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3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 Case No. 8:20-CV-00876-DOC-JDE KRISTEN N. COOLEY, guardian of the 12 estate of N.O.C, a minor,

STIPULATED PROTECTIVE

13 Plaintiff, ORDER

14 v. [Note Changes by the Court] 15 TARGET CORPORATION, TARGET ENTERPRISE, INC., and JOHN DOES 16 1-10, 17 Defendants. 18 19 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Local Rules 20 of the United States District Court for the Central District of California, and the 21 authorities cited herein, as well as the Stipulation (Dkt. 77) by and between Plaintiff 22 Kristen N. Cooley, guardian of the estate of N.O.C., a minor, and Defendants Target 23 Corporation and Target Enterprise, Inc., for good cause shown, the Court finds and 24 orders as follows. 25 1. PURPOSES AND LIMITATIONS 26 Disclosure and discovery activity in this action are likely to involve 27 production of confidential, proprietary, or private information for which special 28 1 protection from public disclosure and from use for any purpose other than 2 prosecuting this litigation may be warranted. The parties acknowledge that this 3 Order does not confer blanket protections on all disclosures or responses to 4 discovery and that the protection it affords from public disclosure and use extends 5 only to the limited information or items that are entitled to confidential treatment 6 under the applicable legal principles. The parties further acknowledge, as set forth 7 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 8 file confidential information under seal; Local Civil Rule 79-5, set forth the 9 procedures that must be followed when a party seeks permission from the court to 10 file material under seal. There is a strong presumption that the public has a right of 11 access to judicial proceedings and records in civil cases. In connection with non- 12 dispositive motions, good cause must be shown to support a filing under seal. See 13 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 14 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 15 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 16 stipulated protective orders require good cause showing), and a specific showing of 17 good cause or compelling reasons with proper evidentiary support and legal 18 justification, must be made with respect to Protected Material that a party seeks to 19 file under seal. The parties’ mere designation of Disclosure or Discovery Material 20 as CONFIDENTIAL does not— without the submission of competent evidence by 21 declaration, establishing that the material sought to be filed under seal qualifies as 22 confidential, privileged, or otherwise protectable—constitute good cause. 23 Further, if a party requests sealing related to a dispositive motion or trial, 24 then compelling reasons, not only good cause, for the sealing must be shown, and 25 the relief sought shall be narrowly tailored to serve the specific interest to be 26 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 27 2010). For each item or type of information, document, or thing sought to be filed 28 or introduced under seal, the party seeking protection must articulate compelling 1 reasons, supported by specific facts and legal justification, for the requested sealing 2 order. Again, competent evidence supporting the application to file documents 3 under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 its entirety will not be filed under seal if the confidential portions can be redacted. If 6 documents can be redacted, then a redacted version for public viewing, omitting only 7 the confidential, privileged, or otherwise protectable portions of the document, shall 8 be filed. Any application that seeks to file documents under seal in their entirety 9 should include an explanation of why redaction is not feasible. 10 2. DEFINITIONS 11 2.1 Challenging Party: a Party or Non-Party that challenges the designation 12 of information or items under this Order. 13 2.2 “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)(1)(G) because the information 16 represents “a trade secret or other confidential research, development, or commercial 17 information” for which disclosure to another Party or Non-Party would create a 18 substantial risk of serious harm to the Designating Party that could not be avoided by 19 less restrictive means. 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House 21 Counsel (as well as their support staff). 22 2.4 Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in responses to discovery as 24 “CONFIDENTIAL.” 25 2.5 Disclosure or Discovery Material: all items or information, regardless 26 of the medium or manner in which it is generated, stored, or maintained (including, 27 28 1 among other things, testimony, transcripts, and tangible things), that are produced or 2 generated in disclosures or responses to discovery in this matter. 3 2.6 Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this action. 6 2.7 House Counsel: attorneys who are employees of a party to this action. 7 House Counsel does not include Outside Counsel of Record or any other outside 8 counsel. 9 2.8 Non-Party: any natural person, partnership, corporation, association, or 10 other legal entity not named as a Party to this action. 11 2.9 Outside Counsel of Record: attorneys who are not employees of a party 12 to this action but are retained to represent or advise a party to this action and have 13 appeared in this action on behalf of that party or are affiliated with a law firm which 14 has appeared on behalf of that party. 15 2.10 Party: any party to this action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this action. 20 2.12 Professional Vendors: persons or entities that provide litigation support 21 services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.13 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 27 from a Producing Party. 