even stipulated protective 20 || orders require good cause showing
How later courts described this case
- even stipulated protective 20 || orders require good cause showing
Written by the judges who cited it.
The opinion
1 || SARAH E. ROSS, Bar No. 252206
TPSANDRIAM
2 . WITTE, Bar No. 273494
awitte@hittlercom
3 ittler Mendelson, P.C.
2049 Century Park East
4 || 5th Floor
Los Angeles, CA 90067.3107
5 pelephone: 310-323-0308
Fax No.: 310.553.5583
6
Attorneys for Defendant
7 | HUHTAMAKI, INC.
8 | MOON & YANG, APC
Kane Moon, Bar No. 249834
9 kane.moon@moonyanglaw.com
. scott Leviant, Bar No. 4
10 scott leviant(@moonyanslaw.com
ilit Ter-Astvatsatryan, Bar No. 320389
11 lilitt@moonyanglaw.com
. Seventh St., Suite 1880
12 || Los Angeles, CA 90017
Tel: (213) 232-3128
13 |) Fax: (213) 232-3125
14 Attomeys for Plaintiff
JUAN J. CHAVEZ
15
16 UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA
18
JUAN J. CHAVEZ, individually, Case No. 2:19-cv-05930-ODW-JEM
19 || and on behalf of all others similarly
situated, ASSIGNED TO HONORABLE JUDGE
20 OTIS WRIGHT
Plaintiff,
21 {Discovery Document: Referred to
v. agistrate Judge John E. McDermott]
22
HUHTAMAKI, INC. a Kansas STIPULATION AND [PRGPESED}—
23 corporation: and DOES ! through PROTECTIVE ORDER
24
Defendant. Complaint Filed: June 5, 2019
25 Removed: July 10, 2019
26
27
28
1 Plaintiff JUAN J. CHAVEZ (‘Plaintiff’) on the one hand, and Defendant
2 | HUHTAMAKI, INC. (“Defendant” or “Huhtamaki’) on the other, by and through
3 || their respective counsel of record, herein AGREE and STIPULATE as follows:
4], 1. PURPOSES AND LIMITATIONS
5 Discovery in this action is likely to involve production of confidential,
6 || proprietary or private information for which special protection from public disclosure
7 || and from use for any purpose other than pursuing this litigation may be warranted.
8 || Accordingly, the parties hereby stipulate to and petition the Court to enter the
9 || following Stipulated Protective Order. The parties acknowledge that this Order does
10 |) not confer blanket protections on all disclosures or responses to discovery and that the
11 |} protection it affords from public disclosure and use extends only to the limited
12 || information or items that are entitled to confidential treatment under the applicable
13 || legal principles.
14 | 2. GOOD CAUSE STATEMENT
15 This is a putative class action involving third party putative class members’
16 || private and confidential personal and employment information, including but not
17 || limited to, putative class members’ names, addresses, telephone numbers, social
18 || security numbers, personal identifiable information, dates of employment, job titles,
19 || employment personnel files, time punches, payroll data, financial information, and
20 || other private and confidential information for which special protection from public
21 |} disclosure and from use for any purpose other than prosecution of this action is
22 || warranted. Such confidential and private information is otherwise generally
23 || unavailable to the public and/or is privileged or otherwise protected from disclosure
24 || under state or federal statutes, court rules, case decisions, or common law. Disclosure
25 || of the foregoing confidential information to the public without proper protection will
26 || result in serious violation of privacy of third parties and may lead to misuse of such
27 || information. Accordingly, to expedite the flow of information, to facilitate the prompt
28 || resolution of disputes over confidentiality of discovery materials, to adequately
2. STIPULATION AND PROTECTIVE ORDER
1 || protect information the parties are entitled to keep confidential, to ensure that the
2 || parties are permitted reasonable necessary uses of such material in preparation for and
3 || in the conduct of trial, to address their handling at the end of the litigation, and serve
4 || the ends of justice, a protective order for such information is justified in this matter. It
5 || is the intent of the parties that information will not be designated as confidential for
6 || tactical reasons and that nothing be so designated without a good faith belief that it
7 || has been maintained in a confidential, non-public manner, and there is good cause
8 || why it should not be part of the public record of this case.
