distinguishing “good cause” showing for sealing documents produced in discovery 4 || from “compelling reasons” standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing documents produced in discovery 4 || from “compelling reasons” standard when merits-related documents are part of court record
- even stipulated protective orders require 9 || good cause showing
Written by the judges who cited it.
The opinion
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ALEXIS AGAR-VALENCIA, Case No. 2:21-cv-04306-GW-PVCx
1 individually and on behalf of all others
12 || similarly situated,
Plaintiff, STIPULATED PROTECTIVE
ORDER
14 v.
15 | PSL ASSOCIATES, LLC; and DOES 1
16 through 20, inclusive,
7 Defendant.
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1 PURPOSES AND LIMITATIONS OF STIPULATION AND PROTECTIVE ORDER
2 Discovery in this action is likely to involve production of confidential, proprietary, or private
3 || information for which special protection from public disclosure and from use for any purpose other
4 || than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and
5 || petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this
6 || Order does not confer blanket protections on all disclosures or responses to discovery and that the
7 || protection it affords from public disclosure and use extends only to the limited information or items
8 || that are entitled to confidential treatment under the applicable legal principles.
9 | IL GOOD CAUSE STATEMENT
10 This action is likely to involve the disclosure of material protected under the constitutional,
1] || statutory, or common law right to privacy or protected as confidential business, financial, proprietary,
12 || or private personnel, policy, and payroll information. Such confidential and proprietary materials and
13 || information consist of, among other things, confidential information regarding current and/ or former
14 || employees, confidential business or financial information, information regarding confidential business
15 || practices, or other confidential commercial information (including information implicating privacy
16 || rights of third parties), information otherwise generally unavailable to the public, or which may be
17 || privileged or otherwise protected from disclosure under state or federal statutes, court rules, case
18 || decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt
19 |] resolution of disputes over confidentiality of discovery materials, to adequately protect information
20 || the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable
2] || necessary uses of such material in preparation for and in the conduct of trial, to address their handling
22 || at the end of the litigation, and serve the ends of justice, a protective order for such information is
23 || justified in this matter. It is the intent of the parties that information will not be designated as
24 || confidential for tactical reasons and that nothing be so designated without a good faith belief that it
25 || has been maintained in a confidential, non-public manner, and there is good cause why it should not
26 || be part of the public record of this case.
27 | ‘UL ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
28 The parties further acknowledge, as set forth in Section XIV.C, below, that this Stipulated
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1 || Protective Order does not entitle them to file confidential information under seal: Civil Local Rule 79-
2 || 5 sets forth the procedures that must be followed and the standards that will be applied when a party
3 || seeks permission from the court to file material under seal.
4 There is a strong presumption that the public has a right of access to judicial proceedings and
5 || records in civil cases. In connection with non-dispositive motions, good cause must be shown to
6 || support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th
7 || Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.
8 || Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
9 || good cause showing), and a specific showing of good cause or compelling reasons with proper
10 || evidentiary support and legal justification, must be made with respect to Protected Material that a party
11 || seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as
12 || CONFIDENTIAL does not—without the submission of competent evidence by declaration,
13 || establishing that the material sought to be filed under seal qualifies as confidential, privileged, o1
14 || otherwise protectable—constitute good cause.
15 Further, if a party requests sealing related to a dispositive motion or trial, then compelling
16 || reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly
17 || tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d
18 || 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be
19 || filed or introduced under seal in connection with a dispositive motion or trial, the party seeking
20 || protection must articulate compelling reasons, supported by specific facts and legal justification, for
21 || the requested sealing order. Again, competent evidence supporting the application to file documents
22 || under seal must be provided by declaration.
23 Any document that is not confidential, privileged, or otherwise protectable in its entirety will
24 || not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then
25 || a redacted version for public viewing, omitting only the confidential, privileged, or otherwise
26 || protectable portions of the document, shall be filed. Any application that seeks to file documents under
27 || seal in their entirety should include an explanation of why redaction is not feasible.
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1 || IV. DEFINITIONS
2 A. Action: Action refers to the above referenced matter titled Alexis Agar-Valencia v. PSL
3 Associates, LLC, Case No. 2:21-cv-04306-GW-PVCx.
4 B. Challenging Party: a Party or Non-Party that challenges the designation of information
5 or items under this Order.
