Opinion

Ryan Odom v. ECA Marketing, Inc.

Court: District Court, C.D. California
Filed: Oct 21, 2020
Cited by: 0 cases
Authority: More cited than 17.9%

distinguishing “good cause” showing for 7 sealing documents produced in discovery from “compelling reasons” standard 8 when merits-related documents are part of court record

How later courts described this case

distinguishing “good cause” showing for 7 sealing documents produced in discovery from “compelling reasons” standard 8 when merits-related documents are part of court record
even stipulated 25 protective orders require good cause showing

Written by the judges who cited it.

The opinion

2 A nmdarreka. eLreicvkesnosno@n (hBayarn eNsob.o 3o2n3e9.c2o6m) K a Ak Z@ Ek Ra Ozlg U.c No Im L AW GROUP, APC

andrea.levenson@haynesboone.com 245 Fischer Avenue, Suite D1

3 HAYNES AND BOONE, LLP Costa Mesa, California 92626

600 Anton Boulevard, Suite 700 Telephone: (800) 400-6808

4 Costa Mesa, California 92626

Facsimile: (800) 520-5523

Telephone: (949) 202-3000

5 Facsimile: (949) 202-3001

Yana A. Hart (Bar No. 306499)

6 R. Thaddeus Behrens (Bar No. 196322) yana@kazlg.com

Thad.behrens@haynesboone.com KAZEROUNI LAW GROUP, APC

7 HAYNES AND BOONE, LLP 2221 Camino Del Rio South, Suite 101

2323 Victory Ave., Suite 700 San Diego, California 92108

8 Dallas, Texas 75219 Telephone: (619) 233-7770

Telephone: (214) 651-5000 Facsimile: (619) 297-1022

9 Facsimile: (214) 651-5940

Attorneys for Plaintiff

10 Emily Westridge Black RYAN ODOM

(admitted pro hac vice)

11 Emily.black@haynesboone.com

HAYNES AND BOONE, LLP

12 600 Congress Ave., Suite 1300

Austin, Texas 78701

13 Telephone: (512) 867-8422

Facsimile: (512) 867-8605

Attorneys for Defendant

15 ECA MARKETING, INC.

17 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RYAN ODOM, on behalf of himself Case No.: 5:20-CV-00851 JGB (SHKx)

and others similarly situated,

21 STIPULATED PROTECTIVE

Plaintiff, ORDER

23 vs.

ECA MARKETING, INC.,

Defendant.

1 1. A. PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,

proprietary or private information for which special protection from public

disclosure and from use for any purpose other than prosecuting this litigation

may be warranted. Accordingly, the parties hereby stipulate to and petition the

Court to enter the following Stipulated Protective Order. The parties

acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords from

public disclosure and use extends only to the limited information or items that are

entitled to confidential treatment under the applicable legal principles.

B. GOOD CAUSE STATEMENT

This action is likely to involve trade secrets, customer and pricing lists and

other valuable research, development, commercial, financial, technical and/or

proprietary information for which special protection from public disclosure and

from use for any purpose other than prosecution of this action is warranted. Such

confidential and proprietary materials and information consist of, among other

things, confidential business or financial information, information regarding

confidential business practices, or other confidential research, development, or

commercial information (including information implicating privacy rights of third

parties), information otherwise generally unavailable to the public, or which may

be privileged or otherwise protected from disclosure under state or federal statutes,

court rules, case decisions, or common law. Information such as financial

statements, customer lists, marketing strategies, and competitive business plans

may need to be disclosed only to a party’s attorneys due to the potential for

competitive harm. Accordingly, to expedite the flow of information, to facilitate

the prompt resolution of disputes over confidentiality of discovery materials, to

adequately protect information the parties are entitled to keep confidential, to

1 ensure that the parties are permitted reasonable necessary uses of such material in

preparation for and in the conduct of trial, to address their handling at the end of

the litigation, and serve the ends of justice, a protective order for such information

is justified in this matter. To adequately protect information the parties are entitled

to keep confidential and to prevent competitive harm, two tiers of confidentiality

designations—“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL-

ATTORNEYS’ EYES ONLY”—are required. It is the intent of the parties that

information will not be designated as confidential for tactical reasons and that

nothing be so designated without a good faith belief that it has been maintained in

a confidential, non-public manner, and there is good cause why it should not be

part of the public record of this case.