9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
10 The parties further acknowledge, as set forth in Section 13.3, below, that this
11 |) Stipulated Protective Order does not entitle them to file confidential information under
12 || seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
13 || standards that will be applied when a party seeks permission from the court to file
14 || material under seal. There is a strong presumption that the public has a right of access
15 || to judicial proceedings and records in civil cases. In connection with non-dispositive
16 || motions, good cause must be shown to support a filing under seal. See Kamakana v.
17 || City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
18 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon □□ Sony
19 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
20 || orders require good cause showing), and a specific showing of good cause or
21 || compelling reasons with proper evidentiary support and legal justification, must be
22 || made with respect to Protected Material that a party seeks to file under seal. The
23 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
24 || does not—without the submission of competent evidence by declaration, establishing
25 || that the material sought to be filed under seal qualifies as confidential, privileged, or
26 || otherwise protectable—constitute good cause.
27 Further, if a party requests sealing related to a dispositive motion or trial, then
28 || compelling reasons, not only good cause, for the sealing must be shown, and the relief
3. STIPULATION AND PROTECTIVE ORDER
1 | sought shall be narrowly tailored to serve the specific interest to be protected. See
2 || Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
3 || item or type of information, document, or thing sought to be filed or introduced under
4 || seal, the party seeking protection must articulate compelling reasons, supported by
5 || specific facts and legal justification, for the requested sealing order. Again, competent
6 || evidence supporting the application to file documents under seal must be provided by
7 || declaration.
8 Any document that is not confidential, privileged, or otherwise protectable in its
9 || entirety will not be filed under seal if the confidential portions can be redacted. If
10 || documents can be redacted, then a redacted version for public viewing, omitting only
11 || the confidential, privileged, or otherwise protectable portions of the document, shall
12 || be filed. Any application that seeks to file documents under seal in their entirety
13 || should include an explanation of why redaction is not feasible.
14 4. DEFINITIONS
15 4.1. Action: Juan J. Chavez v. Huhtamaki, Inc., Case No. 2:19-cv-05930-
16 || ODW-JEM.
17 4.2 Challenging Party: a Party or Non-Party that challenges the designation
18 || of information or items under this Order.
19 43 “CONFIDENTIAL” Information or Items: information (regardless of
20 || how it is generated, stored or maintained) or tangible things that qualify for protection
21 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
22 || Cause Statement.
23 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
24 || support staff).
25 4.5 Designating Party: a Party or Non-Party that designates information or
26 || items that it produces in disclosures or in responses to discovery as
27 || “CONFIDENTIAL.”
28 4.6 Disclosure or Discovery Material: all items or information, regardless of
4. STIPULATION AND PROTECTIVE ORDER
1 || the medium or manner in which it is generated, stored, or maintained (including,
2 || among other things, testimony, transcripts, and tangible things), that are produced or
3 || generated in disclosures or responses to discovery.
4 4.7 Expert: a person with specialized knowledge or experience in a matter
5 || pertinent to the litigation who has been retained by a Party or its counsel to serve as an
6 || expert witness or as a consultant in this Action.
7 4.8 “Huhtamaki Employee Information” means all information that is
8 || provided by Huhtamaki to Plaintiff's Counsel that identifies or can be used to identify
9 || a particular individual, including without limitation, names, addresses, phone
10 || numbers, email addresses, employee numbers, and social security numbers. Unless
11 || otherwise designated as “Confidential,” Huhtamaki Employee Information does not
12 || include information provided by Huhtamaki regarding Plaintiff Juan J. Chavez.
13 4.9 House Counsel: attorneys who are employees of a party to this Action.
14 || House Counsel does not include Outside Counsel of Record or any other outside
15 j| counsel.
16 4.10 Non-Party: any natural person, partnership, corporation, association or
17 || other legal entity not named as a Party to this action.
18 4.11 Outside Counsel of Record: attorneys who are not employees of a party
19 || to this Action but are retained to represent a party to this Action and have appeared in
20 || this Action on behalf of that party or are affiliated with a law firm that has appeared
21 || on behalf of that party, and includes support staff.
22 4.12 Party: any party to this Action, including all of its officers, directors,
23 |} employees, consultants, retained experts, and Outside Counsel of Record (and their
24 || support staffs).
25 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
26 || Discovery Material in this Action.
27 4.14 Professional Vendors: persons or entities that provide litigation support
28 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
5. STIPULATION AND PROTECTIVE ORDER
1 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 || and their employees and subcontractors.