6 C. “CONFIDENTIAL” Information or Items: information (regardless of how it is
7 generated, stored or maintained) or tangible things that qualify for protection under
8 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
9 Statement.
10 D. Counsel: “Counsel” means:
11 1) Littler Mendelson, a professional corporation, and its respective support staff
12 and other employees who are not employed by a Party and to whom it is
13 necessary to disclose Confidential Information for the purpose of this action;
14 2) Aegis Law Firm, and their respective support staff and other employees who
15 are not employed by a Party and to whom it is necessary to disclose Confidential
16 Information for the purpose of this action;
17 E. Designating Party: a Party or Non-Party that designates information or items that it
18 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
19 F. Disclosure or Discovery Material: all items or information, regardless of the medium
20 or manner in which it is generated, stored, or maintained (including, among other
21 things, testimony, transcripts, and tangible things), that are produced or generated in
22 disclosures or responses to discovery in this matter.
23 G. Expert: a person with specialized knowledge or experience in a matter pertinent to the
24 litigation who has been retained by a Party or its counsel to serve as an expert witness
25 or as a consultant in this Action.
26 H. House Counsel: attorneys who are employees of a party to this Action. House Counsel
27 does not include Outside Counsel of Record or any other outside counsel.
28 I. Non-Party: any natural person, partnership, corporation, association, or other legal
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1 entity not named as a Party to this action.
2 J. Outside Counsel of Record: attorneys who are not employees of a party to this Action
3 but are retained to represent or advise a party to this Action and have appeared in this
4 Action on behalf of that party or are affiliated with a law firm that has appeared on
5 behalf of that party, including support staff.
6 K. Party: any party to this Action, including all of its officers, directors, employees,
7 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
8 L. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material
9 in this Action.
10 M. Professional Vendors: persons or entities that provide litigation support services (e.g.,
11 photocopying, videotaping, translating, preparing exhibits or demonstrations, and
12 organizing, storing, or retrieving data in any form or medium) and their employees and
13 subcontractors.
14 N. Protected Material: any Disclosure or Discovery Material that is designated as
15 “CONFIDENTIAL.”
16 O. Receiving Party: a Party that receives Disclosure or Discovery Material from a
17 Producing Party.
18 || V. SCOPE
19 The protections conferred by this Stipulation and Order cover not only Protected Material (as
20 || defined above), but also (1) any information copied or extracted from Protected Material; (2) all
21 || copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
22 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
23 Any use 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 |} VI. DURATION
26 Once a case proceeds to trial, all of the court-filed information to be introduced that was
27 || previously designated as confidential or maintained pursuant to this protective order becomes public
28 || and will be presumptively available to all members of the public, including the press, unless
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1 || compelling reasons supported by specific factual findings to proceed otherwise are made to the trial
2 || judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81
3 || (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery
4 || from “compelling reasons” standard when merits-related documents are part of court record).
5 || Accordingly, the terms of this protective order do not extend beyond the commencement of the trial.
6 || VII. DESIGNATING PROTECTED MATERIAL
7 A. Exercise of Restraint and Care in Designating Material for Protection. Each Party or
8 || Non-Party that designates information or items for protection under this Order must take care to limit
9 || any such designation to specific material that qualifies under the appropriate standards. The
10 || Designating Party must designate for protection only those parts of material, documents, items, or oral
11 || or written communications that qualify so that other portions of the material, documents, items, or
12 || communications for which protection is not warranted are not swept unjustifiably within the ambit of
13 || this Order.
14 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
15 || to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
16 || encumber the case development process or to impose unnecessary expenses and burdens on other
17 || parties) may expose the Designating Party to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it designated for
19 || protection do not qualify for protection, that Designating Party must promptly notify all other Parties
20 || that it 1s withdrawing the inapplicable designation.
21 B. Manner and Timing of Designations. Except as otherwise provided in this Order or as
22 || otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under
23 || this Order must be clearly so designated before the material is disclosed or produced.
24 Designation in conformity with this Order requires:
25 1. for information in documentary form (e.g., paper or electronic documents, but
26 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
27 || affix, at a minimum, the legend “CONFIDENTIAL.” (hereinafter “CONFIDENTIAL legend”), to each
28 || page that contains protected material. If only a portion or portions of the material on a page qualifies
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1 || for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
2 || appropriate markings in the margins).