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL

The parties further acknowledge, as set forth in Section 12.3, below, that this

Stipulated Protective Order does not entitle them to file confidential information

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

and the standards that will be applied when a party seeks permission from the court

to file material under seal.

There is a strong presumption that the public has a right of access to judicial

proceedings and records in civil cases. In connection with non-dispositive

motions, good cause must be shown to support a filing under seal. See Kamakana

v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.

Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.

Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

protective orders require good cause showing), and a specific showing of good

cause or compelling reasons with proper evidentiary support and legal justification,

must be made with respect to Protected Material that a party seeks to file under

1 seal. The parties’ mere designation of Disclosure or Discovery Material as

CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY

does not—without the submission of competent evidence by declaration,

establishing that the material sought to be filed under seal qualifies as confidential,

privileged, or otherwise protectable—constitute good cause.

Further, if a party requests sealing related to a dispositive motion or trial,

then compelling reasons, not only good cause, for the sealing must be shown, and

the relief sought shall be narrowly tailored to serve the specific interest to be

protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.

2010). For each item or type of information, document, or thing sought to be filed

or introduced under seal in connection with a dispositive motion or trial, the party

seeking protection must articulate compelling reasons, supported by specific facts

and legal justification, for the requested sealing order. Again, competent evidence

supporting the application to file documents under seal must be provided by

declaration.

Any document that is not confidential, privileged, or otherwise protectable

in its entirety will not be filed under seal if the confidential portions can be

redacted. If documents can be redacted, then a redacted version for public

viewing, omitting only the confidential, privileged, or otherwise protectable

portions of the document, shall be filed. Any application that seeks to file

documents under seal in their entirety should include an explanation of why

redaction is not feasible.

2. DEFINITIONS

2.1 Action: this pending federal lawsuit, Case No.: 5:20-CV-00851 JGB

(SHKx).

2.2 Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.

1 2.3 “CONFIDENTIAL” Information or Items: information (regardless

of how it is generated, stored or maintained) or tangible things that qualify for

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

the Good Cause Statement.

2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items: extremely sensitive “Confidential Information or Items,”

disclosure of which to another Party or Non-Party would create a substantial risk of

serious harm that could not be avoided by less restrictive means.

2.5 Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).

2.6 Designating Party: a Party or Non-Party that designates information

or items that it produces in disclosures or in responses to discovery as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY.”

2.7 Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or maintained

(including, among other things, testimony, transcripts, and tangible things), that are

produced or generated in disclosures or responses to discovery in this matter.

2.8 Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its counsel to

serve as an expert witness or as a consultant in this Action.

2.9 House Counsel: attorneys who are employees of a party to this

Action. House Counsel does not include Outside Counsel of Record or any other

outside counsel.

2.10 Non-Party: any natural person, partnership, corporation, association

or other legal entity not named as a Party to this action.

2.11 Outside Counsel of Record: attorneys who are not employees of a

1 party to this Action but are retained to represent or advise a party to this Action

and have appeared in this Action on behalf of that party or are affiliated with a law

firm that has appeared on behalf of that party, and includes support staff.

2.12 Party: any party to this Action, including all of its officers, directors,

employees, consultants, retained experts, and Outside Counsel of Record (and their

support staffs).

2.13 Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

2.14 Professional Vendors: persons or entities that provide litigation

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

demonstrations, and organizing, storing, or retrieving data in any form or medium)

and their employees and subcontractors.

2.15 Protected Material: any Disclosure or Discovery Material

that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY.”

2.16 Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only

Protected Material (as defined above), but also (1) any information copied or

extracted from Protected Material; (2) all copies, excerpts, summaries, or

compilations of Protected Material; and (3) any testimony, conversations, or

presentations by Parties or their Counsel that might reveal Protected Material. Any

use of Protected Material at trial shall be governed by the orders of the trial judge.

This Order does not govern the use of Protected Material at trial.

