recognizing trade secrets and confidential business 9 information as legitimate categories of information subject to protection
How later courts described this case
- recognizing trade secrets and confidential business 9 information as legitimate categories of information subject to protection
Written by the judges who cited it.
The opinion
1 Armond M. Jackson, SBN 281547
ajackson@jacksonapc.com
2 Andrea M. Fernandez-Jackson, SBN 295924
afernandez@jacksonapc.com
3 JACKSON LAW
A Professional Law Corporation
2 Venture Plaza, Ste. 240
4
Irvine, CA 92618
Phone: (949) 281-6857
5 Facsimile: (949) 777-6218
6 Attorneys for Plaintiff MELISSA
MAGANA
7
CONTACT INFORMATION FOR COUNSEL FOR DEFENDANT IS
8 CONTINUED ON NEXT PAGE
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
MELISSA MAGANA, as an individual Case No.: 8:18-cv-02249-DOC (ADSx)
12 and on behalf of others similarly Assigned for all purposes to: David O.
situated, Carter
13
Plaintiff, JOINTLY STIPULATED
14 PROTECTIVE ORDER:
v. ORDER
15
ZARA USA, INC., a New York
16 corporation, MASSIMO DUTTI USA, Action Filed: March 29, 2018
INC., a New York corporation and Removal Date: September 10, 2018
17 DOES 1-50, inclusive, Trial Date: March 29, 2022
18 Defendant.
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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2 Including Professional Corporations
ADAM R. ROSENTHAL, Cal. Bar No. 246722
3 12275 El Camino Real, Suite 200
San Diego, California 92130-2006
4 Telephone: 650.815.2600
Facsimile: 650.815.2601
5 Email: aronsenthal@sheppardmullin.com
6 TYLER J. JOHNSON, Cal. Bar No. 307386
333 South Hope Street, 43rd Floor
7 Los Angeles, California 90071-1422
Telephone: 213.620.1780
8 Facsimile: 213.620.1398
Email: tjjohnson@sheppardmullin.com
9
AMANDA E. BECKWITH, Cal. Bar No. 312967
10 Four Embarcadero Center, 17rd Floor
San Francisco, California 94111-4109
11 Telephone: 415.434.9100
Facsimile: 415.434.3947
12 Email: abeckwith@sheppardmullin.com
13 Attorneys for Defendant ZARA USA, INC.
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1 TO THE HONORABLE COURT, ALL PARTIES AND THEIR
2 ATTORNEYS OF RECORD:
3 In order to facilitate discovery in the above-captioned matter, Plaintiff Melissa
4 Magana and Defendant Zara USA, Inc. (collectively, “the parties”) hereby agree to
5 the following Jointly Stipulated Protective Order concerning the CONFIDENTIAL
6 or HIGHLY CONFIDENTIAL treatment of certain documents and information.
7 1. PURPOSES AND LIMITATIONS
8 Disclosure and discovery activity in this action are likely to involve production
9 of confidential, proprietary, or private information for which special protection from
10 public disclosure and from use for any purpose other than prosecuting this litigation
11 may be warranted. Accordingly, the parties hereby stipulate to and petition the court
12 to enter the following Stipulated Protective Order. The parties acknowledge that this
13 Order does not confer blanket protections on all disclosures or responses to discovery
14 and that the protection it affords from public disclosure and use extends only to the
15 limited information or items that are entitled to confidential treatment under the
16 applicable legal principles.
17 The parties further acknowledge, as set forth in Section 12.3, below, that this
18 Stipulated Protective Order does not entitle them to file confidential information
19 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and
20 the standards that will be applied when a party seeks permission from the court to file
21 material under seal. Where the Court orders documents to be filed under seal, the
22 Stipulated Protective Order shall be deemed to automatically apply to all documents
23 sealed by order of the Court.
24 It is the intent of the parties that information will not be designated as
25 confidential for tactical reasons and that nothing be so designated without a good faith
26 belief that it has been maintained in a confidential, non-public manner, and there is
27 good cause why it should not be part of the public record of this case.
