The opinion
11 LISA GRUEN (SBN 116077)
lgruen@goldbergsegalla.com
22 ALEXANDRA B. ASCIONE (SBN 316499)
aascione@goldbergsegalla.com
33 GOLDBERG SEGALLA LLP
777 S. Figueroa Street, Suite 2000
44 Los Angeles, CA 90017-5818
NOTE: CHANGES MADE BY THE COURT
Mailing Address:
55 P.O. Box 17220
Los Angeles, CA 90017
66 Telephone: 213-415-7200
Facsimile: 213-415-7299
77
Attorneys for Defendants TRISTAR PRODUCTS, INC. and BED BATH &
88 BEYOND
99 UNITED STATES DISTRICT COURT
1100 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION
1111
ANDREA C. HERNANDEZ AND Case No.: 2:20-CV-07367 MCS (JPRx)
1122 ROGER A. HERNANDEZ, Judge: Hon. Mark C. Scarsi, Dept. 7C
1133 Plaintiffs, ORDER GRANTING STIPULATION
FOR PROTECTIVE ORDER
1144 v.
1155 TRISTAR PRODUCTS, INC.; BED
BATH & BEYOND; AND DOES 1
1166 THROUGH 100, INCLUSIVE,
Complaint Filed: 07/13/2020
1177 Defendants. Removed from State Court: 8/14/2020
1188
1199
2200 1. INTRODUCTION
2211 Plaintiffs, ANDREA C. HERNANDEZ AND ROGER A. HERNANDEZ,
2222 and DEFENDANTS, TRISTAR PRODUCTS, INC. and BED BATH & BEYOND
2233 (hereinafter “DEFENDANTS”), by and through their respective attorneys (referred
2244 to collectively as “THE PARTIES”), hereby enter into the following
2255 STIPULATION and PROTECTIVE ORDER (hereinafter “PROTECTIVE
2266 ORDER”) concerning documents, materials and information to be produced by THE
2277 PARTIES. DEFENDANT desires to maintain the confidentiality of the documents
and/or things itself as well as the confidentiality of the fact of their existence, their
11 description and identity and their sum and substance. The parties, their attorneys,
22 their experts, and their agents have agreed to comply with the letter and intent of
33 such confidentiality.
44 1.1 PURPOSES AND LIMITATIONS
55 Specifically, the Parties to this action contemplate that discovery will involve
66 information and documents that contain personal medical and financial information,
77 trade secrets, proprietary or competitively sensitive financial and business
88 information, and other private or confidential information. The Parties request entry
99 of this Stipulation for Protective Order (“Protective Order”) to establish procedures
1100 to enable the parties to obtain discovery of such information and documents; to
1111 protect against public disclosure; and to promptly resolve disputes over
1122 confidentiality. The Parties, through their counsel of record, stipulate as follows:
1133 1.2 GOOD CAUSE STATEMENT
1144 This Protective Order is warranted because certain documents, information,
1155 records, and other DEFENDANTS materials contain proprietary or confidential
1166 information which Defendants believe is entitled to be protected by a Court Order
1177 against disclosure to competitors or to third persons for any purpose other than its
1188 use in this specific litigation. Confidential Information derives value from not being
1199 publicly known, and public disclosure could lead to serious and unwarranted injury.
2200 “Confidential Information” refers to information that is private, confidential, or
2211 proprietary, including, but not limited to, the following possible representative but
2222 non-exclusive examples:
2233 personally identifiable information
2244 medical records
2255 taxes and other financial records
2266 accounting or financial statements (not including publicly available
2277 financial statements)
trade secrets
11 commercial, financial, pricing, budgeting, revenue, profit, or accounting
22 information
33 information about existing and potential customers
44 marketing studies and projections
55 business strategies, decisions, or negotiations
66 compensation, evaluations, and employment information
77 proprietary information about affiliates, parents, subsidiaries, and third-
88 parties with whom the parties have or have had business relationships
99 any other information whose disclosure could cause an invasion of
1100 privacy or competitive business harm.