4. DURATION

Once a case proceeds to trial, information that was designated as

1 CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,

or maintained pursuant to this protective order, used or introduced as an exhibit at

trial becomes public and will be presumptively available to all members of the

public, including the press, unless compelling reasons supported by specific factual

findings to proceed otherwise are made to the trial judge in advance of the trial.

See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

sealing documents produced in discovery from “compelling reasons” standard

when merits-related documents are part of court record). Accordingly, the terms of

this protective order do not extend beyond the commencement of the trial.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or items for

protection under this Order must take care to limit any such designation to specific

material that qualifies under the appropriate standards. To the extent practicable,

the Designating Party must designate for protection only those parts of material,

documents, items or oral or written communications that qualify so that other

portions of the material, documents, items or communications for which protection

is not warranted are not swept unjustifiably within the ambit of this Order.

Designations with a higher confidentiality level when a lower level would

suffice are prohibited. Mass, indiscriminate or routinized designations are

prohibited. Designations 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 impose unnecessary expenses and burdens on other

parties) may expose the Designating Party to sanctions.

If it comes to a Designating Party’s attention that information or items that it

designated for protection do not qualify for protection, that Designating Party must

promptly notify all other Parties that it is withdrawing the inapplicable designation.

1 5.2 Manner and Timing of Designations. Except as otherwise provided

in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

under this Order must be clearly so designated before the material is disclosed or

produced.

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic

documents, but excluding transcripts of depositions or other pretrial or trial

proceedings), that the Producing Party affix at a minimum, the legend

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), or the legend

“HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY” (hereinafter

“HIGHLY CONFIDENTIAL legend”) to at least the first page of the document

that contains Protected Material. If only a portion or portions of the material on a

page qualifies for protection, the Producing Party also must clearly identify the

protected portion(s) (e.g., by making appropriate markings in the margins).

A Party or Non-Party that makes original documents available for inspection

need not designate them for protection until after the inspecting Party has indicated

which documents it would like copied and produced. During the inspection and

before the designation, all of the material made available for inspection shall be

deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the

inspecting Party has identified the documents it wants copied and produced, the

Producing Party must determine which documents, or portions thereof, qualify for

protection under this Order. Then, before producing the specified documents, the

Producing Party must affix the CONFIDENTIAL legend or HIGHLY

CONFIDENTIAL legend to each page that contains Protected Material. If only a

portion of the material on a page qualifies for protection, the Producing Party also

must clearly identify the protected portion(s) (e.g., by making appropriate

1 markings in the margins).

(b) for testimony given in deposition or other proceeding, the Designating

Party shall specify all protected testimony and the level of protection being

asserted or, in the alternative, may designate on the record at the deposition that the

entire transcript be designated CONFIDENTIAL or HIGHLY CONFIDENTIAL –

ATTORNEY EYES ONLY. If the Designating Party designates the entire

transcript CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEY EYES

ONLY, within 21 days after the final transcript is available, the Designating Party

must provide written notice to the other party specifically identifying by page and

line number all portions of the transcript that should be treated as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY EYES

ONLY” in accordance with this Stipulated Protective Order, otherwise the entire

transcript will be de-designated and not afforded any protection as including

confidential information. The Producing Party will have the right to exclude from

attendance at a deposition, during such time as the Protected Material is to be

disclosed, any person other than the deponent, counsel, the court reporter, the

videographer, designated experts, and any person(s) agreed upon by counsel for the

Producing Party.

for any other tangible items, that the Producing Party affix in a prominent place on

the exterior of the container or containers in which the information is stored the

legend “CONFIDENTIAL” or legend “HIGHLY CONFIDENTIAL.” If only a

portion or portions of the information warrants protection, the Producing Party, to

the extent practicable, shall identify the protected portion(s).

5.3 Inadvertent Failures to Designate. If timely corrected, an

inadvertent failure to designate qualified information or items does not, standing

alone, waive the Designating Party’s right to secure protection under this Order for

1 such material. Upon timely correction of a designation, the Receiving Party must

make reasonable efforts to assure that the material is treated in accordance with the

provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality at any time that is consistent with the Court’s

Scheduling Order.