3 A Party or Non-Party that makes original documents available for inspection need not
4 || designate them for protection until after the inspecting Party has indicated which documents it would
5 || like copied and produced. During the inspection and before the designation, all of the material made
6 || available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified
7 || the documents it wants copied and produced, the Producing Party must determine which documents,
8 || or portions thereof, qualify for protection under this Order. Then, before producing the specified
9 || documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains
10 || Protected Material. If only a portion or portions of the material on a page qualifies for protection, the
11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
12 || markings in the margins).
13 2. for testimony given in depositions that the Designating Party identify the
14 || Disclosure or Discovery Material on the record, before the close of the deposition.
15 3. for information produced in some form other than documentary and for any
16 || other tangible items, that the Producing Party affix in a prominent place on the exterior of the container
17 || or contaimers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or
18 || portions of the information warrants protection, the Producing Party, to the extent practicable, shall
19 || identify the protected portion(s).
20 C. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
21 || designate qualified information or items does not, standing alone, waive the Designating Party’s right
22 || to secure protection under this Order for such material. Upon timely correction of a designation, the
23 || Receiving Party must make reasonable efforts to assure that the material is treated in accordance with
24 || the provisions of this Order.
25 |} VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
26 A. Timing of Challenges. Any Party or Non-Party may challenge a designation of
27 || confidentiality at any time that is consistent with the Court’s Scheduling Order.
28 B. Meet and Confer. The Challenging Party shall initiate the dispute resolution process
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1 || under Local Rule 37-1, ef seq.
2 C. Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation
3 || pursuant to Local Rule 37-2.
4 D. Burden. The burden of persuasion in any such challenge proceeding shall be on the
5 || Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or
6 || impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to
7 || sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all
8 || parties shall continue to afford the material in question the level of protection to which it is entitled
9 || under the Producing Party’s designation until the Court rules on the challenge.
10 || Ix. ACCESS TO AND USE OF PROTECTED MATERIAL
11 A. Basic Principles. A Receiving Party may use Protected Material that is disclosed or
12 || produced by another Party or by a Non-Party in connection with this Action exclusively for
13 || prosecuting, defending, or attempting to settle this Action. No Party may use Protected Material for
14 || any other purpose. Such Protected Material may be disclosed only to the categories of persons and
15 || under the conditions described in this Order. When the Action has been terminated, a Receiving Party
16 || must comply with the provisions of section XVI below (FINAL DISPOSITION).
17 B. Protected Material must be stored and maintained by a Receiving Party at a location
18 || and in a secure manner that ensures that access is limited to the persons authorized under this Order.
19 C. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
20 || the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
21 || information or item designated “CONFIDENTIAL.” only to:
22 1. the Receiving Party’s Outside Counsel of Record in this Action, as well as
23 || employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
24 || information for this Action;
25 2. the officers, directors, and employees (including House Counsel) of the
26 || Receiving Party to whom disclosure is reasonably necessary for this Action;
27 3. Experts (as defined in this Order) of the Receiving Party to whom disclosure is
28 || reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to
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1 || Be Bound” (Exhibit A);
2 4. the Court and its personnel:
3 5. court reporters and their staff;
4 6. professional jury or trial consultants, mock jurors, and Professional Vendors to
5 || whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment
6 || and Agreement to Be Bound” (Exhibit A):
7 7. the author or recipient of a document containing the information or a custodian
8 || or other person who otherwise possessed or knew the information:
9 8. during their depositions, witnesses, and attorneys for witnesses, in the Action
10 || to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness
11 || sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep any confidential
12 || information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
13 || otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition
14 || testimony or exhibits to depositions that reveal Protected Material may be separately bound by the
15 || court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective
16 || Order; and
17 9. any mediator or settlement officer, and their supporting personnel, mutually
18 || agreed upon by any of the parties engaged in settlement discussions.
19 D. Protected Material Subpoenaed Or Ordered Produced In Other Litigation
20 If a Party is served with a subpoena or a court order issued in other litigation that compels
21 || disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party
22 || must:
23 1. promptly notify in writing the Designating Party. Such notification shall include
24 || acopy of the subpoena or court order;
25 2. promptly notify in writing the party who caused the subpoena or order to issue
26 || in the other litigation that some or all of the material covered by the subpoena or order is subject to
27 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
28 3. cooperate with respect to all reasonable procedures sought to be pursued by the
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1 || Designating Party whose Protected Material may be affected.
2 If the Designating Party timely seeks a protective order, the Party served with the subpoena or
3 || court order shall not produce any information designated in this action as “CONFIDENTIAL” before
4 || a determination by the court from which the subpoena or order issued, unless the Party has obtained
5 || the Designating Party’s permission. The Designating Party shall bear the burden and expense of
6 || seeking protection in that court of its confidential material and nothing in these provisions should be
7 || construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
8 || from another court.