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 However, the protections conferred by this Stipulation and Order do not cover the 8 following information: (a) any information that is in the public domain at the time of 9 disclosure to a Receiving Party or becomes part of the public domain after its 10 disclosure to a Receiving Party as a result of publication not involving a violation of 11 this Order, including becoming part of the public record through trial or otherwise; 12 and (b) any information known to the Receiving Party prior to the disclosure or 13 obtained by the Receiving Party after the disclosure from a source who obtained the 14 information lawfully and under no obligation of confidentiality to the Designating 15 Party. Any use of Protected Material at trial shall be governed by the orders of the 16 trial judge and other applicable authorities. This Order does not govern the use of 17 Protected Material at trial. 18 4. DURATION 19 Even after final disposition of this litigation, the confidentiality obligations 20 imposed by this Order shall remain in effect until a Designating Party agrees 21 otherwise in writing or a court order otherwise directs. Final disposition shall be 22 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 23 or without prejudice; and (2) final judgment herein after the completion and 24 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 25 including the time limits for filing any motions or applications for extension of time 26 pursuant to applicable law. 27 28 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection under 4 this Order must take care to limit any such designation to specific material that 5 qualifies under the appropriate standards. To the extent it is practical to do so, the 6 Designating Party must designate for protection only those parts of material, 7 documents, items, or oral or written communications that qualify – so that other 8 portions of the material, documents, items, or communications for which protection 9 is not warranted are not swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 that are shown to be clearly unjustified or that have been made for an improper 12 purpose (e.g., to unnecessarily encumber or retard the case development process or 13 to impose unnecessary expenses and burdens on other parties) expose the 14 Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection at all or do not qualify for the 17 level of protection initially asserted, that Designating Party must promptly notify all 18 other parties that it is withdrawing the mistaken designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in 20 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 21 stipulated or ordered, Disclosure or Discovery. Material that qualifies for protection 22 under this Order must be clearly so designated before the material is disclosed or 23 produced. 24 Designation in conformity with this Order requires: 25 (a) for information in documentary form (e.g., paper or electronic 26 documents, but excluding transcripts of depositions or other pretrial or trial 27 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 28 1 a page qualifies for protection, the Producing Party also must clearly identify the 2 protected portion(s) (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents or materials available for 4 inspection need not designate them for protection until after the inspecting Party has 5 indicated which material it would like copied and produced. During the inspection 6 and before the designation, all of the material made available for inspection shall be 7 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents 8 it wants copied and produced, the Producing Party must determine which documents, 9 or portions thereof, qualify for protection under this Order. Then, before producing 10 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 11 legend to each page that contains Protected Material. If only a portion or portions of 12 the material on a page qualifies for protection, the Producing Party also must clearly 13 identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 (b) for testimony given in deposition, that the Designating Party 16 identify on the record, before the close of the deposition, hearing, or other 17 proceeding, all protected testimony. 18 (c) for information produced in some form other than documentary 19 and for any other tangible items, that the Producing Party affix in a prominent place 20 on the exterior of the container or containers in which the information or item is 21 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 22 information or item warrant protection, the Producing Party, to the extent practicable, 23 shall identify the protected portion(s). 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 25 failure to designate qualified information or items does not, standing alone, waive 26 the Designating Party’s right to secure protection under this Order for such material. 27 Upon timely correction of a designation, the Receiving Party must make reasonable 28 1 Order. In the event that a Party challenges a Designating Party’s corrected 2 confidentiality designation, the provisions for challenging confidentiality 3 designations set forth below in Section 6 shall apply, and the Designating Party 4 additionally shall bear the burden of persuasion to demonstrate good cause for its 5 failure to originally designate the information as “CONFIDENTIAL,” why and how 6 such failure was inadvertent, and the timeliness of the Designating Party’s correction. 7 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37-1 et seq. 13 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via 14 a joint stipulation pursuant to Local Rule 37-2. 15 8.4 The burden of persuasion in any such challenge proceeding shall be 16 on the Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 18 may expose the Challenging Party to sanctions. Unless the Designating Party has 19 waived or withdrawn the confidentiality designation, all parties shall continue to 20 afford the material in question the level of protection to which it is entitled under the 21 Producing Party’s designation until the Court rules on the challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this 25 case only for prosecuting, defending, or attempting to settle this litigation. Such 26 Protected Material may be disclosed only to the categories of persons and under the 27 conditions described in this Order. When the litigation has been terminated, a 28 1 Receiving Party must comply with the provisions of Section 13 below (FINAL 2