1 Good cause exists for a Protective Order because both Plaintiff’s and
2 Defendant’s document productions will disclose information relating to (1) the trade
3 secrets and confidential business practices of Defendant, which Defendant safeguards
4 as a means to ensure competitiveness in their industry; and (2) employee’s personal
5 and confidential information. See Harmon v. City of Santa Clara, 323 F.R.D. 617,
6 623 (N.D. Cal. 2018) (identifying privacy interests, among others when considering
7 existence of good cause); Nutratech, Inc. v. Syntech (SSPF) Int’l, Inc., 242 F.R.D.
8 552, 554 (C.D. Cal. 2007) (recognizing trade secrets and confidential business
9 information as legitimate categories of information subject to protection).
10 2. DEFINITIONS
11 2.1 Challenging Party: a Party or Non-Party that challenges the
12 designation of information or items under this Order.
13 2.2 “CONFIDENTIAL” Information or Items: information
14 (regardless of how it is generated, stored or maintained) or tangible things that qualify
15 for protection under Federal Rule of Civil Procedure 26(c). This may include, without
16 limitation and without either party conceding that any particular Protected Material is
17 properly designated as such, information regarding Defendant’s business practices
18 and employee financial and personal documents.
19 2.3 Counsel (without qualifier): Outside Counsel of Record and
20 House Counsel (as well as their support staff).
21 2.4 Designating Party: a Party or Non-Party that designates
22 information or items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL– ATTORNEYS’ EYES
24 ONLY.”
25 2.5 Disclosure or Discovery Material: all items or information,
26 regardless of the medium or manner in which it is generated, stored, or maintained
27 (including, among other things, testimony, transcripts, and tangible things), that are
1 2.6 Expert: a person with specialized knowledge or experience in a
2 matter pertinent to the litigation who has been retained by a Party or its counsel to
3 serve as an expert witness or as a consultant in this action.
4 2.7 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”
5 Information or Items: information that the Producing Party claims in good faith is
6 highly confidential or sensitive, including technical information, pricing and revenue
7 information and other sensitive financial data, and the disclosure of which to another
8 Party or Non-Party would create a substantial risk of serious harm that could not be
9 avoided by less restrictive means.
10 2.8 House Counsel: attorneys who are employees of a party to this
11 action. House Counsel does not include Outside Counsel of Record or any other
12 outside counsel.
13 2.9 Non-Party: any natural person, partnership, corporation,
14 association, or other legal entity not named as a Party to this action.
15 2.10 Outside Counsel of Record: attorneys who are not employees of a
16 party to this action but are retained to represent or advise a party to this action and
17 have appeared in this action on behalf of that party or are affiliated with a law firm
18 which has appeared on behalf of that party.
19 2.11 Party: any party to this action, including all of its officers,
20 directors, employees, consultants, retained experts, and Outside Counsel of Record
21 (and their support staffs).
22 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
23 Discovery Material in this action.
24 2.13 Professional Vendors: persons or entities that provide litigation
25 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 and their employees and subcontractors.
1 2.14 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL—
3 ATTORNEYS’ EYES ONLY.”
4 2.15 Receiving Party: a Party that receives Disclosure or Discovery
5 Material from a Producing Party.
6 3. SCOPE
7 The protections conferred by this Stipulation and Order cover not only
8 Protected Material (as defined above), but also (1) any information copied or extracted
9 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
10 Protected Material; and (3) any testimony, conversations, or presentations by Parties
11 or their Counsel that might reveal Protected Material. However, the protections
12 conferred by this Stipulation and Order do not cover the following information: (a)
13 any information that is in the public domain at the time of disclosure to a Receiving
14 Party or becomes part of the public domain after its disclosure to a Receiving Party
15 as a result of publication not involving a violation of this Order, including becoming
16 part of the public record through trial or otherwise; and (b) any information known to
17 the Receiving Party prior to the disclosure or obtained by the Receiving Party after
18 the disclosure from a source who obtained the information lawfully and under no
19 obligation of confidentiality to the Designating Party. Any use of Protected Material
20 at trial shall be governed by a separate agreement or order.