1111 Such documents and other materials will be disclosed to the PLAINTIFF or
1122 other parties subject to the stipulation that the use of such materials shall be limited
1133 by the terms of this Protective Order.
1144 2. DEFINITIONS.
1155 2.1 Action: This pending federal lawsuit named Hernandez, et al. v. Tristar
1166 Products, Inc. et al., filed under Case No.: 2:20-CV-07367
1177 2.2 Challenging Party: a Party or Nonparty that challenges the designation
1188 of information or items under this Order.
1199 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
2200 how it is generated, stored, or maintained) or tangible things that qualify for
2211 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the
2222 Good Cause Statement.
2233 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
2244 their support staff).
2255 2.5 Designating Party: a Party or Nonparty that designates information or
2266 items that it produces in disclosures or in responses to discovery as
2277 “CONFIDENTIAL.”
2.6 Disclosure or Discovery Material: all items or information, regardless
11 of the medium or manner in which it is generated, stored, or maintained (including,
22 among other things, testimony, transcripts, and tangible things), that are produced or
33 generated in disclosures or responses to discovery in this matter.
44 2.7 Expert: a person with specialized knowledge or experience in a matter
55 pertinent to the litigation who has been retained by a Party or its counsel to serve as
66 an expert witness or as a consultant in this action.
77 2.8 House Counsel: attorneys who are employees of a Party to this Action.
88 House Counsel does not include Outside Counsel of Record or any other outside
99 counsel.
1100 2.9 Nonparty: any natural person, partnership, corporation, association, or
1111 other legal entity not named as a Party to this action.
1122 2.10 Outside Counsel of Record: attorneys who are not employees of a Party
1133 to this Action but are retained to represent or advise a Party and have appeared in this
1144 Action on behalf of that Party or are affiliated with a law firm that has appeared on
1155 behalf of that Party, including support staff.
1166 2.11 Party: any Party to this Action, including all of its officers, directors,
1177 employees, consultants, retained experts, and Outside Counsel of Record (and their
1188 support staffs).
1199 2.12 Producing Party: a Party or Nonparty that produces Disclosure or
2200 Discovery Material in this Action.
2211 2.13 Professional Vendors: persons or entities that provide litigation support
2222 services (for example, photocopying, videotaping, translating, preparing exhibits or
2233 demonstrations, and organizing, storing, or retrieving data in any form or medium)
2244 and their employees and subcontractors.
2255 2.14 Protected Material: any Disclosure or Discovery Material that is
2266 designated as “CONFIDENTIAL.”
2277 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
11 2.16 Documents: The term “documents” includes all information or
22 communications in any written or electronic form, regardless of format, and includes
33 visual depictions such as photographs and videos.
44 2.17 Attorneys’ Eyes Only: The label “Attorneys’ Eyes Only” shall be used
55 in the manner proscribed in subparagraph 7.2 below and means that the only
66 person(s) allowed to view information so labeled are counsel for the party who
77 requests the information, subject to subparagraph 7.1(a) below, or an expert or
88 consultant, subject to subparagraph 7.1(d) below.
99 3. SCOPE
1100 The protections conferred by this Stipulation and Order cover not only
1111 Protected Material (as defined above) but also any information copied or extracted
1122 from Protected Material; all copies, excerpts, summaries, or compilations of
1133 Protected Material; and any testimony, conversations, or presentations by Parties or
1144 their Counsel that might reveal Protected Material.
1155 Any use of Protected Material at trial will be governed by the orders of the trial
1166 judge. This Order does not govern the use of Protected Material at trial.
1177 4. DURATION
1188 Once a case proceeds to trial, all the information that was designated as
1199 confidential or maintained under this Order becomes public and will be
2200 presumptively available to all members of the public, including the press, unless the
2211 trial judge finds compelling reasons to proceed otherwise. See Kamakana v. City &
2222 Cnty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good
2233 cause” showing for sealing documents produced in discovery from “compelling
2244 reasons” needed for merits-related documents). Accordingly, the terms of this Order
2255 do not extend beyond the beginning of trial.
