1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 SARA GASEY: tage anton wna,

3 ° PROTECTIVE ORDER Plaintiff, 14 v. | DOCTOR’S BEST, INC., 16 Defendant. 17 ) 18 19 Pursuant to the Stipulation of the Parties (Dkt. 39), and as modified by the 20 || Court, for good cause shown, the Court finds and orders as follows. 21 | 1. | PURPOSES AND LIMITATIONS 22 The parties in this putative class action have reached a settlement agreement 23 || and have filed a motion for preliminary approval of the settlement with the Court. 24 || As part of the parties’ proposed class notice plan, the claim administrator will send 25 || an email notice to settlement class members identified from the records of specified 26 || retailers. Plaintiff has subpoenaed said retailers for documents sufficient to identify 27 || the names and email addresses of these settlement class members. These documents 28 || will necessarily contain private information for which special protection from □□□□□□□□□□□□□□□□□□□□□ i;‘(‘ i‘ ; ; □□□

1 2 || public disclosure and from use for any purpose other than pursuing this litigation 3 || may be warranted. 4 Accordingly, the Court enters the following Protective Order, as modified. 5 || This Order does not confer blanket protections on all disclosures or responses to 6 || discovery and that the protection it affords from public disclosure and use extends 7 || only to the limited information or items that are entitled to confidential treatment 8 || under the applicable legal principles. 9 2. GOOD CAUSE STATEMENT 10 Class settlement proceedings in this action are likely to involve confidential 11 || nonpublic information, including the private personal information of potential class 12 || members, for which special protection from public disclosure and from use for any 13 || purpose other than prosecution of this action is warranted. Accordingly, to facilitate 14 || a possible class action settlement, expedite the flow of information, to facilitate the 15 || prompt resolution of disputes over confidentiality of settlement-related discovery 16 || materials, to adequately protect information third parties are entitled to keep 17 || confidential, to ensure that the parties are permitted reasonable necessary uses of 18 || such material, to address their handling at the end of the litigation, and serve the 19 || ends of justice, a protective order for such information is justified in this matter. It 20 || is the intent of the parties that information will not be designated as confidential for 21 || tactical reasons and that nothing be so designated without a good faith belief that it 22 || has been maintained in a confidential, non-public manner, and there is good cause 23 || why it should not be part of the public record of this case. 24 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 25 As set forth in Section 13.3, below, this Stipulated Protective Order does not 26 || entitle the parties to file confidential information under seal; Local Civil Rule 79-5 27 || sets forth the procedures that must be followed and the standards that will be 28 || applied when a party seeks permission from the court to file material under seal. PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || There is a strong presumption that the public has a right of access to judicial 2 || proceedings and records in civil cases. In connection with non-dispositive motions, 3 || good cause must be shown to support a filing under seal. See Kamakana v. City and 4 | County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 5 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 6 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 7 || require good cause showing), and a specific showing of good cause or compelling 8 || reasons with proper evidentiary support and legal justification, must be made with 9 || respect to Protected Material that a party seeks to file under seal. The parties’ mere 10 || designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 11 || without the submission of competent evidence by declaration, establishing that the 12 || material sought to be filed under seal qualifies as confidential, privileged, or 13 || otherwise protectable—constitute good cause. 14 Further, if a party requests sealing related to a dispositive motion or trial, 15 || then compelling reasons, not only good cause, for the sealing must be shown, and 16 || the relief sought shall be narrowly tailored to serve the specific interest to be 17 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 18 || 2010). For each item or type of information, document, or thing sought to be filed 19 || or introduced under seal, the party seeking protection must articulate compelling 20 || reasons, supported by specific facts and legal justification, for the requested sealing 21 || order. Again, competent evidence supporting the application to file documents 22 || under seal must be provided by declaration. 23 Any document that is not confidential, privileged, or otherwise protectable in 24 || its entirety will not be filed under seal if the confidential portions can be redacted. 25 || If documents can be redacted, then a redacted version for public viewing, omitting 26 || only the confidential, privileged, or otherwise protectable portions of the document, 27 || shall be filed. Any application that seeks to file documents under seal in their 28 || entirety should include an explanation of why redaction is not feasible. PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 4. DEFINITIONS 2 4.1 Action: Sharae Casey v. Doctor’s Best, Inc., Case No. 8:20-cv-01325- 3 || JLS-JDE. 4 4.2 Challenging Party: a Party or Non-Party that challenges the 5 designation of information or items under this Order. 