George Cable v. Starbucks Corporation

1 NICOLE GOLOB (SBN 190444)

E-Mail: ngolob@fisherphillips.com

2

DANIELLE S. KRAUTHAMER (SBN 305311)

3 E-Mail: dkrauthamer@fisherphillips.com

FISHER & PHILLIPS LLP

4

444 South Flower Street, Suite 1500

5 Los Angeles, California 90071

Telephone: (213) 330-4500

6

Facsimile: (213) 330-4501

7

Attorneys for Defendant

STARBUCKS CORPORATION

8

9 JOSHUA COHEN SLATKIN (SBN 285090)

E-Mail: jcohenslatkin@jcslaw4you.com

10

LAW OFFICE OF JOSHUA COHEN SLATKIN

11 11620 Wilshire Boulevard, Suite 900

Los Angeles, California 90025

12

Telephone: (310) 627-2699

13 Facsimile: (310) 943-2757

14 Attorneys for Plaintiff

GEORGE CABLE

15

16 UNITED STATES DISTRICT COURT

17 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

18

19 GEORGE CABLE, an individual, Case No: 2:20-cv-10931-ODW (RAOx)

20 Plaintiff,

21 v. JOINT STIPULATED PROTECTIVE

ORDER

22

STARBUCKS CORPORATION, and

23 DOES 1 through 25 inclusive,

24

Defendant.

25 Complaint Filed: October 28, 2020

Trial Date: April 19, 2022

26

27

28

1 1. PURPOSES AND LIMITATIONS

2 Discovery in this Action is likely to involve production of confidential,

3 proprietary or private information for which special protection from public disclosure

4 and from use for any purpose other than prosecuting this litigation may be warranted.

5 Accordingly, Plaintiff GEORGE CABLE and Defendant STARBUCKS

6 CORPORATION (collectively “the Parties”) hereby stipulate to and petition the Court

7 to enter the following Stipulated Protective Order. The Parties acknowledge that this

8 Order does not confer blanket protections on all disclosures or responses to discovery

9 and that the protection it affords from public disclosure and use extends only to the

10 limited information or items that are entitled to confidential treatment under the

11 applicable legal principles.

12 2. GOOD CAUSE STATEMENT

13 This Action is likely to involve trade secrets and other valuable research,

14 development, commercial, financial, technical, proprietary, confidential, medical and/or

15 psychological information regarding one of the Parties, prior legal claims or litigation

16 history of one of the parties, confidential personnel information about non-party third

17 persons, and/or private information for which special protection from public disclosure,

18 and from use for any purpose other than prosecution of this Action, is warranted. Such

19 confidential and proprietary materials and information consist of, among other things,

20 employee personnel files, payroll records and other personal and confidential business

21 or financial information, information regarding confidential business practices, or other

22 confidential research, development, or commercial information (including information

23 implicating privacy rights of third parties), confidential and private information of other

24 employees, information prohibited from disclosure pursuant to a written agreement to

25 maintain such information in confidence, and information otherwise generally

26 unavailable to the public or which may be privileged or otherwise protected from

27 disclosure under state or federal statutes, court rules, case decisions, or common law.

28 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of

1 disputes over confidentiality of discovery materials, to adequately protect information

2 the Parties are entitled to keep confidential, to ensure that the Parties are permitted

3 reasonable necessary uses of such material in preparation for and in the conduct of trial,

4 to address their handling at the end of the litigation, and serve the ends of justice, a

5 protective order for such information is justified in this matter. It is the intent of the

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

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

8 confidential, non-public manner, and there is good cause why it should not be part of the

9 public record of this case.

10 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

12 Stipulated Protective Order does not entitle them to file confidential information under

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

14 standards that will be applied when a party seeks permission from the court to file

15 material under seal. There is a strong presumption that the public has a right of access

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

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

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

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

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

21 require good cause showing), and a specific showing of good cause or compelling

22 reasons with proper evidentiary support and legal justification, must be made with

23 respect to Protected Material that a party seeks to file under seal. The Parties’ mere

24 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

25 without the submission of competent evidence by declaration, establishing that the

26 material sought to be filed under seal qualifies as confidential, privileged, or otherwise

27 protectable—constitute good cause.