2266 Even after final disposition of this litigation, the confidentiality obligations
2277 imposed by this Order will remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final disposition is the later of (1)
11 dismissal of all claims and defenses in this Action, with or without prejudice, or (2)
22 final judgment after the completion and exhaustion of all appeals, rehearings,
33 remands, trials, or reviews of this Action, including the time limits for filing any
44 motions or applications for extension of time under applicable law.
55 5. DESIGNATING PROTECTED MATERIAL
66 5.1 Each Party or Nonparty that designates information or items for
77 protection under this Order must take care to limit any such designation to specific
88 material that qualifies under the appropriate standards. The Designating Party must
99 designate for protection only those parts of material, documents, items, or oral or
1100 written communications that qualify so that other portions of the material,
1111 documents, items, or communications for which protection is not warranted are not
1122 swept unjustifiably within the ambit of this Order.
1133 Mass, indiscriminate, or routinized designations are prohibited. Designations
1144 that are shown to be clearly unjustified or that have been made for an improper
1155 purpose (for example, to unnecessarily encumber the case-development process or to
1166 impose unnecessary expenses and burdens on other parties) may expose the
1177 Designating Party to sanctions.
1188 If it comes to a Designating Party’s attention that information or items it
1199 designated for protection do not qualify for that level of protection, that Designating
2200 Party must promptly notify all other Parties that it is withdrawing the inapplicable
2211 designation.
2222 5.2 Except as otherwise provided in this Order, Disclosure or Discovery
2233 Material that qualifies for protection under this Order must be clearly so designated
2244 before the material is disclosed or produced.
2255 Designation in conformity with this Order requires the following:
2266 (a) for information in documentary form (for example, paper or electronic
2277 documents but excluding transcripts of depositions or other pretrial or trial
proceedings), the Producing Party must affix at a minimum the legend
11 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion
22 or portions of the material on a page qualify for protection, the Producing Party must
33 clearly identify the protected portion(s) (for example, by making appropriate
44 markings in the margins).
55 A Party or Nonparty that makes original documents available for inspection
66 need not designate them for protection until after the inspecting Party has indicated
77 which documents it would like copied and produced. During the inspection and
88 before the designation, all material made available for inspection must be treated as
99 “CONFIDENTIAL.” After the inspecting Party has identified the documents it
1100 wants copied and produced, the Producing Party must determine which documents,
1111 or portions thereof, qualify for protection under this Order. Then, before producing
1122 the specified documents, the Producing Party must affix the “CONFIDENTIAL”
1133 legend to each page that contains Protected Material. If only a portion or portions of
1144 the material on a page qualify for protection, the Producing Party also must clearly
1155 identify the protected portion(s) (for example, by making appropriate markings in the
1166 margins).
1177 (b) for testimony given in depositions, the Designating Party must identify the
1188 Disclosure or Discovery Material that is protected on the record, before the close of
1199 the deposition.
2200 (c) for information produced in some form other than documentary and for
2211 any other tangible items, the Producing Party must affix in a prominent place on the
2222 exterior of the container or containers in which the information is stored the legend
2233 “CONFIDENTIAL.” If only a portion or portions of the information warrant
2244 protection, the Producing Party, to the extent practicable, must identify the protected
2255 portion(s).
2266 5.3 If timely corrected, an inadvertent failure to designate qualified
2277 information or items does not, standing alone, waive the Designating Party’s right to
secure protection under this Order for that material. On timely correction of a
11 designation, the Receiving Party must make reasonable efforts to assure that the
22 material is treated in accordance with the provisions of this Order.
33 5.4 Good Faith Claims. All claims of confidentiality and objections to those
44 claims must be made under a good faith belief that the information satisfies (or, in
55 the case of objections, does not satisfy) the definition of Confidential Information.