3 4.15 Protected Material: any Disclosure or Discovery Material that is
4 || designated as “CONFIDENTIAL.”
5 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material
6 || from a Producing Party.
7 5. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 || Protected Material (as defined above), but also (1) any information copied or extracted
10 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of
11 || Protected Material; and (3) any testimony, conversations, or presentations by Parties
12 || or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial shall be governed by the orders of the trial
14 || judge and other applicable authorities. This Order does not govern the use of Protected
15 || Material at trial.
16 6. | DESIGNATING PROTECTED MATERIAL
17 6.1 Manner and Timing of Designations. Except as otherwise provided in
18 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
19 || qualifies for protection under this Order must be clearly so designated before the
|| material is disclosed or produced.
21 Designation in conformity with this Order requires:
22 (a) for information in documentary form (e.g., paper or electronic
23 || documents, but excluding transcripts of depositions or other pretrial or trial
24 || proceedings), that the Producing Party affix at a minimum, the legend
25 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’), to each page that
26 || contains protected material. If only a portion of the material on a page qualifies for
27 || protection, the Producing Party also must clearly identify the protected portion(s)
28 || (e.g., by making appropriate markings in the margins).
6. STIPULATION AND PROTECTIVE ORDER
1 A Party or Non-Party that makes original documents available for inspection
2 || need not designate them for protection until after the inspecting Party has indicated
3 || which documents it would like copied and produced. During the inspection and before
4 || the designation, all of the material made available for inspection shall be deemed
5 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
6 || copied and produced, the Producing Party must determine which documents, or
7 || portions thereof, qualify for protection under this Order. Then, before producing the
8 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
9 || to each page that contains Protected Material. If only a portion of the material on a
10 || page qualifies for protection, the Producing Party also must clearly identify the
11 || protected portion(s) (e.g., by making appropriate markings in the margins).
12 (b) for testimony given in depositions that the Designating Party
13 || identifies the Disclosure or Discovery Material on the record, before the close of the
14 || deposition all protected testimony.
15 (c) for information produced in some form other than documentary and
16 || for any other tangible items, that the Producing Party affix in a prominent place on the
17 || exterior of the container or containers in which the information is stored the legend
18 || “CONFIDENTIAL.” If only a portion or portions of the information warrants
19 || protection, the Producing Party, to the extent practicable, shall identify the protected
20 || portion(s).
21 6.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent
22 || failure to designate qualified information or items does not, standing alone, waive the
23 || Designating Party’s right to secure protection under this Order for such material.
24 || Upon timely correction of a designation, the Receiving Party must make reasonable
25 || efforts to assure that the material is treated in accordance with the provisions of this
26 || Order.
27
28
Po
a0 7. STIPULATION AND PROTECTIVE ORDER
1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 7.1. Timing of Challenges. Any Party or Non-Party may challenge a
3 || designation of confidentiality at any time that is consistent with the Court’s
4 || Scheduling Order.
5 7.2 Meet_and Confer. The Challenging Party shall initiate the dispute
6 |} resolution process under Local Rule 37-1 et seq.
7 7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
8 || joint stipulation pursuant to Local Rule 37-2.
9 7.4 The burden of persuasion in any such challenge proceeding shall be on
10 || the Designating Party. Frivolous challenges, and those made for an improper purpose
11 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
12 || expose the Challenging Party to sanctions. Unless the Designating Party has waived or
13 || withdrawn the confidentiality designation, all parties shall continue to afford the
14 || material in question the level of protection to which it is entitled under the Producing
15 || Party’s designation until the Court rules on the challenge.
16 8. ACCESS TO AND USE OF PROTECTED MATERIAL
17 8.1 Basic Principles. A Receiving Party may use Protected Material that is
18 || disclosed or produced by another Party or by a Non-Party in connection with this
19 || Action only for prosecuting, defending or attempting to settle this Action. Such
20 || Protected Material may be disclosed only to the categories of persons and under the
21 || conditions described in this Order. When the Action has been terminated, a Receiving
22 || Party must comply with the provisions of section 14 below (FINAL DISPOSITION).
23 Protected Material must be stored and maintained by a Receiving Party at a
24 || location and in a secure manner that ensures that access is limited to the persons
25 |) authorized under this Order.