28 ///

1 Further, if a Party requests sealing related to a dispositive motion or trial, then

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

3 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos

4 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type

5 of information, document, or thing sought to be filed or introduced under seal in

6 connection with a dispositive motion or trial, the Party seeking protection must

7 articulate compelling reasons, supported by specific facts and legal justification, for the

8 requested sealing order. Again, competent evidence supporting the application to file

9 documents under seal must be provided by declaration.

10 Any document that is not confidential, privileged, or otherwise protectable in its

11 entirety will not be filed under seal if the confidential portions can be redacted. If

12 documents can be redacted, then a redacted version for public viewing, omitting only

13 the confidential, privileged, or otherwise protectable portions of the document, shall be

14 filed. Any application that seeks to file documents under seal in their entirety should

15 include an explanation of why redaction is not feasible.

16 4. DEFINITIONS

17 4.1 Action: This above-entitled case styled as GEORGE CABLE v.

18 STARBUCKS CORPORATION, ET AL. pending before the United States District Court

19 for the Central District of California, Case No. 2:20-cv-10931-ODW-RAOx, removed

20 from the Superior Court of the State of California, County of Los Angeles, Case No.

21 20STCV41165.

22 4.2 Challenging Party: a Party or Non-Party that challenges the designation

23 of information or items under this Order.

24 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

27 Statement.

28 ///

1 4.4 Counsel (without qualifier): Outside Counsel of Record and House

2 Counsel; attorney’s affiliated with counsel of record, employees and/or independent

3 contractors of counsel of record, including paralegal, clerical and secretarial staff

4 employed by such counsel (as well as their support staff).

5 4.5 Designating Party: a Party or Non-Party that designates information or

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

7 “CONFIDENTIAL.”

8 4.6 Disclosure or Discovery Material: all items or information, regardless

9 of the medium or manner in which it is generated, stored, or maintained (including,

10 among other things, testimony, transcripts, and tangible things), that are produced or

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

12 4.7 Expert: a person with specialized knowledge or experience in a matter

13 pertinent to the litigation who has been retained by a Party or its counsel to serve as an

14 expert witness or as a consultant in this Action.

15 4.8 House Counsel: attorneys who are employees of a party to this Action.

16 House Counsel does not include Outside Counsel of Record or any other outside

17 counsel.

18 4.9 Non-Party: any natural person, partnership, corporation, association or

19 other legal entity not named as a Party to this Action.

20 4.10 Outside Counsel of Record: attorneys who are not employees of a Party

21 to this Action but are retained to represent or advise a party to this Action and have

22 appeared in this Action on behalf of that Party or are affiliated with a law firm that has

23 appeared on behalf of that Party, and includes support staff.

24 4.11 Party: any Party to this Action, including all of its officers, directors,

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

26 support staffs).

27 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

28 Discovery Material in this Action.

1 4.13 Professional Vendors: persons or entities that provide litigation support

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

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

4 their employees and subcontractors.

5 4.14 Protected Material: any Disclosure or Discovery Material that is

6 designated as “CONFIDENTIAL.”

7 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material

8 from a Producing Party.

9 5. SCOPE

10 The protections conferred by this Stipulation and Order cover not only Protected

11 Material (as defined above), but also (1) any information copied or extracted from

12 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

13 Material; and (3) any testimony, conversations, or presentations by Parties or their

14 Counsel that might reveal Protected Material.

15 However, the protections conferred by this Stipulation and Order do not cover

16 the following information: (a) any information that is in the public domain at the time

17 of disclosure to a Receiving Party or becomes part of the public domain after its

18 disclosure to a Receiving Party as a result of publication not involving a violation of

19 this Order, including becoming part of the public record through trial or otherwise; and

20 (b) any information known to the Receiving Party prior to the disclosure or obtained by

21 the Receiving Party after the disclosure from a source who obtained the information

22 lawfully and under no obligation of confidentiality to the Designating Party. Any use

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

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

25 6. DURATION

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

27 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as

28 an exhibit at trial becomes public and will be presumptively available to all members

1 of the public, including the press, unless compelling reasons supported by specific

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

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

4 documents produced in discovery from “compelling reasons” standard when merits-

5 related documents are part of court record). Accordingly, the terms of this protective

6 order do not extend beyond the commencement of the trial.