66 5.6 Produced Documents. A party producing documents that it believes
77 constitute or contain Confidential Information shall label the documents with the
88 following legend or something substantially similar to clearly advise of the
99 confidential nature of the contents:
1100
CONFIDENTIAL: Subject to Protective Order in Case No. 2:20-
1111
CV-07367 MCS(JPRx) in the United States District Court, Central
1122
District of California-Western Division
1133
1144 The label shall not obliterate or obscure the contents. If a document containing
1155 Confidential Information is produced in native format, the file name shall contain the
1166 term “Confidential Information” or otherwise clearly indicate that it contains
1177 information subject to this Protective Order. If any person or party makes copies of
1188 documents designated as containing Confidential Information, each copy must be
1199 marked as containing Confidential Information in the same form as the original
2200 document.
2211 A party producing documents that are stored on data storage devices shall
2222 designate the data storage device as containing Confidential Information, by labeling
2233 the data storage device and files as described above. If the receiving party or other
2244 persons or entities to whom disclosure is authorized under this Protective Order make
2255 a copy of any data storage device designated by the producing party as containing
2266 Confidential Information, the receiving party or other authorized person shall mark
2277 each copy as containing Confidential Information in the same form as the notice on
the original data storage device. If the receiving party or other authorized person
11 prints or makes copies of the documents stored on such data storage device, each
22 page must be copied with the label specified in this section.
33 Counsel shall maintain all copies of said Protected Material as strictly
44 confidential and shall not show the copies or disclose information therein to any
55 person other than individuals who are assisting counsel in the preparation and
66 prosecution of this action alone, including expert witnesses, legal staff, and parties to
77 this litigation. Without further order from the Court, said Protected Material shall not
88 be disclosed for any purpose to any other individual, whether employed by a party to
99 this action or not, who is known to be associated in anyway with a competitor of
1100 DEFENDANTS and/or any other DEFENDANTS’ entity, with the exception of any
1111 expert who may be retained by any party for purposes of this case, provided his or
1122 her identity and position has been disclosed and he or she has signed a non-disclosure
1133 agreement in the form of Exhibit A attached to this Stipulation, prior to the disclosure
1144 of any Protected Material. The Protected Material shall not be disclosed for any
1155 purpose to any other individual who is not associated in any way to this litigation.
1166 5.7 Interrogatory Answers. If a party answering an interrogatory believes
1177 that its answer contains Confidential Information; it shall answer in a separate
1188 document that is designated as Confidential Information.
1199 5.8 Inspections of Documents. If the parties inspect documents rather than
2200 produce copies, no designation of Confidential Information needs to be made before
2211 the inspection. The party making documents available for inspection may designate
2222 categories of documents that contain Confidential Information, and the information
2233 contained in those documents shall be considered Confidential Information under this
2244 Protective Order. If the inspecting party selects documents to be copied, the
2255 producing party shall designate Confidential Information when the copies are
2266 produced.
2277 5.9 Deposition Transcripts. To the extent possible, testimony shall be
designated confidential at the time it is given by deposition or otherwise, including
11 any videotape depositions. Any confidential exhibits referred to in a deposition shall
22 be noted as confidential in the record. The court reporter shall be advised of this
33 Protective Order and given a copy of this Protective Order to be included with any
44 transcript of the deposition. No person except those permitted access to Confidential
55 Information by this Protective Order can attend depositions when Confidential
66 Information is disclosed. Within 30 days after receiving a deposition transcript, a
77 party may inform the other parties if the transcript or portions of it are designated as
88 Confidential Information. If a party indicates at a deposition that the Confidential
99 Information has been disclosed in the deposition, the transcript in its entirety shall be
1100 treated as Confidential Information for the 30 days. All persons and parties in
1111 possession of a copy of a designated deposition transcript shall appropriately mark it
1122 as containing Confidential Information. The confidential portion or portions,
1133 including exhibits, of such transcript shall be subject fully to the terms and conditions
1144 of this Protective Order. To the extent that such Protected Material has been or may
1155 be in the future used in the taking of depositions, it shall remain subject to the
1166 provisions of this Protective Order, and so shall the transcript pages of all deposition
1177 testimony relating to said Protected Material.