26 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
27 || otherwise ordered by the court or permitted in writing by the Designating Party, a
28 || Receiving Party may disclose any information or item designated “CONFIDENTIAL”
8. STIPULATION AND PROTECTIVE ORDER
1 || only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
3 || well as employees of said Outside Counsel of Record to whom it is reasonably
4 || necessary to disclose the information for this Action;
5 (b) the officers, directors, and employees (including House Counsel) of
6 || the Receiving Party to whom disclosure is reasonably necessary for this Action;
7 (c) Experts (as defined in this Order) of the Receiving Party to whom
8 || disclosure is reasonably necessary for this Action and who have signed the
9 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (d) the court and its personnel;
11 (e) court reporters and their staff;
12 (f) professional jury or trial consultants, mock jurors, and Professional
13 || Vendors to whom disclosure is reasonably necessary for this Action and who have
14 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (g) the author or recipient of a document containing the information or a
16 || custodian or other person who otherwise possessed or knew the information;
17 (h) during their depositions, witnesses, and attorneys for witnesses, in the
18 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
19 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
20 || not be permitted to keep any confidential information unless they sign the
21 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
22 || by the Designating Party or ordered by the court. Pages of transcribed deposition
23 || testimony or exhibits to depositions that reveal Protected Material may be separately
24 || bound by the court reporter and may not be disclosed to anyone except as permitted
25 || under this Stipulated Protective Order; and
26 (i) any mediators or settlement officers and their supporting personnel,
27 || mutually agreed upon by any of the parties engaged in settlement discussions.
28 8.3 Protection and Use of Huhtamaki Employee Information.
9. STIPULATION AND PROTECTIVE ORDER
1 (a) At all times, Plaintiff's Counsel have, and will maintain for as long as
2 || they access, process, store or transmit Huhtamaki Employee Information, a
3 || comprehensive, written information security program that complies with applicable
4 || law and industry best practices. The security program will apply to all locations,
5 || systems, devices and equipment used by Plaintiff or Plaintiff's Counsel to access,
6 || process, store, or transmit Huhtamaki Employee Information (‘Plaintiff's Counsel’s
7 || Systems”), and it will include physical, administrative, and technical security controls
8 || that prevent unauthorized access to, disclosure of, loss of, or use of the Plaintiffs
9 || Counsel’s Systems and the Huhtamaki Employee Information that those Plaintiffs
10 || Counsel’s Systems process, store, or transmit. In the event that Plaintiff or Plaintiff's
11 |} Counsel suspect that any Plaintiff's Counsel’s Systems or Huhtamaki Employee
12 || Information that the Plaintiff's Counsel’s Systems, the Plaintiff or the Plaintiffs
13 || Counsel processes, stores, or transmits is subject to any suspected or actual
14 || unauthorized access, use, or disclosure, Plaintiff's Counsel will immediately notify
15 || Huhtamaki’s Counsel, Littler Mendelson, P.C., c/o Sarah E. Ross and Alexandria M.
16 || Witte, by telephone and writing. Plaintiff and Plaintiff's Counsel shall use Huhtamaki
17 || Employee Information only to the extent necessary in this lawsuit, shall securely
18 || delete Huhtamaki Employee Information upon conclusion of the Proceeding or as
19 || required by law, and shall not disclose Huhtamaki Employee Information to any third
20 || party, including to Plaintiff. Plaintiff's Counsel will also be responsible for ensuring
21 || that any vendors, subcontractors or third parties retained by Plaintiff or Plaintiffs
22 || Counsel that have access to any Huhtamaki Employee Information have security
23 || programs that meet the same requirements as set forth in this paragraph.
24 (b) To further ensure that Huhtamaki Employee Information is
25 || adequately protected, the Parties agree to follow the notice process sanctioned by the
26 || Federal District Court in York v. Starbucks Corp., 2009 U.S. Dist. LEXIS 92274, 2009
27 || WL 3177605 (C.D. Cal. June 30, 2009). The Parties agree that, at the outset of
28 || Plaintiff's Counsel’s (or their designees’) first contact with each current or former
10. STIPULATION AND PROTECTIVE ORDER
1 || Huhtamaki employee whose contact information is provided by Huhtamaki through
2 || discovery in this litigation, Plaintiff's Counsel (or their designees) will inform each
3 || contacted individual that (a) the decision whether to talk with Plaintiffs Counsel is
4 || voluntary and the individual has the right not to talk with Plaintiff's Counsel (or their
5 || designees) and (b) that, if he or she elects not to talk to Plaintiff's Counsel (or their
6 || designees), Plaintiff's Counsel (or their designees) will terminate the contact and not
7 || contact them again.
