwise ordered by the Court or permitted in writing by the Designating Party, a 16 Receiving Party may disclose any information or item designated 17 “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, 19 as well as employees of said Outside Counsel of Record to whom it is reasonably 20 necessary to disclose the information for this Action; 21 (b) the officers, directors, and employees (including House 22 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 23 Action; 24 (c) Experts (as defined in this Order) of the Receiving Party to 25 whom disclosure is reasonably necessary for this Action and who have signed the 26 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the Court and its personnel; 28 (e) court reporters and their staff; 1 (f) professional jury or trial consultants, mock jurors, and 2 Professional Vendors to whom disclosure is reasonably necessary for this Action 3 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 4 A); 5 (g) the author or recipient of a document containing the information 6 or a custodian or other person who otherwise possessed or knew the information; 7 (h) during their depositions, witnesses, and attorneys for witnesses, 8 in the Action to whom disclosure is reasonably necessary provided: (1) the 9 deposing party requests that the witness sign the form attached as Exhibit A hereto; 10 and (2) they will not be permitted to keep any confidential information unless they 11 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 12 otherwise agreed by the Designating Party or ordered by the Court. Pages of 13 transcribed deposition testimony or exhibits to depositions that reveal Protected 14 Material may be separately bound by the court reporter and may not be disclosed to 15 anyone except as permitted under this Stipulated Protective Order; and 16 (i) any mediator or settlement officer, and their supporting 17 personnel, mutually agreed upon by any of the parties engaged in settlement 18 discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 20 PRODUCED IN OTHER LITIGATION 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this Action as 23 “CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification 25 shall include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order 27 to issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Protective Order. Such notification shall 1 include a copy of this Stipulated Protective Order; and 2 (c) cooperate with respect to all reasonable procedures sought to be 3 pursued by the Designating Party whose Protected Material may be affected. 4 If the Designating Party timely seeks a protective order, the Party served with 5 the subpoena or court order shall not produce any information designated in this 6 action as “CONFIDENTIAL” before a determination by the court from which the 7 subpoena or order issued, unless the Party has obtained the Designating Party’s 8 permission. The Designating Party shall bear the burden and expense of seeking 9 protection in that court of its confidential material and nothing in these provisions 10 should be construed as authorizing or encouraging a Receiving Party in this Action 11 to disobey a lawful directive from another court. 12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 (a) The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Nothing in these provisions should be 18 construed as prohibiting a Non-Party from seeking additional protections. 19 (b) In the event that a Party is required, by a valid discovery request, to 20 produce a Non-Party’s confidential information in its possession, and the Party is 21 subject to an agreement with the Non-Party not to produce the Non-Party’s 22 confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non- 24 Party that some or all of the information requested is subject to a confidentiality 25 agreement with a Non-Party; 26 (2) promptly provide the Non-Party with a copy of the Stipulated 27 Protective Order in this Action, the relevant discovery request(s), and a reasonably 28 specific description of the information requested; and 1 (3) make the information requested available for inspection by the 2 Non-Party, if requested. 3 (c) If the Non-Party fails to seek a protective order from this Court within 4 14 days of receiving the notice and accompanying information, the Receiving Party 5 may produce the Non-Party’s confidential information responsive to the discovery 6 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 7 not produce any information in its possession or control that is subject to the 8 confidentiality agreement with the Non-Party before a determination by the Court. 