1188 5.10 Multipage Documents. A party may designate all pages of an
1199 integrated, multipage document, including a deposition transcript and interrogatory
2200 answers, as Confidential Information by placing the label specified in subparagraph
2211 3.2 on the first page of the document. If a party wishes to designate only certain
2222 portions of an integrated, multipage document as Confidential Information, it should
2233 designate such portions immediately below the label on the first page of the document
2244 and place the labels specified in subparagraph 3.2 on each page of the document
2255 containing Confidential Information.
2266 5.11 Handling of Original Documents. The originals of the above described
2277 documents shall remain in the custody of Defendants or their counsel. All copies of
such material, however obtained, shall be subject to the terms of this Protective
11 Order. No additional copies of any of the Protected Material shall be made unless
22 pursuant to instructions by counsel in this litigation and unless counsel maintains a
33 strict accounting of each such copy.
44 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
55 6.1 Any Party or Nonparty may challenge a designation of confidentiality
66 at any time consistent with the Court’s scheduling order.
77 6.2 The Challenging Party must initiate the dispute-resolution process (and,
88 if necessary, file a discovery motion) under Local Rule 37.
99 6.3 The burden of persuasion in any such proceeding is on the Designating
1100 Party. Frivolous challenges, and those made for an improper purpose (for example,
1111 to harass or impose unnecessary expenses and burdens on other parties), may expose
1122 the Challenging Party to sanctions. Unless the Designating Party has waived or
1133 withdrawn the confidentiality designation, all parties must continue to afford the
1144 material in question the level of protection to which it is entitled under the Producing
1155 Party’s designation until the Court rules on the challenge.
1166 7. ACCESS TO AND USE OF PROTECTED MATERIAL
1177 7.1 A Receiving Party may use Protected Material that is disclosed or
1188 produced by another Party or by a Nonparty in connection with this Action only for
1199 prosecuting, defending, or attempting to settle this Action. Such Protected Material
2200 may be disclosed only to the categories of people and under the conditions described
2211 in this Order. When the Action has been terminated, a Receiving Party must comply
2222 with the provisions of Section 13 below (FINAL DISPOSITION).
2233 Protected Material must be stored and maintained by a Receiving Party at a
2244 location and in a manner sufficiently secure to ensure that access is limited to the
2255 people authorized under this Order.
2266 7.2 Unless otherwise ordered by the Court or permitted in writing by the
2277 Designating Party, a Receiving Party may disclose any information or item
designated “CONFIDENTIAL” only to the following people:
11 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
22 employees of that Outside Counsel of Record to whom it is reasonably necessary to
33 disclose the information for this Action;
44 (b) the officers, directors, and employees (including House Counsel) of the
55 Receiving Party to whom disclosure is reasonably necessary for this Action;
66 (c) Experts (as defined in this Order) of the Receiving Party to whom
77 disclosure is reasonably necessary for this Action and who have signed the
88 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
99 (d) the Court and its personnel;
1100 (e) court reporters and their staff;
1111 (f) professional jury or trial consultants, mock jurors, and Professional
1122 Vendors to whom disclosure is reasonably necessary for this Action and who have
1133 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
1144 (g) the author or recipient of a document containing the information or a
1155 custodian or other person who otherwise possessed or knew the information;
1166 (h) during their depositions, witnesses and attorneys for witnesses to whom
1177 disclosure is reasonably necessary, provided that the deposing party requests that the
1188 witness sign the form attached as Exhibit A hereto and the witnesses will not be
1199 permitted to keep any confidential information unless they sign the form, unless
2200 otherwise agreed by the Designating Party or ordered by the Court. Pages of
2211 transcribed deposition testimony or exhibits to depositions that reveal Protected
2222 Material may be separately bound by the court reporter and may not be disclosed to
2233 anyone except as permitted under this Order; and
2244 (i) any mediator or settlement officer, and their supporting personnel, mutually
2255 agreed on by any of the Parties engaged in settlement discussions or appointed by the