6 4.33. “CONFIDENTIAL” Information or Items: information (regardless of 7 || how it is generated, stored or maintained) or tangible things that qualify for 8 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in 9 || the Good Cause Statement. 10 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 11 || their support staff). 12 4.5 Designating Party: a Party or Non-Party that designates information or 13 || items that it produces in disclosures or in responses to discovery as 14 | “CONFIDENTIAL.” 15 4.6 Disclosure or Discovery Material: all items or information, regardless 16 || of the medium or manner in which it is generated, stored, or maintained (including, 17 || among other things, testimony, transcripts, and tangible things), that are produced 18 || or generated in disclosures or responses to discovery. 19 4.7 Expert: a person with specialized knowledge or experience in a matter 20 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 || an expert witness or as a consultant in this Action. 22 4.8 House Counsel: attorneys who are employees of a party to this Action. 23 || House Counsel does not include Outside Counsel of Record or any other outside 24 || counsel. 25 4.9 Non-Party: any natural person, partnership, corporation, association or 26 || other legal entity not named as a Party to this action. 27 4.10 Outside Counsel of Record: attorneys who are not employees of a 28 || party to this Action but are retained to represent a party to this Action and have PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || appeared in this Action on behalf of that party or are affiliated with a law firm that 2 || has appeared on behalf of that party, and includes support staff. 3 4.11 Party: any party to this Action, including all of its officers, directors, 4 || employees, consultants, retained experts, and Outside Counsel of Record (and their 5 || support staffs). 6 4.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 || Discovery Material in this Action. 8 4.13 Professional Vendors: persons or entities that provide litigation 9 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 || demonstrations, organizing, storing, or retrieving data in any form or medium, or 11 || assisting with the settlement of this Action, including acting as claim administrator) 12 || and their employees and subcontractors. 13 4.14 Protected Material: any Disclosure or Discovery Material that is 14 || designated as “CONFIDENTIAL.” 15 4.15 Receiving Party: a Party that receives Disclosure or Discovery 16 Material from a Producing Party. 17 5. SCOPE 18 The protections conferred by this Order cover not only Protected Material (as 19 defined above), but also (1) any information copied or extracted from Protected 0 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 1 || and (3) any testimony, conversations, or presentations by Parties or their Counsel 99 || that might reveal Protected Material. 73 Any use of Protected Material at trial shall be governed by the orders of the 74 || trial judge and other applicable authorities. This Order does not govern the use of 95 || Protected Material at trial. 26 | /// 97 || /// ag | /// PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 6. DESIGNATING PROTECTED MATERIAL 2 6.1 Exercise of Restraint and Care in Designating Material for Protection. 3 Each Party or Non-Party that designates information or items for protection 4 under this Order must take care to limit any such designation to specific material > that qualifies under the appropriate standards. The Designating Party must 6 designate for protection only those parts of material, documents, items or oral or written communications that qualify so that other portions of the material, 8 documents, items or communications for which protection is not warranted are not 9 swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate or routinized designations are prohibited. Designations i that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to 13 impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. 1 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 6.2 Manner and Timing of Designations. Except as otherwise provided in 19 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 20 that qualifies for protection under this Order must be clearly so designated before 71 the material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic 24 documents, but excluding transcripts of depositions or other pretrial or trial 29 proceedings), that the Producing Party affix at a minimum, the legend 26 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 27 contains protected material. If only a portion of the material on a page qualifies for 28 PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || protection, the Producing Party also must clearly identify the protected portion(s) 2 || (e.g., by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 || need not designate them for protection until after the inspecting Party has indicated 5 || which documents it would like copied and produced. During the inspection and 6 || before the designation, all of the material made available for inspection shall be 7 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the 8 || documents it wants copied and produced, the Producing Party must determine 9 || which documents, or portions thereof, qualify for protection under this Order. Then, 10 || before producing the specified documents, the Producing Party must affix the 11 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 12 || portion of the material on a page qualifies for protection, the Producing Party also 13 || must clearly identify the protected portion(s) (e.g., by making appropriate markings 14 || in the margins). 15 (b) for testimony given in depositions that the Designating Party 16 || identifies the Disclosure or Discovery Material on the record, before the close of 17 || the deposition all protected testimony. 