X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
° A. The terms of this Order are applicable to information produced by a Non-Party in this
Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
connection with this litigation is protected by the remedies and relief provided by this Order. Nothing
8 in these provisions should be construed as prohibiting a Non-Party from seeking additional
protections.
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B. In the event that a Party is required, by a valid discovery request, to produce a Non-
Party’s confidential information in its possession, and the Party is subject to an agreement with the
Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
1. promptly notify in writing the Requesting Party and the Non-Party that some or
all of the information requested is subject to a confidentiality agreement with a Non-Party;
2. promptly provide the Non-Party with a copy of the Stipulated Protective Order
in this Action, the relevant discovery request(s), and a reasonably specific description of the
information requested; and
3. make the information requested available for inspection by the Non-Party, if
requested.
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Cc. If the Non-Party fails to seek a protective order from this Court within 14 days of
*° receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
1 || order, the Receiving Party shall not produce any information in its possession or control that is subject
2 || to the confidentiality agreement with the Non-Party before a determination by the Court. Absent a
3 || court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in
4 || this Court of its Protected Material.
5 || XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
7 || Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
8 || the Recerving Party must immediately (1) notify in writing the Designating Party of the unauthorized
9 || disclosures, (2) use its best efforts to retrieve all unauthorized copies of the Protected Material, (C)
10 || inform the person or persons to whom unauthorized disclosures were made of all the terms of this
11 || Order, and (3) request such person or persons to execute the “Acknowledgment and Agreement to Be
12 || Bound” that is attached hereto as Exhibit A.
13 || XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
modify whatever procedure may be established in an e-discovery order that provides for production
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or information covered by
the attorney-client privilege or work product protection, the parties may incorporate their agreement
in the stipulated protective order submitted to the Court.
XI. FEDERAL RULE OF EVIDENCE 502(D) AND (E) CLAWBACK AGREEMENT
Pursuant to Federal Rules of Evidence 502(d) and (e), the Parties agree to and the Court orders
protection of privileged and otherwise protected Documents against claims of waiver (including as
against third parties and in other federal and state proceedings) as follows:
*° A. The disclosure or production of documents by a Producing Party subject to a legally
recognized claim of privilege, including without limitation the attorney-client privilege and the work-
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1 || product doctrine, to a Receiving Party, shall in no way constitute the voluntary disclosure of such
2 || document.
3 B. The inadvertent disclosure or production of any document in this action shall not result
4 || in the waiver of any privilege, evidentiary protection or other protection associated with such
5 || document as to the Receiving Party or any third parties, and shall not result in any waiver, including
6 || subject matter waiver, of any kind.
7 C. If, during the course of this litigation, a party determines that any document produced
8 || by another party is or may reasonably be subject to a legally recognizable privilege or evidentiary
9 || protection (“Protected Document”):
10 1. the Receiving Party shall: (a) refrain from reading the Protected Document any
11 || more closely than is necessary to ascertain that it is prrvileged or otherwise protected from disclosure;
12 || (b) immediately notify the Producing Party in writing that it has discovered Documents believed to be
13 || privileged or protected; (c) specifically identify the Protected Documents by Bates number range or
14 || hash value, and, (d) within 10 days of discovery by the Receiving Party, return, sequester, or destroy
15 || all copies of such Protected Documents, along with any notes, abstracts or compilations of the content
16 || thereof. To the extent that a Protected Document has been loaded into a litigation review database
17 || under the control of the Receiving Party, the Receiving Party shall have all electronic copies of the
18 || Protected Document extracted from the database. Where such Protected Documents cannot be
19 || destroyed or separated, they shall not be reviewed, disclosed, or otherwise used by the Recerving Party.
20 || Notwithstanding, the Receiving Party is under no obligation to search or review the Producing Party’s
21 || Documents to identify potentially privileged or work product Protected Documents.
22 2. If the Producing Party intends to assert a claim of privilege or other protection
23 || over Documents identified by the Receiving Party as Protected Documents, the Producing Party will,
24 || within 10 days of receiving the Receiving Party’s written notification described above, inform the
25 || Receiving Party of such intention in writing and shall provide the Receiving Party with a log for such
26 || Protected Documents that is consistent with the requirements of the Federal Rules of Civil Procedure,
27 || setting forth the basis for the claim of privilege or other protection. In the event that any portion of a
28 || Protected Document does not contain privileged or protected information, the Producing Party shall
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1 || also provide to the Receiving Party a redacted copy of the document that omits the information that
2 || the Producing Party believes is subject to a claim of privilege or other protection.