21 4. DURATION
22 Even after final disposition of this litigation, the confidentiality obligations
23 imposed by this Order shall remain in effect until a Designating Party agrees
24 otherwise in writing or a court order otherwise directs. Final disposition shall be
25 deemed to be the later of (1) dismissal of all claims and defenses in this action, with
26 or without prejudice; and (2) final judgment herein after the completion and
27 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
1 pursuant to applicable law. This section does not modify the scope of the protective
2 order as set forth in Section 3 of this Stipulated Protective Order, including the
3 requirement that any use of Protected Material at Trial be governed by a separate
4 agreement or order.
5 5. DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection.
7 Each Party or Non-Party that designates information or items for protection
8 under this Order must take care to limit any such designation to specific material that
9 qualifies under the appropriate standards. The Designating Party must designate for
10 protection only those parts of material, documents, items, or oral or written
11 communications that qualify – so that other portions of the material, documents,
12 items, or communications for which protection is not warranted are not swept
13 unjustifiably within the ambit of this Order.
14 Mass, indiscriminate, or routinized designations are prohibited. Designations
15 that are shown to be clearly unjustified or that have been made for an improper
16 purpose (e.g., to unnecessarily encumber or retard the case development process or to
17 impose unnecessary expenses and burdens on other parties) expose the Designating
18 Party to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it
20 designated for protection do not qualify for protection, that Designating Party must
21 promptly notify all other Parties that it is withdrawing the mistaken designation.
22 5.2 Manner and Timing of Designations.
23 Except as otherwise provided in this Order (see, e.g., second paragraph of
24 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
25 Material that qualifies for protection under this Order must be clearly so designated
26 before the material is disclosed or produced.
27 Designation in conformity with this Order requires:
1 (a) for information in documentary form (e.g., paper or electronic
2 documents, but excluding transcripts of depositions or other pretrial or trial
3 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
4 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” to each page that
5 contains protected material. If only a portion or portions of the material on a page
6 qualifies for protection, the Producing Party also must clearly identify the protected
7 portion(s) (e.g., by making appropriate markings in the margins).
8 A Party or Non-Party that makes original documents or materials
9 available for inspection need not designate them for protection until after the
10 inspecting Party has indicated which material it would like copied and produced.
11 During the inspection and before the designation, all of the material made available
12 for inspection shall be deemed “HIGHLY CONFIDENTIAL—ATTORNEYS’
13 EYES ONLY.” After the inspecting Party has identified the documents it wants
14 copied and produced, the Producing Party must determine which documents, or
15 portions thereof, qualify for protection under this Order. Then, before producing the
16 specified documents, the Producing Party must affix the appropriate legend
17 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
18 ONLY”) to each page that contains Protected Material. If only a portion or portions
19 of the material on a page qualifies for protection, the Producing Party also must
20 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
21 margins).
22 (b) for testimony given in deposition or in other pretrial or trial
23 proceedings, that the Designating Party identify on the record, before the close of the
24 deposition, hearing, or other proceeding, all protected testimony.
25 (c) for information produced in some form other than documentary and
26 for any other tangible items, that the Producing Party affix in a prominent place on
27 the exterior of the container or containers in which the information or item is stored
1 ATTORNEYS’ EYES ONLY). If only a portion or portions of the information or
2 item warrant protection, the Producing Party, to the extent practicable, shall identify
3 the protected portion(s).
4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
5 failure to designate qualified information or items does not, standing alone, waive
6 the Designating Party’s right to secure protection under this Order for such material.
7 Upon timely correction of a designation, the Receiving Party must make reasonable
8 efforts to assure that the material is treated in accordance with the provisions of this
9 Order.
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
12 designation of confidentiality at any time that is consistent with the Court’s
13 Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality
14 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
15 economic burdens, or a significant disruption or delay of the litigation, a Party does
16 not waive its right to challenge a confidentiality designation by electing not to mount
17 a challenge promptly after the original designation is disclosed.
18 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
19 resolution process by providing written notice of each designation it is challenging
20 and describing the basis for each challenge. To avoid ambiguity as to whether a
21 challenge has been made, the written notice must recite that the challenge to
22 confidentiality is being made in accordance with this specific paragraph of the
23 Protective Order. The Designating Party shall attempt to resolve each challenge in
24 good faith within 14 days of the date of service of notice. In conferring, the
25 Challenging Party must explain the basis for its belief that the confidentiality
26 designation was not proper and must give the Designating Party an opportunity to
27 review the designated material, to reconsider the circumstances, and, if no change in
1 Party may proceed to the next stage of the challenge process only if it has engaged
2 in this meet and confer process first or establishes that the Designating Party is
3 unwilling to participate in the meet and confer process in a timely manner.
