# Nicole Duval v. Residence Inn By Marriott LLC

> District Court, C.D. California · September 16, 2021

URL: https://www.frixlaw.com/law-library/cases/10041964

## Case

- **Court:** District Court, C.D. California
- **Decided:** September 16, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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6 UNITED STATES DISTRICT COURT
7 CENTRAL DISTRICT OF CALIFORNIA
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g || NICOLE DUVAL, an individual, Case No. 2:21-cv-04709-MWF-AFM
[Hon. Michael W. Fitzgerald-Crtrm 5A]
10 Plaintiff,
11 |) YS. {PROPOSED} PROTECTIVE
ORDER
12 || RESIDENCE INN BY MARRIOTT
4 LOS ANGELES PASADENA,
3 13 corporate formation unknown; and
DOES | through 100, inclusive, Complaint Filed: = May 7, 2021
Defendants.
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[PROPOSED] PROTECTIVE ORDER □□

1 || 1. A. 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
4 || disclosure and from use for any purpose other than prosecuting this litigation may
5 || be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 || enter the following Stipulated Protective Order. The parties acknowledge that this
7 || Order does not confer blanket protections on all disclosures or responses to
8 || discovery and that the protection it affords from public disclosure and use extends
9 || only to the limited information or items that are entitled to confidential treatment
10 || under the applicable legal principles.
1] B. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, customer, vendor and pricing
13 || lists and other valuable research, development, commercial, financial, technical,
14 || marketing and/or proprietary information for which special protection from public
15 || disclosure and from use for any purpose other than prosecution of this action is
16 || warranted. Such confidential and proprietary materials and information consist of,
17 || among other things, confidential business or financial information, information
18 || regarding confidential business practices, or other confidential research,
19 || development, or commercial information (including information implicating
20 || privacy rights of vendors, customers and other third parties), information otherwise
21 || generally unavailable to the public, or which may be privileged or otherwise
22 || protected from disclosure under state or federal statutes, court rules, case decisions,
23 || orcommon law. Accordingly, to expedite the flow of information, to facilitate the
24 || prompt resolution of disputes over confidentiality of discovery materials, to
25 || adequately protect information the parties are entitled to keep confidential, to
26 || ensure that the parties are permitted reasonable necessary uses of such material in
27 || preparation for and in the conduct of trial, to address their handling at the end of,
28 || and following, the litigation, and serve the ends of justice, a protective order for
De

1 || such information is justified in this matter. It is the intent of the parties that
2 || information will not be designated as confidential for tactical reasons and that
3 |) nothing be so designated without a good faith belief that it has been maintained in a
4 || confidential, non-public manner, and there is good cause why it should not be part
5 || of the public record of this case.
6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
7 SEAL
8 The parties further acknowledge, as set forth in Section 12.3, below, that this
9 || Stipulated Protective Order does not entitle them to file confidential information
10 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
11 || the standards that will be applied when a party seeks permission from the court to
12 || file material under seal.
13 There is a strong presumption that the public has a right of access to judicial
14 || proceedings and records in civil cases. In connection with non-dispositive motions,
15 || good cause must be shown to support a filing under seal. See Kamakana v. City and
16 || County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
17 || Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
18 || Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
19 || good cause showing), and a specific showing of good cause or compelling reasons
20 || with proper evidentiary support and legal justification, must be made with respect to
21 || Protected Material that a party seeks to file under seal. The parties’ mere designation
22 || of Disclosure or Discovery Material as CONFIDENTIAL does not— without the
23 || submission of competent evidence by declaration, establishing that the material
24 || sought to be filed under seal qualifies as confidential, privileged, or otherwise
25 || protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial,
27 || then compelling reasons, not only good cause, for the sealing must be shown, and
28 || the relief sought shall be narrowly tailored to serve the specific interest to be