7 7. DESIGNATING PROTECTED MATERIAL

8 7.1 Exercise of Restraint and Care in Designating Material for Protection. Each

9 Party or Non-Party that designates information or items for protection under this Order

10 must take care to limit any such designation to specific material that qualifies under the

11 appropriate standards. The Designating Party must designate for protection only those

12 parts of material, documents, items or oral or written communications that qualify so

13 that other portions of the material, documents, items or communications for which

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

15 Mass, indiscriminate or routinized designations are prohibited. Designations that

16 are shown to be clearly unjustified or that have been made for an improper purpose

17 (e.g., to unnecessarily encumber the case development process or to impose

18 unnecessary expenses and burdens on other parties) may expose the Designating Party

19 to sanctions.

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

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

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

23 7.2 Manner and Timing of Designations. Except as otherwise provided in this

24 Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material that

25 qualifies for protection under this Order must be clearly so designated before the

26 material is disclosed or produced.

27 ///

28 ///

1 Designation in conformity with this Order requires:

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

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

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

5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

6 contains protected material. If only a portion of the material on a page qualifies

7 for protection, the Producing Party also must clearly identify the protected

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

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

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

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

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

13 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

14 copied and produced, the Producing Party must determine which documents, or portions

15 thereof, qualify for protection under this Order. Then, before producing the specified

16 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page

17 that contains Protected Material. If only a portion of the material on a page qualifies for

18 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

19 by making appropriate markings in the margins).

20 (b) for testimony given in depositions that the Designating Party identifies

21 the Disclosure or Discovery Material on the record, before the close of the

22 deposition all protected testimony.

23 (c) for information produced in some form other than documentary and for

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

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

26 legend “CONFIDENTIAL.” If only a portion or portions of the information

27 warrants protection, the Producing Party, to the extent practicable, shall identify

28 the protected portion(s).

1 7.3 Inadvertent Failures to Designate. An inadvertent failure to designate

2 qualified information or items does not, standing alone, waive the Designating Party’s

3 right to secure protection under this Order for such material so long as written notice of

4 the inadvertent failure to designate is provided within 60 days of discovery by

5 Designating Party of inadvertent failure to designate. Upon timely correction of a

6 designation, the Receiving Party must make reasonable efforts to assure that the

7 material is treated in accordance with the provisions of this Order. This provision is not

8 intended to apply to any inadvertent production of any information or items protected

9 by attorney-client or work product privileges. No provision in this Order shall affect a

10 Party’s right to object to the designation of any document or other material as

11 “CONFIDENTIAL” on any ground that is available under applicable law.

12 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

13 8.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

15 Order. Unless a prompt challenge to a Designating Party’s confidentiality designation

16 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

17 burdens, or a significant disruption or delay of the litigation, a Party does not waive its

18 right to challenge a confidentiality designation by electing not to mount a challenge

19 promptly after the original designation is disclosed.

20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

21 resolution process under Local Rule 37-1, et seq.

22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

23 stipulation pursuant to Local Rule 37-2.

24 8.4 The burden of persuasion in any such challenge proceeding shall be on

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

26 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

27 expose the Challenging Party to sanctions. Unless the Designating Party has waived

28 or withdrawn the confidentiality designation, all parties shall continue to afford the

1 material in question the level of protection to which it is entitled under the Producing

2 Party’s designation until the Court rules on the challenge.

3 9. ACCESS TO AND USE OF PROTECTED MATERIAL

4 9.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

9 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).

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

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

12 authorized under this Order.

13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

14 otherwise ordered by the court or permitted in writing by the Designating Party, a

15 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

16 only to:

17 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well

18 as employees of said Outside Counsel of Record to whom it is reasonably

19 necessary to disclose the information for this Action;

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

21 Receiving Party to whom disclosure is reasonably necessary for this Action and

22 who have signed the “Acknowledgment and Agreement to Be Bound”

23 (Exhibit A);

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

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

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

27 (d) the Court and its personnel;

28 (e) court reporters and their staff;

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

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

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

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

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

6 (h) any deposition, proceeding, or hearing witness who previously has had

7 access to the “CONFIDENTIAL” Information or who is currently or was

8 previously an officer, director, employee or agent of an entity that has had access

9 to the “CONFIDENTIAL” Information;

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

11 Action who previously did not have access to the “CONFIDENTIAL”

12 Information, provided that: (1) disclosure is reasonably necessary, (2) the

13 deposing party requests that the witness and the attorney for the witness sign the

14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (3) the witness

15 and the attorney for the witness will not be permitted to keep any confidential

16 information unless they sign the “Acknowledgment and Agreement to Be

17 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

18 by the Court;

19 (j) any mediator, third-party neutral, or settlement officer, and their

20 supporting personnel, mutually agreed upon by any of the Parties engaged in

21 settlement discussions; and

22 (k) any other person or entity that Designating Party agrees to in writing.