4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without
5 court intervention, the Designating Party shall file and serve a motion to retain
6 confidentiality under Civil Local Rules 7-4 through 7-8 (and in compliance with
7 Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge
8 or within 14 days of the parties agreeing that the meet and confer process will not
9 resolve their dispute, whichever is earlier. Each such motion must be accompanied
10 by a competent declaration affirming that the movant has complied with the meet
11 and confer requirements imposed in the preceding paragraph. Failure by the
12 Designating Party to make such a motion including the required declaration within
13 21 days (or 14 days, if applicable) shall automatically waive the confidentiality
14 designation for each challenged designation. In addition, the Challenging Party may
15 file a motion challenging a confidentiality designation at any time if there is good
16 cause for doing so, including a challenge to the designation of a deposition transcript
17 or any portions thereof. Any motion brought pursuant to this provision must be
18 accompanied by a competent declaration affirming that the movant has complied
19 with the meet and confer requirements imposed by the preceding paragraph.
20 The burden of persuasion in any such challenge proceeding shall be on the
21 Designating Party. Frivolous challenges, and those made for an improper purpose
22 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
23 expose the Challenging Party to sanctions. Unless the Designating Party has waived
24 or withdrawn the confidentiality designation, all parties shall continue to afford the
25 material in question the level of protection to which it is entitled under the Producing
26 Party’s designation until the Court rules on the challenge.
27 7. ACCESS TO AND USE OF PROTECTED MATERIAL
1 7.1 Basic Principles. A Receiving Party may use Protected Material that is
2 disclosed or produced by another Party or by a Non-Party in connection with this
3 case only for prosecuting, defending, or attempting to settle this litigation. Such
4 Protected Material may be disclosed only to the categories of persons and under the
5 conditions described in this Order. When the litigation has been terminated, a
6 Receiving Party must comply with the provisions of Section 13 below (FINAL
7 DISPOSITION).
8 Protected Material must be stored and maintained by a Receiving Party at a
9 location and in a secure manner that ensures that access is limited to the persons
10 authorized under this Order.
11 7.2 Disclosure of “CONFIDENTIAL” Information or Items.
12 Unless otherwise ordered by the court or permitted in writing by the
13 Designating Party, a Receiving Party may disclose any information or item
14 designated “CONFIDENTIAL” only to:
15 (a) the Receiving Party’s Outside Counsel of Record in this action, as
16 well as employees of said Outside Counsel of Record to whom it is reasonably
17 necessary to disclose the information for this litigation;
18 (b) the officers, directors, and employees (including House Counsel) of
19 the Receiving Party;
20 (c) Experts (as defined in this Order) of the Receiving Party to whom
21 disclosure is reasonably necessary for this litigation and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (d) the court and its personnel;
24 (e) court reporters and their staff, professional jury or trial consultants,
25 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary
26 for this litigation and who have signed the “Acknowledgment and Agreement to Be
27 Bound” (Exhibit A); during their depositions, witnesses in the action to whom
1 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
2 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to
3 depositions that reveal Protected Material must be separately bound by the court
4 reporter and may not be disclosed to anyone except as permitted under this Stipulated
5 Protective Order.
6 (f) the author or recipient of a document containing the information or a
7 custodian or other person who otherwise possessed or knew the information.
8 (g) any mediator or settlement officer, and their supporting personnel,
9 mutually agreed upon by any of the parties engaged in settlement discussions.