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.

6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.

6.4 The burden of persuasion in any such challenge proceeding shall be

on the Designating Party. Frivolous challenges, and those made for an improper

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

parties) may expose the Challenging Party to sanctions. Unless the Designating

Party has waived or withdrawn the confidentiality designation, all parties shall

continue to afford the material in question the level of protection to which it is

entitled under the Producing Party’s designation until the Court rules on the

challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that

is disclosed or produced by another Party or by a Non-Party in connection with this

Action only for prosecuting, defending or attempting to settle this Action. Such

Protected Material may be disclosed only to the categories of persons and under

the conditions described in this Order. When the Action has been terminated, a

Receiving Party must comply with the provisions of section 13 below (FINAL

DISPOSITION).

1 Protected Material must be stored and maintained by a Receiving Party at a

location and in a secure manner that ensures that access is limited to the persons

authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items.

Unless otherwise ordered by the court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item

designated “CONFIDENTIAL” only to:

(a) the Receiving Party’s Outside Counsel of Record in this Action and

other attorneys from Outside Counsel of Record’s law firm, as well as employees

of said Outside Counsel of Record to whom it is reasonably necessary to disclose

the information for this Action;

(b) the officers, directors, and employees (including House Counsel) of

the Receiving Party to whom disclosure is reasonably necessary for this Action;

disclosure is reasonably necessary for this Action and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(d) the court and its personnel;

(e) court reporters and their staff;

(f) professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action and who have

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(g) the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

(h) during their depositions, witnesses, and attorneys for witnesses, in the

Action to whom disclosure is reasonably necessary provided: (1) the deposing

party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)

they will not be permitted to keep any confidential information unless they sign the

1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

agreed by the Designating Party or ordered by the court. Pages of transcribed

deposition testimony or exhibits to depositions that reveal Protected Material may

be separately bound by the court reporter and may not be disclosed to anyone

except as permitted under this Stipulated Protective Order; and

(i) any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’

EYES ONLY” Information or Items. Unless permitted in writing by the

Designating Party, a receiving party may disclose material designated HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY without further approval only

to:

(a) The Receiving Party’s Outside Counsel of Record in this action and

other attorneys from Outside Counsel of Record’s law firm and employees of

Outside Counsel of Record to whom it is reasonably necessary to disclose the

information for this Action;

(b) Experts (as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this Action and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

(d) court reporters and their staff;

(e) professional jury or trial consultants, and Professional Vendors to

whom disclosure is reasonably necessary, and who have signed the

“Acknowledgment and Agreement to Be Bound” (Exhibit A); and

(f) the author or recipient of a document containing the material, or a

custodian or other person who otherwise possessed or knew the information;

(g) any mediator or settlement officer, and their supporting personnel,

1 mutually agreed upon by any of the parties engaged in settlement discussions.

7.4 Procedures for Approving or Objecting to Disclosure of

“HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Material to

Experts.

(a) A party seeking to disclose to an expert retained by Outside Counsel

of Record any information or item that has been designated “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” must first (1) set

forth the full name of the expert and the city and state of his or her primary

residence, (2) attach a copy of the expert’s current resume, (3) identify the expert’s

current employer(s), (4) identify each person or entity from whom the expert has

received compensation or funding for work in his or her areas of expertise

(including in connection with litigation) in the past five years, and (5) identify (by

name and number of the case, filing date, and location of court) any litigation

where the expert has offered expert testimony, including by declaration, report, or

testimony at deposition or trial, in the past five years. If the expert believes any of

this information at (3) - (5) is subject to a confidentiality obligation to a third party,

then the expert should provide whatever information the expert believes can be

disclosed without violating any confidentiality agreements, and the party seeking

to disclose the information to the expert shall be available to meet and confer with

the Designating Party regarding any such confidentiality obligations.