DISPOSITION).

3 Protected Material must be stored and maintained by a Receiving Party at a 4 location and in a secure manner that ensures that access is limited to the persons 5 authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, a 8 Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: 10 (a) the Receiving Party’s Outside Counsel of Record in this action, as well 11 as employees of said Outside Counsel of Record to whom it is 12 reasonably necessary to disclose the information for this litigation and 13 who have signed the “Acknowledgment and Agreement to Be Bound” 14 that is attached hereto as Exhibit A; 15 (b) the spouse, officers, directors, and employees (including House 16 Counsel) of the Receiving Party to whom disclosure is reasonably 17 necessary for this litigation and who have signed the “Acknowledgment 18 and Agreement to Be Bound” (Exhibit A); 19 (c) Experts (as defined in this Order) of the Receiving Party to whom 20 disclosure is reasonably necessary for this litigation and who have 21 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 22

A);

23 (d) the court and its personnel; 24 (e) court reporters and their staff, professional jury or trial consultants, and 25 Professional Vendors to whom disclosure is reasonably necessary for 26 this litigation and who have signed the “Acknowledgment and 27 Agreement to Be Bound” (Exhibit A); 28 1 (f) during their depositions, witnesses in the action to whom disclosure is 2 reasonably necessary, including but not limited to, the author or 3 recipient of a document containing the information or a custodian or 4 other person who otherwise possessed or knew the information. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 6

PRODUCED IN OTHER LITIGATION

7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this action as 9 “CONFIDENTIAL,” that Party must: 10 (a) promptly notify in writing the Designating Party. Such notification shall 11 include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena 14 or order is subject to this Protective Order. Such notification shall include a copy of 15 this Stipulated Protective Order; and 16 (c) cooperate with respect to all reasonable procedures sought to be pursued 17 by the Designating Party whose Protected Material may be affected. 18 If the Designating Party timely seeks a protective order, the Party served with 19 the subpoena or court order shall not produce any information designated in this 20 action as “CONFIDENTIAL” before a determination by the court from which the 21 subpoena or order issued, unless the Party has obtained the Designating Party’s 22 permission. The Designating Party shall bear the burden and expense of seeking 23 protection in that court of its confidential material – and nothing in these provisions 24 should be construed as authorizing or encouraging a Receiving Party in this action to 25 disobey a lawful directive from another court. 26 / / / 27 / / / 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2

PRODUCED IN THIS LITIGATION

3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 1. promptly notify in writing the Requesting Party and the Non- 13 Party that some or all of the information requested is subject to a 14 confidentiality agreement with a Non-Party; 15 2. promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this litigation, the relevant discovery 17 request(s), and a reasonably specific description of the 18 information requested; and 19 3. make the information requested available for inspection by the 20 Non-Party. 21 (c) If the Non-Party fails to object or seek a protective order from this court 22 within 14 days of receiving the notice and accompanying information, the Receiving 23 Party may produce the Non-Party’s confidential information responsive to the 24 discovery request. If the Non-Party timely seeks a protective order, the Receiving 25 Party shall not produce any information in its possession or control that is subject to 26 the confidentiality agreement with the Non-Party before a determination by the court. 27 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 28 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11

PROTECTED MATERIAL

12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted 21 to the court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order, no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 28 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 12.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Local Civil Rule 79-5. Protected 5 Material may only be filed under seal pursuant to a court order authorizing the sealing 6 of the specific Protected Material. If a Party’s request to file Protected Material under 7 seal is denied by the court, then the Receiving Party may file the information in the 8 public record unless otherwise instructed by the court. 9 13. FINAL DISPOSITION 10 Within 60 days after the final disposition of this action, as defined in Section 11 4, each Receiving Party must return all Protected Material to the Producing Party or 12 destroy such material. As used in this subdivision, “all Protected Material” includes 13 all copies, abstracts, compilations, summaries, and any other format reproducing or 14 capturing any of the Protected Material. Whether the Protected Material is returned 15 or destroyed, the Receiving Party must submit a written certification to the Producing 16 Party (and, if not the same person or entity, to the Designating Party) by the 60-day 17 deadline that (1) identifies (by category, where appropriate) all the Protected Material 18 that was returned or destroyed and (2) affirms that the Receiving Party has not 19 retained any copies, abstracts, compilations, summaries or any other format 20 reproducing or capturing any of the Protected Material. Notwithstanding this 21 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 22 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 23 deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. 25 // 26 // 27 // 28 ! Any such archival copies that contain or constitute Protected Material remain ° subject to this Protective Order as set forth in Section 4 (DURATION). 4 5 For good cause, IT IS SO ORDERED: 6 / i AG 4 DATED: September 17, 2020

HN D. EARLY

8 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on September 17, 2020 in the case of Cooley v. Target Enterprise, Inc. et al, Case 9 No. 8:20-CV-00876-DOC-JDE. I agree to comply with and to be bound by all the 10 terms of this Stipulated Protective Order and I understand and acknowledge that 11 failure to so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any person 14 or entity except in strict compliance with the provisions of this 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. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: _________________________________ 25 City and State where sworn and signed: _________________________________ 26 Printed name: ______________________________ 27 28 Signature: __________________________________