10 7.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
11 ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
12 writing by the Designating Party, a Receiving Party may disclose any information or
13 item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
14 to:
15 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
16 employees of said Outside Counsel of Record to whom it is reasonably necessary to
17 disclose the information for this litigation;
18 (b) the House Counsel of the Receiving Party;
19 (c)the author of the information or item, subject to special procedures specified
20 in Section 7.4 for certain documents authored by one or both of the Defendants;
21 (d)Experts (as defined in this Order) of the Receiving Party to whom disclosure
22 is reasonably necessary for this litigation and who have signed the “Acknowledgment
23 and Agreement to Be Bound” (Exhibit A);
24 (e) the court and its personnel;
25 (f) court reporters and their staff, professional jury or trial consultants, mock
26 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this
27 litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
1 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be
2 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
3 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
4 Protected Material must be separately bound by the court reporter and may not be
5 disclosed to anyone except as permitted under this Stipulated Protective Order.
6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
7 IN OTHER LITIGATION
8 If a Party is served with a subpoena or a court order issued in other litigation
9 that compels disclosure of any information or items designated in this action as
10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
11 ONLY,” that Party must:
12 (a) promptly notify in writing the Designating Party. Such notification
13 shall include a copy of the subpoena or court order;
14 (b) promptly notify in writing the party who caused the subpoena or order
15 to issue in the other litigation that some or all of the material covered by the subpoena
16 or order is subject to this Protective Order. Such notification shall include a copy of
17 this Stipulated Protective Order; and
18 (c) cooperate with respect to all reasonable procedures sought to be
19 pursued by the Designating Party whose Protected Material may be affected.
20 If the Designating Party timely seeks a protective order, the Party served with
21 the subpoena or court order shall not produce any information designated in this
22 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’
23 EYES ONLY” before a determination by the court from which the subpoena or order
24 issued, unless the Party has obtained the Designating Party’s permission. The
25 Designating Party shall bear the burden and expense of seeking protection in that
26 court of its confidential material – and nothing in these provisions should be
27 construed as authorizing or encouraging a Receiving Party in this action to disobey
1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a
4 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY
5 CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Such information produced by
6 Non-Parties in connection with this litigation is protected by the remedies and relief
7 provided by this Order. Nothing in these provisions should be construed as
8 prohibiting a Non-Party from seeking additional protections.
9 (b) In the event that a Party is required, by a valid discovery request, to
10 produce a Non-Party’s confidential information in its possession, and the Party is
11 subject to an agreement with the Non-Party not to produce the Non-Party’s
12 confidential information, then the Party shall:
13 (1) promptly notify in writing the Requesting Party and the Non-
14 Party that some or all of the information requested is subject to a confidentiality
15 agreement with a Non-Party;
16 (2) promptly provide the Non-Party with a copy of the Stipulated
17 Protective Order in this litigation, the relevant discovery request(s), and a reasonably
18 specific description of the information requested; and
19 (3) make the information requested available for inspection by the
20 Non-Party.
21 (c) If the Non-Party fails to object or seek a protective order from this
22 court within 14 days of receiving the notice and accompanying information, the
23 Receiving Party may produce the Non-Party’s confidential information responsive
24 to the discovery request. If the Non-Party timely seeks a protective order, the
25 Receiving Party shall not produce any information in its possession or control that is
26 subject to the confidentiality agreement with the Non-Party before a determination
27 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
7 persons to whom unauthorized disclosures were made of all the terms of this Order,
8 and (d) request such person or persons to execute the “Acknowledgment and
9 Agreement to Be Bound” that is attached hereto as Exhibit A.
10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11 PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
13 inadvertently produced material is subject to a claim of privilege or other protection,
14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
16 may be established in an e-discovery order that provides for production without prior
17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
18 parties reach an agreement on the effect of disclosure of a communication or
19 information covered by the attorney-client privilege or work product protection, the
20 parties may incorporate their agreement in the stipulated protective order submitted
21 to the court.
22 12. MISCELLANEOUS
23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
24 person to seek its modification by the court in the future.
25 12.2 Right to Assert Other Objections. By stipulating to the entry of this
26 Protective Order no Party waives any right it otherwise would have to object to
27 disclosing or producing any information or item on any ground not addressed in this
1 Stipulated Protective Order. Similarly, no Party waives any right to object on any
2 ground to use in evidence of any of the material covered by this Protective Order.
3 12.3 Filing Protected Material. Without written permission from the
4 Designating Party or a court order secured after appropriate notice to all interested
5 persons, a Party may not file in the public record in this action any Protected Material.