18 (c) for information produced in some form other than documentary and 19 || for any other tangible items, that the Producing Party affix in a prominent place on 20 || the exterior of the container or containers in which the information is stored the 21 || legend “CONFIDENTIAL.” If only a portion or portions of the information 22 || warrants protection, the Producing Party, to the extent practicable, shall identify the 23 || protected portion(s). 24 6.3. 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 27 || material. Upon timely correction of a designation, the Receiving Party must make 28 PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || reasonable efforts to assure that the material is treated in accordance with the 2 || provisions of this Order. 3 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 5 || designation of confidentiality at any time that is consistent with the Court’s 6 || Scheduling Order. 7 7.2.|Meet and Confer. The Challenging Party shall initiate the dispute 8 || resolution process under Local Rule 37-1 et seq. 9 7.3. Joint Stipulation. Any challenge submitted to the Court shall be via a 10 || joint stipulation pursuant to Local Rule 37-2. 11 7.4 The burden of persuasion in any such challenge proceeding shall be on 12 || the Designating Party. Frivolous challenges, and those made for an improper 13 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 14 || parties) may expose the Challenging Party to sanctions. Unless the Designating 15 || Party has waived or withdrawn the confidentiality designation, all parties shall 16 || continue to afford the material in question the level of protection to which it is 17 || entitled under the Producing Party’s designation until the Court rules on the 18 || challenge. 19 8. ACCESS TO AND USE OF PROTECTED MATERIAL 20 8.1 Basic Principles. A Receiving Party may use Protected Material that is 21 || disclosed or produced by another Party or by a Non-Party in connection with this 22 || Action only for prosecuting, defending or attempting to settle this Action. Such 23 || Protected Material may be disclosed only to the categories of persons and under the 24 || conditions described in this Order. When the Action has been terminated, a 25 || Receiving Party must comply with the provisions of section 14 below (FINAL 26 || DISPOSITION). 27 | /// 28 | /// PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 Protected Material must be stored and maintained by a Receiving Party at a 2 || location and in a secure manner that ensures that access 1s limited to the persons 3 || authorized under this Order. 4 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 || otherwise ordered by the court or permitted in writing by the Designating Party, a 6 || Receiving Party may disclose any information or item designated 7 || “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 9 || well as employees of said Outside Counsel of Record to whom it is reasonably 10 || necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) of 12 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 || disclosure is reasonably necessary for this Action and who have signed the 15 || “Acknowledgment and Agreement to Be Bound” (Dkt. 39-1); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and Professional 19 || Vendors to whom disclosure is reasonably necessary for this Action and who have 20 || signed the “Acknowledgment and Agreement to Be Bound” (Dkt. 39-1); 21 (g) the author or recipient of a document containing the information or 22 || custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, in 24 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing 25 || party requests that the witness sign the “Acknowledgment and Agreement to be 26 || Bound” (Dkt. 39-1); and (2) they will not be permitted to keep any confidential 27 || information unless they sign the “Acknowledgment and Agreement to Be Bound” 28 || (Dkt. 39-1), unless otherwise agreed by the Designating Party or ordered by the PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || court. Pages of transcribed deposition testimony or exhibits to depositions that 2 || reveal Protected Material may be separately bound by the court reporter and may 3 || not be disclosed to anyone except as permitted under this Protective Order; and 4 (1) any mediators or settlement officers and their supporting personnel, 5 || mutually agreed upon by any of the parties engaged in settlement discussions. 6 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED 7 PRODUCED IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation g || that compels disclosure of any information or items designated in this Action as 10 || “CONFIDENTIAL,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such notification 12 || shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or 14 || order to issue in the other litigation that some or all of the material covered by the 15 || subpoena or order is subject to this Protective Order. Such notification shall include 16 || acopy of this Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 || pursued by the Designating Party whose Protected Material may be affected. If the 19 || Designating Party timely seeks a protective order, the Party served with the 20) || subpoena or court order shall not produce any information designated in this action 91 || as “CONFIDENTIAL” before a determination by the court from which the 79 || subpoena or order issued, unless the Party has obtained the Designating Party’s 23 || permission. The Designating Party shall bear the burden and expense of seeking 34 || protection in that court of its confidential material and nothing in these provisions 25 || should be construed as authorizing or encouraging a Receiving Party in this Action 26 || to disobey a lawful directive from another court. 97 | /// 28 || /// PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