2266 Court.
2277 ///
///
11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
22 PRODUCED IN OTHER LITIGATION
33 If a Party is served with a subpoena or a court order issued in other litigation
44 that compels disclosure of any information or items designated in this Action as
55 “CONFIDENTIAL,” that Party must
66 (a) promptly notify in writing the Designating Party. Such notification must
77 include a copy of the subpoena or court order unless prohibited by law;
88 (b) promptly notify in writing the party who caused the subpoena or order to
99 issue in the other litigation that some or all of the material covered by the subpoena
1100 or order is subject to this Protective Order. Such notification must include a copy of
1111 this Order; and
1122 (c) cooperate with respect to all reasonable procedures sought to be pursued
1133 by the Designating Party whose Protected Material may be affected.
1144 If the Designating Party timely seeks a protective order, the Party served with
1155 the subpoena or court order should not produce any information designated in this
1166 action as “CONFIDENTIAL” before a determination on the protective-order request
1177 by the relevant court unless the Party has obtained the Designating Party’s
1188 permission. The Designating Party bears the burden and expense of seeking
1199 protection of its Confidential Material, and nothing in these provisions should be
2200 construed as authorizing or encouraging a Receiving Party in this Action to disobey
2211 a lawful directive from another court.
2222 9. A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE
2233 PRODUCED IN THIS LITIGATION
2244 (a) The terms of this Order are applicable to information produced by a
2255 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is
2266 protected by the remedies and relief provided by this Order. Nothing in these
2277 provisions should be construed as prohibiting a Nonparty from seeking additional
protections.
11 (b) In the event that a Party is required by a valid discovery request to produce
22 a Nonparty’s Confidential Information in its possession and the Party is subject to an
33 agreement with the Nonparty not to produce the Nonparty’s Confidential
44 Information, then the Party must
55 (1) promptly notify in writing the Requesting Party and the Nonparty that
66 some or all of the information requested is subject to a confidentiality agreement with
77 a Nonparty;
88 (2) promptly provide the Nonparty with a copy of this Order, the relevant
99 discovery request(s), and a reasonably specific description of the information
1100 requested; and
1111 (3) make the information requested available for inspection by the Nonparty,
1122 if requested.
1133 (c) If the Nonparty fails to seek a protective order within 21 days of receiving
1144 the notice and accompanying information, the Receiving Party may produce the
1155 Nonparty’s Confidential Information responsive to the discovery request. If the
1166 Nonparty timely seeks a protective order, the Receiving Party must not produce any
1177 information in its possession or control that is subject to the confidentiality agreement
1188 with the Nonparty before a ruling on the protective-order request. Absent a court
1199 order to the contrary, the Nonparty must bear the burden and expense of seeking
2200 protection of its Protected Material.
2211 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2222 If a Receiving Party learns that by inadvertence or otherwise, it has disclosed
2233 Protected Material to any person or in any circumstance not authorized under this
2244 Order, the Receiving Party must immediately notify the Designating Party in writing
2255 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized copies
2266 of the Protected Material, inform the person or people to whom unauthorized
2277 disclosures were made of the terms of this Order, and ask that person or people to
execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto
11 as Exhibit A.
22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
33 PROTECTED MATERIAL
44 When a Producing Party gives notice to Receiving Parties that certain
55 inadvertently produced material is subject to a claim of privilege or other protection,
66 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
77 Procedure 26(b)(5)(B).
88 12. MISCELLANEOUS
99 12.1 Nothing in this Order abridges the right of any person to seek its
1100 modification by the Court.
1111 12.2 By stipulating to the entry of this Order, no Party waives any right it
1122 otherwise would have to object to disclosing or producing any information or item
1133 on any ground not addressed in this Order. Similarly, no Party waives any right to
1144 object on any ground to use in evidence of any of the material covered by this Order.