(b) A party that makes a request and provides the information specified in

Section 7.4(a) may disclose the designated material to the identified expert unless,

within seven days of delivering the request, the party receives a written objection

from the Designating Party providing detailed grounds for the objection.

must meet and confer with the Designating Party (through direct voice-to-voice

dialogue) to try to resolve the matter by agreement within seven days of the written

1 objection. If no agreement is reached, the Party objecting to the disclosure to the

Expert may file a motion as provided under L.R. 37-1 through L.R. 37-4.

(d) In any such proceeding, the Party opposing disclosure to the Expert

shall bear the burden of proving that the risk of harm that the disclosure would

entail (under the safeguards proposed) outweighs the Receiving Party’s need to

disclose the Protected Material to its Expert.

(e) Unless the Objecting Party has waived or withdrawn the

confidentiality designation, the material in question shall not be disclosed to the

relevant expert until the Court rules on the objection.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION

If a Party is served with a subpoena or a court order issued in other litigation

that compels disclosure of any information or items designated in this Action as

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY,” that Party must:

8.1 Promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;

8.2 Promptly notify in writing the party who caused the subpoena or

order to issue in the other litigation that some or all of the material covered by the

subpoena or order is subject to this Protective Order. Such notification shall

include a copy of this Stipulated Protective Order; and

8.3 Cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

If the Designating Party timely seeks a protective order, the Party served

with the subpoena or court order shall not produce any information designated in

this action as Protected Material before a determination by the court from which

the subpoena or order issued, unless the Party has obtained the Designating Party’s

1 permission. The Designating Party shall bear the burden and expense of seeking

protection in that court of its confidential material and nothing in these provisions

should be construed as authorizing or encouraging a Receiving Party in this Action

to disobey a lawful directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION

9.1 The terms of this Order are applicable to information produced

by a Non-Party in this Action and designated as “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information

produced by Non-Parties in connection with this litigation is protected by the

remedies and relief provided by this Order. Nothing in these provisions should be

construed as prohibiting a Non-Party from seeking additional protections.

9.2 In the event that a Party is required, by a valid discovery request,

to produce a Non-Party’s confidential information in its possession, and the

Party is subject to an agreement with the Non-Party not to produce the Non-Party’s

confidential information, then the Party shall:

(a) promptly notify in writing the Requesting Party and the Non-

Party that some or all of the information requested is subject to a confidentiality

agreement with a Non-Party;

(b) promptly provide the Non-Party with a copy of the Stipulated

Protective Order in this Action, the relevant discovery request(s), and a reasonably

specific description of the information requested; and

Non-Party, if requested.

9.3 If the Non-Party fails to seek a protective order from this court

within 14 days of receiving the notice and accompanying information, the

Receiving Party may produce the Non-Party’s confidential information responsive

1 to the discovery request. If the Non-Party timely seeks a protective order, the

Receiving Party shall not produce any information in its possession or control that

is subject to the confidentiality agreement with the Non-Party before a

determination by the court. Absent a court order to the contrary, the Non-Party

shall bear the burden and expense of seeking protection in this court of its

Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has

disclosed Protected Material to any person or in any circumstance not authorized

under this Stipulated Protective Order, the Receiving Party must immediately (a)

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

the person or persons to whom unauthorized disclosures were made of all the terms

of this Order, and (d) request such person or persons to execute the

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

The inadvertent production of information that is subject to the attorney-

client privilege or work-product doctrine, or any other applicable privilege that

protects such material from is not a waiver of the attorney-privilege, or work-

product doctrine, or other applicable privilege or protection from discovery in this

case or in any other federal or state proceeding. This Order shall be interpreted to

provide the maximum protection allowed by Federal Rule of Evidence 502.

If a Party through inadvertence produces or provides Disclosure or

Discovery Material which it believes is subject to a claim of an applicable

privilege, the Producing Party may give written notice to the Receiving Party that

1 the Disclosure or Discovery Material is subject to a claim of privilege and request

that it be returned to the Producing Party. If a Producing Party or Non-Party

requests the return, pursuant to this paragraph, of any Disclosure or Discovery

Material, the Receiving Party shall not use or disclose, and shall immediately

return to the Producing Party all copies of such Disclosure or Discovery Material

or confirm that all copies have been destroyed. Return of the Disclosure or

Discovery Material by the Receiving Party shall not constitute an admission or

concession, or permit any inference, that the returned Disclosure or Discovery

Material is, in fact, properly subject to a claim of privilege nor shall it foreclose

any Party from moving the court for an order that such Disclosure or Discovery

Material has been improperly designated for reasons other than a waiver caused by

the inadvertent production.