3 D. If, during the course of this litigation, a party determines it has produced a Protected
4 || Document:
5 1. the Producing Party may notify the Receiving Party of such inadvertent
6 || production in writing, and demand the return of such documents. Such notice shall be in writing,
7 || however, it may be delivered orally on the record at a deposition, promptly followed up in writing.
8 || The Producing Party’s written notice will identify the Protected Document inadvertently produced by
9 || bates number range or hash value, the privilege or protection claimed, and the basis for the assertion
10 || of the privilege and shall provide the Receiving Party with a log for such Protected Documents that is
11 || consistent with the requirements of the Federal Rules of Civil Procedure, setting forth the basis for the
12 || claim of privilege or other protection. In the event that any portion of the Protected Document does
13 || not contain privileged or protected information, the Producing Party shall also provide to the Receiving
14 || Party a redacted copy of the Document that omits the information that the Producing Party believes 1s
15 || subject to a claim of privilege or other protection.
16 2. The Receiving Party must, within 10 days of receiving the Producing Party’s
17 || written notification described above, return, sequester, or destroy the Protected Document and any
18 || copies, along with any notes, abstracts or compilations of the content thereof. To the extent that a
19 || Protected Document has been loaded into a litigation review database under the control of the
20 || Receiving Party, the Receiving Party shall have all electronic copies of the Protected Document
21 || extracted from the database.
22 E. To the extent that the information contained in a Protected Document has already been
23 || used in or described in other documents generated or maintained by the Receiving Party prior to the
24 || date of receipt of written notice by the Producing Party as set forth in paragraphs 1 1(c)(2) and 11(d)(1),
25 || then the Receiving Party shall sequester such documents until the claim has been resolved. If the
26 || Receiving Party disclosed the Protected Document before being notified of its inadvertent production,
27 || it must take reasonable steps to retrieve it.
28 F. The Receiving Party’s return, sequestering or destruction of Protected Documents as
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1 || provided herein will not act as a waiver of the Requesting Party’s right to move for the production of
2 || the returned, sequestered or destroyed documents on the grounds that the documents are not, in fact,
3 || subject to a viable claim of privilege or protection. However, the Receiving Party is prohibited and
4 || estopped from arguing that:
5 1. the disclosure or production of the Protected Documents acts as a waiver of an
6 || applicable privilege or evidentiary protection;
7 2. the disclosure of the Protected Documents was not inadvertent;
8 3. the Producing Party did not take reasonable steps to prevent the disclosure of
9 || the Protected Documents: or
10 4. the Producing Party failed to take reasonable or timely steps to rectify the error
11 || pursuant to Federal Rule of Civil Procedure 26(b)(5)(B), or otherwise.
12 G. Either party may submit Protected Documents to the Court under seal for a
13 || determination of the claim of privilege or other protection. The Producing Party shall preserve the
14 || Protected Documents until such claim is resolved. The Receiving Party may not use the Protected
15 || Documents for any purpose absent this Court’s order.
16 H. Upon a determination by the Court that the Protected Documents are protected by the
17 || applicable privilege or evidentiary protection, and if the Protected Documents have been sequestered
18 || rather than returned or destroyed by the Receiving Party, the Protected Documents shall be returned
19 || or destroyed within 10 days of the Court’s order. The Court may also order the identification by the
20 || Receiving Party of Protected Documents by search terms or other means.
21 L Nothing contained herein is intended to, or shall serve to limit a party’s right to conduct
22 || a review of documents, data (including electronically stored information) and other information,
23 || including without limitation, metadata, for relevance, responsiveness and/or the segregation of
24 || privileged and/or protected information before such information is produced to another party.
25 J. By operation of the Parties’ agreement and Court Order, the Parties are specifically
26 || afforded the protections of Federal Rules of Evidence 502 (d) and (e).
27
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1 || XIV. MISCELLANEOUS
2 A. Right to Further Relief. Nothing in this Order abridges the right of any person to seek
3 || its modification by the Court in the future.
4 B. Right to Assert Other Objections. By stipulating to the entry of this Protective Order,
5 || no Party waives any right it otherwise would have to object to disclosing or producing any information
6 || or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives
7 || any right to object on any ground to use in evidence of any of the material covered by this Protective
8 || Order.