6 A Party that seeks to file under seal any Protected Material must comply with Civil
7 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court
8 order authorizing the sealing of the specific Protected Material at issue. Pursuant to
9 Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that
10 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise
11 entitled to protection under the law. If a Receiving Party’s request to file Protected
12 Material under seal pursuant to Civil Local Rule 79-5.2.2 is denied by the court, then
13 the Receiving Party may file the information in the public record pursuant to Civil
14 Local Rule 79-5.2.2(b)(ii) unless otherwise instructed by the Court.
15 13. FINAL DISPOSITION
16 Within 60 days after the final disposition of this action, as defined in paragraph
17 4, each Receiving Party must return all Protected Material to the Producing Party or
18 destroy such material. As used in this subdivision, “all Protected Material” includes
19 all copies, abstracts, compilations, summaries, and any other format reproducing or
20 capturing any of the Protected Material. Whether the Protected Material is returned
21 or destroyed, the Receiving Party must submit a written certification to the Producing
22 Party (and, if not the same person or entity, to the Designating Party) by the 60 day
23 deadline that (1) identifies (by category, where appropriate) all the Protected Material
24 that was returned or destroyed and (2) affirms that the Receiving Party has not
25 retained any copies, abstracts, compilations, summaries or any other format
26 reproducing or capturing any of the Protected Material. Notwithstanding this
27 provision, Counsels are entitled to retain an archival copy of all pleadings, motion
1 deposition and trial exhibits, expert reports, attorney work product, and consultant
2 and expert work product, even if such materials contain Protected Material. Any such
3 archival copies that contain or constitute Protected Material remain subject to this
4 Protective Order as set forth in Section 4 (DURATION).
5 14. SANCTIONS FOR VIOLATION OF ORDER: Any violation of
6 this Order may be punished by all appropriate measures, including, without
7 limitation, contempt proceedings and/or monetary sanctions.
8
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10
Dated: July 22, 2021
11
12 Respectfully submitted,
13 JACKSON LAW, APC
14
By /s/ Armond M. Jackson
15
ARMOND M. JACKSON
16
Attorney for Plaintiff
17
MELISSA MAGANA
18
19 Dated: July 22, 2021
20
Respectfully submitted,
21
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
22
23 By /s/ Tyler J. Jackson
24 ADAM R. ROSENTHAL
TYLER J. JOHNSON
25
AMANDA E. BECKWITH
26
Attorneys for Defendant
27
ZARA USA, INC.
1 ATTESTATION
2 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby attest that all signatories listed
3 above, and on whose behalf this filing is submitted, concur in the filing’s content
4 and have authorized the filing of this document.
5
6 /s/ Tyler J. Jackson
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1 EXHIBIT A
2 CONFIDENTIALITY AGREEMENT
3 I, ______________________, hereby declare:
4 1. My address is _____________________________________________.
5 My telephone number is (_____) ______-____________.
6 2. I have read in its entirety and understand the Stipulation and Protective
7 Order that was issued by the United States District Court for the Central District of
8 California in the case of Melissa Magana v. Zara USA, Inc., et al., United States
9 District Court, Central District of California, Case No. 8:18-cv-02249-DOC
10 (ADSx). I hereby agree to comply with and to be bound by all the terms of this
11 Stipulation and Protective Order.
12 3. I understand that the Stipulation and Protective Order requires that I not
13 disclose in any manner any information or item that is subject to this Stipulation and
14 Protective Order to any person or entity except in strict compliance with the
15 provisions of this Stipulation and Protective Order.
16 4. I consent to the jurisdiction of the United States District Court for the
17 Central District of California for the purpose of enforcing the terms of this
18 Stipulation and Protective Order, even if such enforcement proceedings occur after
19 termination of this action.
20 I declare under penalty of perjury that the foregoing is true and correct.
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Executed on _____________, 2021 at _____________________________ .
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23 _________________________________
Signature
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1 ORDER
2 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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4 Dated: ____J_u_ly_ _2_7____, 2021 By:______/_s_/ _A_u_t_u_m_n_ _D_._ S_p_a_e_t_h___________
5 THE HONORABLE AUTUMN D. SPAETH
UNITED STATES MAGISTRATE JUDGE
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