23 Pages of transcribed deposition testimony or exhibits to depositions that reveal

24 Protected Material may be separately bound by the court reporter and may not be

25 disclosed to anyone except as permitted under this Stipulated Protective Order.

26 ///

27 ///

28 ///

1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

2 PRODUCED IN OTHER LITIGATION

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

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

5 “CONFIDENTIAL,” that Party must:

6 (a) promptly notify in writing the Designating Party. Such notification shall

7 include a copy of the subpoena or court order;

8 (b) promptly notify in writing the party who caused the subpoena or order

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

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

11 include a copy of this Stipulated Protective Order; and

12 (c) cooperate with respect to all reasonable procedures sought to be pursued

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

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

15 subpoena or court order shall not produce any information designated in this action as

16 “CONFIDENTIAL” before a determination by the court from which the subpoena or

17 order issued, unless the Party has obtained the Designating Party’s permission. The

18 Designating Party shall bear the burden and expense of seeking protection in that court

19 of its confidential material and nothing in these provisions should be construed as

20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

21 from another court.

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

23 PRODUCED IN THIS LITIGATION

24 (a) The terms of this Order are applicable to information produced by a

25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such

26 information produced by Non-Parties in connection with this litigation is

27 protected by the remedies and relief provided by this Order. Any such

28 designation shall also function as consent by such producing Non-Party to the

1 authority of the Court in the Action to resolve and conclusively determine any

2 motion or other application made by any person or Party with respect to such

3 designation, or any other matter otherwise arising under this Order. Nothing in

4 these provisions should be construed as prohibiting a Non-Party from seeking

5 additional protections.

6 (b) In the event that a Party is required, by a valid discovery request, to

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

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

9 confidential information, then the Party shall:

10 (1) promptly notify in writing the Requesting Party and the Non-Party that

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

12 agreement with a Non-Party;

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

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

15 reasonably specific description of the information requested; and

16 (3) make the information requested available for inspection by the Non-

17 Party, if requested.

18 (c) If the Non-Party fails to seek a protective order from this court within

19 14 days of receiving the notice and accompanying information, the Receiving

20 Party may produce the Non-Party’s confidential information responsive to the

21 discovery request. If the Non-Party timely seeks a protective order, the Receiving

22 Party shall not produce any information in its possession or control that is subject

23 to the confidentiality agreement with the Non-Party before a determination by

24 the court. Absent a court order to the contrary, the Non-Party shall bear the

25 burden and expense of seeking protection in this court of its Protected Material.

26 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

28 Protected Material to any person or in any circumstance not authorized under this

1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing

2 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

3 all unauthorized copies of the Protected Material, (c) inform the person or persons to

4 whom unauthorized disclosures were made of all the terms of this Order, and (d) request

5 such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

6 that is attached hereto as Exhibit A.

7 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

8 PROTECTED MATERIAL

9 When a Producing Party gives notice to Receiving Parties that certain

10 inadvertently produced material is subject to a claim of privilege or other protection,

11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

13 may be established in an e-discovery order that provides for production without prior

14 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

15 parties reach an agreement on the effect of disclosure of a communication or

16 information covered by the attorney-client privilege or work product protection, the

17 parties may incorporate their agreement in the stipulated protective order submitted to

18 the Court.

19 14. MISCELLANEOUS

20 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

21 person to seek its modification by the Court in the future. This Order shall not be

22 construed to preclude either Party from asserting in good faith that certain

23 “CONFIDENTIAL” Information or Items require additional protection. The Parties

24 shall meet and confer to agree upon the terms of such additional protection.

25 14.2 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

27 to disclosing or producing any information or item on any ground not addressed in this

28 ///

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

2 to use in evidence of any of the material covered by this Protective Order.

3 14.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

6 Protected Material at issue. If a Party’s request to file Protected Material under seal is

7 denied by the court, then the Receiving Party may file the information in the public

8 record unless otherwise instructed by the court.

9 14.4 Waiver of Designating Party. This Order is entered into without prejudice

10 to the right of any Party to knowingly waive the applicability of this Order to any

11 “CONFIDENTIAL” Information or Items designated by that Party.