8 Plaintiff's Counsel (or their designees) will also inform each individual that his
9 || or her refusal to speak with counsel will not prejudice his or her rights in any way.
10 Plaintiff's Counsel (or their designees) will keep a list of all individuals
11 || contacted and all individuals who make it known that they do not want to be contacted
12 || and preserve that list for the Court. In addition, Plaintiff's Counsel agrees that
13 || Huhtamaki Employee Information will be used only for purposes of this Proceeding
14 |} and will not be disseminated to anyone not necessary to the prosecution of this case.
15 9. PROTECTED MATERIAL _SUBPOENAED OR _ ORDERED
16 PRODUCED IN OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other litigation
18 || that compels disclosure of any information or items designated in this Action as
19 | “CONFIDENTIAL,” that Party must:
20 (a) promptly notify in writing the Designating Party. Such notification
21 || shall include a copy of the subpoena or court order;
22 (b) promptly notify in writing the party who caused the subpoena or order
23 || to issue in the other litigation that some or all of the material covered by the subpoena
24 || or order is subject to this Protective Order. Such notification shall include a copy of
25 || this Stipulated Protective Order; and
26 (c) cooperate with respect to all reasonable procedures sought to be
27 || pursued by the Designating Party whose Protected Material may be affected. If the
28 || Designating Party timely seeks a protective order, the Party served with the subpoena
11. STIPULATION AND PROTECTIVE ORDER
1 || or court order shall not produce any information designated in this action as
2 || “CONFIDENTIAL” before a determination by the court from which the subpoena or
3 || order issued, unless the Party has obtained the Designating Party’s permission. The
4 || Designating Party shall bear the burden and expense of seeking protection in that
5 || court of its confidential material and nothing in these provisions should be construed
6 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
7 || directive from another court.
8 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
9 PRODUCED IN THIS LITIGATION
10 (a) The terms of this Order are applicable to information produced by a
11 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
12 | produced by Non-Parties in connection with this litigation is protected by the
13 || remedies and relief provided by this Order. Nothing in these provisions should be
14 || construed as prohibiting a Non-Party from seeking additional protections.
15 (b) In the event that a Party is required, by a valid discovery request, to
16 || produce a Non-Party’s confidential information in its possession, and the Party is
17 || subject to an agreement with the Non-Party not to produce the Non-Party’s
18 || confidential information, then the Party shall:
19 (1) promptly notify in writing the Requesting Party and the Non-Party
20 || that some or all of the information requested is subject to a confidentiality agreement
21 || with a Non-Party;
22 (2) promptly provide the Non-Party with a copy of the Stipulated
23 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
24 || specific description of the information requested; and
25 (3) make the information requested available for inspection by the Non-
26 || Party, if requested.
27 (c) If the Non-Party fails to seek a protective order from this court within
28 || 14 days of receiving the notice and accompanying information, the Receiving Party
12. STIPULATION AND PROTECTIVE ORDER
1 || may produce the Non-Party’s confidential information responsive to the discovery
2 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
3 || produce any information in its possession or control that is subject to the
4 || confidentiality agreement with the Non-Party before a determination by the court.
5 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense
6 || of seeking protection in this court of its Protected Material.
7 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 || Protected Material to any person or in any circumstance not authorized under this
10 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
12 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
13 || persons to whom unauthorized disclosures were made of all the terms of this Order,
14 | and (d) request such person or persons to execute the “Acknowledgment an
15 | Agreement to Be Bound” attached hereto as Exhibit A.
16 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 PROTECTED MATERIAL
18 When a Producing Party gives notice to Receiving Parties that certain
19 || inadvertently produced material is subject to a claim of privilege or other protection,
20 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 || may be established in an e-discovery order that provides for production without prior
23 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24 || parties reach an agreement on the effect of disclosure of a communication or
25 || information covered by the attorney-client privilege or work product protection, the
26 || parties may incorporate their agreement in the stipulated protective order submitted to
27 || the court.
28 ///
13. STIPULATION AND PROTECTIVE ORDER
1 13. MISCELLANEOUS
2 13.1 Right to Further Relief. Nothing in this Order abridges the right of any
3 || person to seek its modification by the Court in the future.