| 10. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO 2 BE 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-Party 13 || that some or all of the information requested is subject to a confidentiality 14 || agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of this Protective 16 || Order in this Action, the relevant discovery request(s), and a reasonably specific 17 || description of the information requested; and 18 (3) make the information requested available for inspection by the 19 || Non-Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court 21 || within 14 days of receiving the notice and accompanying information, the 22 || Receiving Party may produce the Non-Party’s confidential information responsive 23 || to the discovery request. If the Non-Party timely seeks a protective order, the 24 || Receiving Party shall not produce any information in its possession or control that 25 || is subject to the confidentiality agreement with the Non-Party before a 26 || determination by the court. Absent a court order to the contrary, the Non-Party shall 27 || bear the burden and expense of seeking protection in this court of its Protected 28 || Material. PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

| 11. UNAUTHORIZED DISCLOSURE OF PROTECTED 2 MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 || Protected Material to any person or in any circumstance not authorized under this 5 || Protective Order, the Receiving Party must immediately (a) notify in writing the 6 || Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 7 || all unauthorized copies of the Protected Material, (c) inform the person or persons 8 || to whom unauthorized disclosures were made of all the terms of this Order, and (d) 9 || request such person or persons to execute the “Acknowledgment an Agreement to 10 || Be Bound” (Dkt. 39-1) 11 12, INADVERTENT PRODUCTION OF PRIVILEGED OR

OTHERWISE PROTECTED MATERIAL

13 When a Producing Party gives notice to Receiving Parties that certain 14 || inadvertently produced material is subject to a claim of privilege or other 15 || protection, the obligations of the Receiving Parties are those set forth in Federal 16 || Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify 17 || whatever procedure may be established in an e-discovery order that provides for 18 || production without prior privilege review. Pursuant to Federal Rule of Evidence 19 |) 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 209 || of a communication or information covered by the attorney-client privilege or work 91 || product protection, the parties may incorporate their agreement in the stipulated 99 || protective order submitted to the court. 73 13. MISCELLANEOUS 74 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 || person to seek its modification by the Court in the future. 26 13.2 Right to Assert Other Objections. By stipulating to the entry of this 77 || Protective Order, no Party waives any right it otherwise would have to object to 2g || disclosing or producing any information or item on any ground not addressed in PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || this Protective Order. Similarly, no Party waives any right to object on any ground 2 || to use in evidence of any of the material covered by this Protective Order. 3 13.3 Filing Protected Material. A Party that seeks to file under seal any 4 || Protected Material must comply with Local Civil Rule 79-5. Protected Material 5 || may only be filed under seal pursuant to a court order authorizing the sealing of the 6 || specific Protected Material. If a Party’s request to file Protected Material under seal 7 || 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 14. FINAL DISPOSITION 10 After the final disposition of this Action, within 60 days of a written 11 || request by the Designating Party, each Receiving Party must return all Protected 12 || Material to the Producing Party or destroy such material. In the event that the Court 13 || gives final approval to a class settlement in this action, the date of “final 14 || disposition” shall be 180 days after the occurrence of the Effective Date as defined 15 || in the class settlement agreement; provided, however, that if the claim administrator 16 || has not paid all valid settlement class member claims within 180 days after the 17 || Effective Date as defined by the class settlement agreement, then the date of “final 18 || disposition” shall be the date that the claim administrator confirms in writing to the 19 || parties that it has paid all valid claims. In the event the Action concludes in any 20 || manner other than through final approval of a class settlement, the date of “final 21 || disposition” shall be 180 days after (a) any judgment has become a final, non- 22 || appealable judgment, or (b) the Action has been dismissed. 23 As used in this subdivision, “all Protected Material” includes all copies, 24 || abstracts, compilations, summaries, and any other format reproducing or capturing 25 || any of the Protected Material. Whether the Protected Material is returned or 26 || destroyed, the Receiving Party must submit a written certification to the Producing 27 || Party (and, if not the same person or entity, to the Designating Party) by the 60-day 28 || deadline that (1) identifies (by category, where appropriate) all the Protected PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!

1 || Material that was returned or destroyed and (2) affirms that the Receiving Party has 2 || not retained any copies, abstracts, compilations, summaries or any other format 3 || reproducing or capturing any of the Protected Material. Notwithstanding this 4 || provision, Counsel are entitled to retain an archival copy of all pleadings, motion 5 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 6 || deposition and trial exhibits, expert reports, attorney work product, and consultant 7 || and expert work product, even if such materials contain Protected Material. Any 8 || such archival copies that contain or constitute Protected Material remain subject to 9 || this Protective Order. 10 15. VIOLATION 11 Any violation of this Order may be punished by appropriate measures 12 || including, without limitation, contempt proceedings and/or monetary sanctions. 13 14 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 15 16 || DATED: October 12, 2021 17 18 yh ba □□ 19 ited States Magistrate Judge 20 21 22 23 24 25 26 27 28 PROTECTIVEORDER—(‘( i‘ (‘i i‘ COW!