9 Absent a court order to the contrary, the Non-Party shall bear the burden and 10 expense of seeking protection in this Court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 13 Protected Material to any person or in any circumstance not authorized under this 14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 15 writing the Designating Party of the unauthorized disclosures, (b) use its best 16 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 17 person or persons to whom unauthorized disclosures were made of all the terms of 18 this Order, and (d) request such person or persons to execute the “Acknowledgment 19 and Agreement to Be Bound” that is attached hereto as Exhibit A. 20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 21 PROTECTED MATERIAL 22 When a Producing Party gives notice to Receiving Parties that certain 23 inadvertently produced material is subject to a claim of privilege or other 24 protection, the obligations of the Receiving Parties are those set forth in Federal 25 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 26 whatever procedure may be established in an e-discovery order that provides for 27 production without prior privilege review. Pursuant to Federal Rule of Evidence 28 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 1 of a communication or information covered by the attorney-client privilege or work 2 product protection, the parties may incorporate their agreement in the stipulated 3 protective order submitted to the Court. 4 12. MISCELLANEOUS 5 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 6 person to seek its modification by the Court in the future. 7 12.2 Right to Assert Other Objections. By stipulating to the entry of this 8 Protective Order, no Party waives any right it otherwise would have to object to 9 disclosing or producing any information or item on any ground not addressed in 10 this Stipulated Protective Order. Similarly, no Party waives any right to object on 11 any ground to use in evidence of any of the material covered by this Protective 12 Order. 13 12.3 Filing Protected Material. A Party that seeks to file under seal any 14 Protected Material must comply with Civil Local Rule 79-5. Protected Material 15 may only be filed under seal pursuant to a court order authorizing the sealing of the 16 specific Protected Material at issue; good cause must be shown in the request to file 17 under seal. If a Party’s request to file Protected Material under seal is denied by the 18 Court, then the Receiving Party may file the information in the public record unless 19 otherwise instructed by the Court. 20 13. FINAL DISPOSITION 21 After the final disposition of this Action, within 60 days of a written request 22 by the Designating Party, each Receiving Party must return all Protected Material to 23 the Producing Party or destroy such material. As used in this subdivision, “all 24 Protected Material” includes all copies, abstracts, compilations, summaries, and any 25 other format reproducing or capturing any of the Protected Material. Whether the 26 Protected Material is returned or destroyed, the Receiving Party must submit a 27 written certification to the Producing Party (and, if not the same person or entity, to 28 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 1 appropriate) all the Protected Material that was returned or destroyed and (2) 2 affirms that the Receiving Party has not retained any copies, abstracts, 3 compilations, summaries or any other format reproducing or capturing any of the 4 Protected Material. Notwithstanding this provision, counsel are entitled to retain an 5 archival copy of all pleadings, motion papers, trial, deposition, and hearing 6 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 7 reports, attorney work product, and consultant and expert work product, even if 8 such materials contain Protected Material. Any such archival copies that contain or 9 constitute Protected Material remain subject to this Protective Order as set forth in 10 Section 4 (DURATION). 11 14. Any violation of this Order may be punished by any and all appropriate 12 measures including, without limitation, contempt proceedings and/or monetary 13 sanctions. 14 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 15 DATED: November 19, 2019 MOON & YANG, APC 16 17 BY: /S/ Christopher L. Garcia

CHRISTOPHER L. GARCIA

18 Attorneys for Plaintiff 19

JOSEPH PORTILLO

20 GBG LLP DATED: November 19, 2019 21 22 BY: /s/ Tara M. Duester 23 TARA M. DUESTER

24 Attorneys for Defendant

BIMBO BAKERIES USA, INC.

25 26 // 27 // 28 // 1 The undersigned attests that the signatory listed above concurs in the content 2 || of this document and has authorized its filing. 3 | DATED: November 19, 2019 GBG LLP 4 5 BY: /s/ Tara M. Duester 6 TARA M. DUESTER 7 Attorneys for Defendant

BIMBO BAKERIES USA, INC.

10 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 12 DATED: December 2, 2019 yra 14 Hon. Douglas F. McCormick 15 United States District Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ Case No. 8:19-cv-01617-DOC-DFM □□□□□□□□□□□□□□□□□□□□□□□ OUSTIPULATED 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 Jose Portillo v. Bimbo Bakeries USA, Inc. et al. 8 (C.D. Cal. Case No. 8:19-cv-01617-DOC-DFM). I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 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 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint ________________________________ 19 [print or type full name] of _______________________________________ [print 20 or type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28