12 14.5 Previously Produced Documents. The Parties agree to be bound by the

13 terms set forth herein with regard to any “CONFIDENTIAL” information or items that

14 have been produced before the Court signs this Order. In the event that the Court

15 modifies this Order, or in the event that the Court enters a different Protective Order,

16 the Parties agree to be bound by this Order until such time as the Court may enter such

17 a different Order.

18 This Order may apply to previously produced medical records/ already produced

19 by Plaintiff’s counsel in response to Defendants’ discovery requests in the instant

20 litigation, George Cable v. Starbucks Corporation, et al., Case No.: 2:20-cv-10931-

21 ODW-RAOx. If he chooses to do so, Plaintiff may utilize the Confidentiality

22 designation provisions of this Order for the medical records already produced in the

23 instant litigation, George Cable v. Starbucks Corporation, et al., Case No.: 2:20-cv-

24 10931-ODW-RAOx

25 15. FINAL DISPOSITION

26 Within 60 days after the final disposition of this Action, as defined in paragraph

27 6, and only upon written request by the Designating Party, each Receiving Party must

28 return all Protected Material to the Producing Party or destroy such material no later

1 than 60 days after Designating Party’s written request. As used in this subdivision, “all

2 Protected Material” includes all copies, abstracts, compilations, summaries, and any

3 other format reproducing or capturing any of the Protected Material. Whether the

4 Protected Material is returned or destroyed, the Receiving Party must submit a written

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

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

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

8 that the Receiving Party has not retained any copies, abstracts, compilations, summaries

9 or any other format reproducing or capturing any of the Protected Material.

10 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

11 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

12 correspondence, deposition and trial exhibits, expert reports, attorney work product, and

13 consultant and expert work product, even if such materials contain Protected Material.

14 Any such archival copies that contain or constitute Protected Material remain subject to

15 this Protective Order as set forth in paragraph 6 (DURATION). To the extent permitted

16 by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Order,

17 even after final disposition of the Action.

18 //

19 //

20 //

21 //

22 //

23 //

24 //

25 //

26 //

27 //

28 //

1 16. VIOLATION

2 Any violation of this Order may be punished by any and all appropriate measures

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

4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5

6 Dated: September 1, 2021 FISHER & PHILLIPS, LLP

7

By: /s/ Danielle S. Krauthamer

8 NICOLE GOLOB

9 DANIELLE S. KRAUTHAMER

Attorneys for Defendant

10 STARBUCKS CORPORATION

///

12 || Dated: September 1, 2021 LAW OFFICE OF JOSHUA COHEN SLATKIN

13

4 By: /s/ Joshua Cohen Slatkin

JOSHUA COHEN SLATKIN

15 Attorneys for Plaintiff

16 GEORGE CABLE

17

18 PURSUANT TO STIPULATION, IT IS SO ORDERED.

19

Repel O, OL~

Dated: September 2, 2021

71 HONORABLE ROZELLA A. OLIVER

22 United States Magistrate Judge

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17 CASE NO. 2:20-cv-10931-ODW (RAOx)

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3 ECF ATTESTATION

4 Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures, I attest under

5 penalty of perjury that all other signatories listed, and on whose behalf the filing is

submitted, concur in the filing’s content and have authorized the filing.

6

7 Dated: September 1, 2021 /s/ Danielle S. Krauthamer

DANIELLE S. KRAUTHAMER

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, ___________________________________________________ (name), of

4 _____________________________________________________________ address),

5 declare under penalty of perjury that I have read in its entirety and understand the

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

7 Central District of California on __________________ (date entered by court) in the

8 case of George Cable v. Starbucks Corporation, et al., Case No.: 2:20-cv-10931-ODW-

9 RAOx. I agree to comply with and to be bound by all the terms of this Stipulated

10 Protective Order and I understand and acknowledge that failure to so comply could

11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise

12 that I will not disclose in any manner any information or item that is subject to this

13 Stipulated Protective Order to any person or entity except in strict compliance with the

14 provisions of this Order.

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

16 the Central District of California for the purpose of enforcing the terms of this Stipulated

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

18 action. I hereby appoint ____________________________________________ (name)

19 of _________________________________________________ (address and phone

20 number) as my California agent for service of process in connection with this action or

21 any proceedings related to enforcement of this Stipulated Protective Order.

22

23 Date:

24

City and State where sworn and signed:

25

26 Printed name:

27

Signature:

28