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of

any person to seek its modification by the Court in the future. The Court retains

jurisdiction to make any amendments, modifications and additions to this

Protective Order as it may from time to time deem appropriate.

12.2 Right to Assert Other Objections. By stipulating to the entry of this

Protective Order, no Party waives any right it otherwise would have to object to

disclosing or producing any information or item on any ground not addressed in

this Stipulated Protective Order. Similarly, no Party waives any right to object on

any ground to use in evidence of any of the material covered by this Protective

Order.

12.3 Filing Protected Material. A Party that seeks to file under seal any

Protected Material must comply with Local Civil Rule 79-5. Protected Material

may only be filed under seal pursuant to a court order authorizing the sealing of the

specific Protected Material at issue. If a Party’s request to file Protected Material

1 under seal is denied by the court, then the Receiving Party may file the information

in the public record unless otherwise instructed by the court.

13. FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 4, within

60 days of a written request by the Designating Party, each Receiving Party must

return all Protected Material to the Producing Party or destroy such material. As

used in this subdivision, “all Protected Material” includes all copies, abstracts,

compilations, summaries, and any other format reproducing or capturing any of the

Protected Material. Whether the Protected Material is returned or destroyed, upon

request of a Designating Party, the Receiving Party must submit a written

certification to the Producing Party (and, if not the same person or entity, to the

Designating Party) by the 60 day deadline that (1) identifies (by category, where

appropriate) all the Protected Material that was returned or destroyed and (2)

affirms that the Receiving Party has not retained any copies, abstracts,

compilations, summaries or any other format reproducing or capturing any of the

Protected Material. Notwithstanding this provision, Counsel are entitled to retain

an archival copy of all pleadings, motion papers, trial, deposition, and hearing

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

reports, attorney work product, and consultant and expert work product, even if

such materials contain Protected Material. Any such archival copies that contain

or constitute Protected Material remain subject to this Protective Order as set forth

in Section 4 (DURATION).

14. VIOLATION

Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

DATED: October 21, 2020 HAYNES AND BOONE, LLP

4 By: /s/Andrea Levenson

Mark D. Erickson

5 Andrea Levenson

Attorneys for Defendant ECA

6 Marketing, Inc.

DATED: October 21, 2020 KAZEROUNI LAW GROUP, APC

9 By: /s/Yana A. Hart

Abbas Kazerounian

10 Yana A. Hart

Attorneys for Plaintiff Ryan Odom

Good cause appearing therefor,

IT IS SO ORDERED.

DATED: __O__c_to_b_e_r_ 2_1_,_ 2_0_2_0____ __________________________________

17 United States District/Magistrate Judge

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

5 perjury that I have read in its entirety and understand the Stipulated Protective

6 Order that was issued by the United States District Court for the Central District

7 of California on [date] in the case of Ryan Odom v. ECA Marketing, Inc., No.

8 5:20-cv-00851-JGB (SHKx). I agree to comply with and to be bound by all the

9 terms of this Stipulated Protective Order and I understand and acknowledge that

10 failure to so comply could expose me to sanctions and punishment in the nature of

11 contempt. I solemnly promise that I will not disclose in any manner any

12 information or item that is subject to this Stipulated Protective Order to any

13 person or entity except in strict compliance with the provisions of this Order. I

14 further agree to submit to the jurisdiction of the United States District Court for

15 the Central District of California for enforcing the terms of this Stipulated

16 Protective Order, even if such enforcement proceedings occur after termination of

17 this action.

18 I hereby appoint ____________________________ [print or type full name] of

19 ____________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection

21 with this action or any proceedings related to enforcement of this Stipulated

22 Protective Order.

23 Date: _________________________

24 City and State where sworn and signed: _______________________________

25 Printed name: __________________________________

27 Signature: _____________________________________

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