9 C. Filing Protected Material. A Party that seeks to file under seal any Protected Material
10 || must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to
11 || a court order authorizing the sealing of the specific Protected Material at issue; good cause must be
12 || shown in the request to file under seal. If a Party’s request to file Protected Material under seal is
13 || denied by the Court, then the Receiving Party may file the information in the public record unless
14 || otherwise instructed by the Court.
15 || XV. INFORMATION SECURITY
16 A. Any person in possession of another party's CONFIDENTIAL information shall
17 || maintain a written information security program that includes reasonable administrative,
18 || technical, and physical safeguards designed to protect the security and confidentiality of such
19 || CONFIDENTIAL information, protect against any reasonably anticipated threats or hazards to the
20 || security of such CONFIDENTIAL information, and protect against unauthorized access to or use
21 || of such CONFIDENTIAL information. To the extent a person or party does not have an information
22 || security program they may comply with this provision by having the CONFIDENTIAL
23 || information managed by and/or stored with eDiscovery vendors or claims administrators that
24 || maintain such an information security program.
25 B. If the Recerving Party discovers a breach of security, mcluding any actual or
26 || suspected unauthorized access, relatnmg to another party's CONFIDENTIAL information, the
27 || Receiving Party shall:
28 1. promptly provide written notice to Designating Party of such breach;
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1 2. investigate and take reasonable efforts to remediate the effects of the breach,
2 || and provide Designating Party with assurances reasonably satisfactory to Designating Party that
3 || such breach shall not recur; and
4 3. provide sufficient information about the breach that the Designating Party
5 || can reasonably ascertain the size and scope of the breach. If required by any judicial o1
6 || governmental request, requirement or order to disclose such information, the Receiving Party
7 || shall take all reasonable steps to give the Designating Party sufficient prior notice in order to
8 || contest such request, requirement or order through legal means. The Receiving Party agrees to
9 || cooperate with the Designating Party or law enforcement in investigating any such security incident.
10 || In any event, the Receiving Party shall promptly take all necessary and appropriate corrective
11 || action to terminate the unauthorized access.
12 || XVI. FINAL DISPOSITION
13 After the final disposition of this Action, within 60 days of a written request by the Designating
14 || Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such
15 || material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
16 || compilations, summaries, and any other format reproducing or capturing any of the Protected Material.
17 || Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written
18 || certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by
19 || the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that
20 || was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
21 || abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected
22 || Material. Notwithstanding this provision, counsel are entitled to retain an archival copy of all
23 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
24 || deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work
25 || product, even if such materials contain Protected Material. Any such archival copies that contain or
26 || constitute Protected Material remain subject to this Protective Order as set forth in Section VI
27 || (DURATION).
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1 Any violation of this Order may be punished by any and all appropriate measures including,
2 || without limitation, contempt proceedings and/or monetary sanctions.
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4 || FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS SO ORDERED.
5 || DATED: September 15, 2021 .
6 fu Nh
7 Honorable Pedro V. Castillo
United States Magistrate Judge
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1 Attachment A
2 UNITED STATES DISTRICT COURT
3 CENTRAL DISTRICT OF CALIFORNIA
4 || ALEXIS AGAR-VALENCIA, individually and | Case No. 2:21-cv-04306-GW-PVCx
on behalf of all others similarly situated,
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Plaintiff,
6 AGREEMENT TO BE BOUND BY
; v. PROTECTIVE ORDER
8 PSL ASSOCIATES, LLC; and DOES 1
through 20, inclusive,
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Defendant.
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11 The undersigned hereby acknowledges that he/she having read the Stipulated
12 || Protective Order entered in the above-captioned action and attached hereto, understands the terms
B thereof, and agrees to be bound by its terms, ensuring that any employees and/or clerical assistants
will also abide thereby. The undersigned submits to the jurisdiction of this Court in matters relating
to the Protective Order and understands that the terms obligate him/her to use documents designated
15
“CONFIDENTIAL” in accordance with the Protective Order solely for the purposes of the above-
16 captioned action, and not to disclose any such documents or information derived directly therefrom to
17 || any other person, firm or concern.
18 The undersigned acknowledges that violation of the Protective Order may result in
19 || Penalties for contempt of court.
Entered into on this day of , 202.
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0 Signature:
23 Print Name:
24 Address:
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