4 13.2 Right to Assert Other Objections. By stipulating to the entry of this
5 || Protective Order, no Party waives any right it otherwise would have to object to
6 || disclosing or producing any information or item on any ground not addressed in this
7 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
8 || ground to use in evidence of any of the material covered by this Protective Order.
9 13.3. Filing Protected Material. A Party that seeks to file under seal any
10 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may
11 | only be filed under seal pursuant to a court order authorizing the sealing of the
12 || specific Protected Material. If a Party’s request to file Protected Material under seal is
13 || denied by the court, then the Receiving Party may file the information in the public
14 || record unless otherwise instructed by the court.
15 14. FINAL DISPOSITION
16 After the final disposition of this Action, within 60 days of a written request by
17 || the Designating Party, each Receiving Party must return all Protected Material to the
18 || Producing Party or destroy such material. As used in this subdivision, “all Protected
19 || Material” includes all copies, abstracts, compilations, summaries, and any other
20 || format reproducing or capturing any of the Protected Material. Whether the Protected
21 || Material is returned or destroyed, the Receiving Party must submit a written
22 || certification to the Producing Party (and, if not the same person or entity, to the
23 || Designating Party) by the 60-day deadline that (1) identifies (by category, where
24 || appropriate) all the Protected Material that was returned or destroyed and (2) affirms
25 || that the Receiving Party has not retained any copies, abstracts, compilations,
26 || summaries or any other format reproducing or capturing any of the Protected Material.
27 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
28 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
14. STIPULATION AND PROTECTIVE ORDER
1 || correspondence, deposition and trial exhibits, expert reports, attorney work product,
2 || and consultant and expert work product, even if such materials contain Protected
3 || Material. Any such archival copies that contain or constitute Protected Material
4 || remain subject to this Protective Order.
5 15. VIOLATION
6 Any violation of this Order may be punished by appropriate measures
7 || including, without limitation, contempt proceedings and/or monetary sanctions.
8
9 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10
Dated: November 13, 2019 LITTLER MENDELSON, P.C.
12
/s/ Alexandria M. Witte
13 SARAHE.ROSS”~
4 ALEXANDRIA M. WITTE
Attorneys for Defendant
15 HUHTAMAKI, INC.
16
17
ig Dated: November 13, 2019 MOON & YANG, APC
19
/s/ Lilit Ter-Astvatsatryan
H. SCOTT LEVIANT
21 LILIT TER-ASTVATSATRYAN
22 Attomeys for Plaintiff
33 JUAN J. CHAVEZ
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27
28
15. STIPULATION AND PROTECTIVE ORDER
1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
3] patep: Mov. (4, olf
Hgnp rable John E. McDermott
6 NYTED STATES MAGISTRATE JUDGE
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16. STIPULATION AND PROTECTIVE ORDER
1 EXHIBIT A
2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
3 I hereby acknowledge that I, [NAME],
4 [POSITION AND EMPLOYER], am
5 || about to receive Protected Material supplied in connection with the Action: Juan J.
6 || Chavez v. Huhtamaki, Inc.,, Case No. 2:19-cv-05930-ODW-JEM. I understand that
7 || said Protected Material is provided to me subject to the terms and restrictions of the
8 || Stipulated Protective Order filed in this Action. I have been given a copy of the
9 || Stipulated Protective Order; I have read it; and, I agree to be bound by its terms. I
10 || understand that Protected Material as defined in the Stipulated Protective Order,
11 || including any notes or other records that may be made regarding any such materials,
12 || shall not be disclosed to anyone, except as expressly permitted by the Stipulated
13 || Protective Order. I will not copy or use, except solely for the purposes of this Action,
14 || any Protected Material obtained pursuant to the Stipulated Protective Order, except as
15 || provided therein or otherwise ordered by the Court in the Action. I further understand
16 || that I am to retain all copies of all Protected Material provided to me in a secure
17 || manner, and that all copies of such Protected Material are to remain in my personal
18 || custody and control until termination of my participation in this Action, whereupon
19 || the copies of such Materials will be returned to counsel who provided me with such
20 || Material.
Dated: Sguauge
22
3 Print Name
24 Title
25 Address s—s—
City, State, Zip
27 __ □
38 Telephone Number