1155 12.3 A Party that seeks to file under seal any Protected Material must comply
1166 with Civil Local Rule 79-5. Protected Material may be filed under seal only pursuant
1177 to a court order authorizing the sealing of the specific Protected Material at issue. If
1188 a Party's request to file Protected Material under seal is denied, then the Receiving
1199 Party may file the information in the public record unless otherwise instructed by the
2200 Court.
2211 13. FINAL DISPOSITION
2222 After the final disposition of this Action, as defined in paragraph 4, within 60
2233 days of a written request by the Designating Party, each Receiving Party must return
2244 all Protected Material to the Producing Party or destroy such material. As used in
2255 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
2266 summaries, and any other format reproducing or capturing any of the Protected
2277 Material. Whether the Protected Material is returned or destroyed, the Receiving
Party must submit a written certification to the Producing Party (and, if not the same
1]| person or entity, to the Designating Party) by the 60-day deadline that identifies (by
2|| category, when appropriate) all the Protected Material that was returned or destroyec
3|| and affirms that the Receiving Party has not retained any copies, abstracts
4|| compilations, summaries, or any other format reproducing or capturing any of th
5|| Protected Material. Notwithstanding this provision, Counsel are entitled to retain at
6|| archival copy of all pleadings; motion papers; trial, deposition, and hearins
7|| transcripts; legal memoranda; correspondence; deposition and trial exhibits; exper
reports; attorney work product; and consultant and expert work product even if sucl
9|| materials contain Protected Material. Any such archival copies that contain o
10|| constitute Protected Material remain subject to this Order as set forth in Section □
11}) (DURATION).
14. SANCTIONS
13 Any willful violation of this Order may be punished by civil or crimina
contempt, financial or evidentiary sanctions, reference to disciplinary authorities, o
= other appropriate action at the discretion of the Court.
oS
S 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Ory
g= DATED: March 29, 2021 GLICKMAN & GLICKMAN
1
18 And
19 LAW OFFICES OF DAVID POURATI
20
By:
21 t C. Glickm
Revd: Pourat.
22 Attorney for Plaintiffs,
ANDREA C. HERNANDEZ and
23 ROGER A. HERNANDEZ
24
25|| DATED: __ April 1 , 2021 OLDBERG SEGALLA, LLP
26 By: te. Pinion
LISA P. GRUEN, we
27 ALEXANDRA ASCIONE, ESQ.
Attorneys for Defendant,
28 TRISTAR PRODUCTS, INC. and
BED BATH & BEYOND
16
1 ORDER
3 THE PARTIES’ STIPULATION ABOVE IS APPROVED AND THE
4|| TERMS THEREOF ARE ORDERED this Sth day of April 2021.
6 BY THE COURT:
7 fo Prenhtat~
8 Honorable Jean P. Rosenbluth □
10
11
12
13
14
= 15
16
gs il
OM
18
G 19
20
21
22
23
24
25
26
27
28
17
11 EXHIBIT A
22 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
33
44 I, _____________________________ [full name], of _________________
55 [full address], declare under penalty of perjury that I have read in its entirety and
66 understand the Stipulated Protective Order that was issued by the U.S. District Court
77 for the Central District of California on [date] in the case of Hernandez, et al. v.
88 Tristar Products, Inc. et al., Case No.: 2:20-CV-07367. I agree to comply with and
99 to be bound by all terms of this Stipulated Protective Order, and I understand and
1100 acknowledge that failure to so comply could expose me to sanctions and punishment,
1111 including contempt. I solemnly promise that I will not disclose in any manner any
1122 information or item that is subject to this Stipulated Protective Order to any person
1133 or entity except in strict compliance with the provisions of this Order.
1144 I further agree to submit to the jurisdiction of the U.S. District Court for the
1155 Central District of California for the purpose of enforcing the terms of this Stipulated
1166 Protective Order, even if such enforcement proceedings occur after termination of
1177 this action. I hereby appoint __________________________ [full name] of
1188 _______________________________________ [full address and telephone
1199 number] as my California agent for service of process in connection with this action
2200 or any proceedings related to enforcement of this Stipulated Protective Order.
2211 Date: ______________________________________
2222 City and State where signed: _________________________________
2233
2244 Printed name: _______________________________
2255
2266 Signature: __________________________________
2277