1 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
2 |} 2010). For each item or type of information, document, or thing sought to be filed
3 || or introduced under seal in connection with a dispositive motion or trial, the party
4 || seeking protection must articulate compelling reasons, supported by specific facts
5 || and legal justification, for the requested sealing order. Again, competent evidence
6 || supporting the application to file documents under seal must be provided by
7 || declaration.
8 Any document that is not confidential, privileged, or otherwise protectable in
9 || its entirety will not be filed under seal if the confidential portions can be redacted.
10 || If documents can be redacted, then a redacted version for public viewing, omitting
11 || only the confidential, privileged, or otherwise protectable portions of the document,
12 || shall be filed. Any application that seeks to file documents under seal in their
13 || entirety should include an explanation of why redaction is not feasible.
14/2. DEFINITIONS
15 2.1 Action: this pending federal lawsuit.
16 2.2 Challenging Party: a Party or Non-Party that challenges the designation
17 || of information or items under this Order.
18 2.3. “CONFIDENTIAL” Information or Items: information (regardless of
19 || how itis generated, stored or maintained) or tangible things that qualify for protection
20 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
21 || Cause Statement.
22 2.4 “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY”
23 || Information or Items: extremely sensitive “CONFIDENTIAL” Information or
24 |) Items, the disclosure of which to another Party or Non-Party would create a
25 || substantial risk of serious harm that could not be avoided by less restrictive means.
26 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as
27 || their support staff).
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1 2.6 Designating Party: a Party or Non-Party that designates information or
2 || items that it produces in disclosures or in responses to discovery as
3 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
4 || ONLY.”
5 2.7 Disclosure or Discovery Material: all items or information, regardless
6 || of the medium or manner in which it is generated, stored, or maintained (including,
7 || among other things, testimony, transcripts, and tangible things), that are produced
8 || or generated in disclosures or responses to discovery in this matter.
9 2.8 Expert: a person with specialized knowledge or experience in a matter
10 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
11 || an expert witness or as a consultant in this Action.
12 2.9 House Counsel: attorneys who are employees of a party to this Action.
13 || House Counsel does not include Outside Counsel of Record or any other outside
14 || counsel.
15 2.10 Non-Party: any natural person, partnership, corporation, association or
16 || other legal entity not named as a Party to this action.
17 2.11 Outside Counsel of Record: attorneys who are not employees of a party
18 || to this Action but are retained to represent or advise a party to this Action and have
19 |) appeared in this Action on behalf of that party or are affiliated with a law firm that
20 || has appeared on behalf of that party, and includes support staff.
21 2.12 Party: any party to this Action, including all of its officers, directors,
22 || employees, consultants, retained experts, and Outside Counsel of Record (and their
23 || support staffs).
24 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
25 || Discovery Material in this Action.
26 2.14 Professional Vendors: persons or entities that provide litigation support
27 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
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1 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 || and their employees and subcontractors.
3 2.15 Protected Material: any Disclosure or Discovery Material that is
|| designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --
5 | ATTORNEYS’ EYES ONLY.”
6 2.16 Receiving Party: a Party that receives Disclosure or Discovery
7 | Material from a Producing Party.
8 || 3. SCOPE
9 The protections conferred by this Stipulation and Order cover not only
10 || Protected Material (as defined above), but also (1) any information copied or
11 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
12 || compilations of Protected Material; and (3) any testimony, conversations, or
13 || presentations by Parties or their Counsel that might reveal Protected Material.
14 Any use of Protected Material at trial shall be governed by the orders of the
15 |) trial judge. This Order does not govern the use of Protected Material at trial.
16 |] 4. DURATION
17 Once a case proceeds to trial, information that was designated as
18 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced
19 |) as an exhibit at trial becomes public and will be presumptively available to all
20 || members of the public, including the press, unless compelling reasons supported by
21 || specific factual findings to proceed otherwise are made to the trial judge in advance
22 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
23 || showing for sealing documents produced in discovery from “compelling reasons”
24 || standard when merits-related documents are part of court record). Accordingly, the
25 || terms of this protective order do not extend beyond the commencement of the trial.
26 || 5. DESIGNATING PROTECTED MATERIAL
27 5.1 Exercise of Restraint and Care in Designating Material for Protection.
28 || Each Party or Non-Party that designates information or items for protection under

1 || this Order must take care to limit any such designation to specific material that
2 || qualifies under the appropriate standards. The Designating Party must designate for
3 || protection only those parts of material, documents, items or oral or written
4 || communications that qualify so that other portions of the material, documents,
5 || 1tems, or communications for which protection is not warranted are not swept
6 || unjustifiably within the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations
8 || that are shown to be clearly unjustified or that have been made for an improper
9 || purpose (e.g., to unnecessarily encumber the case development process or to impose
10 || unnecessary expenses and burdens on other parties) may expose the Designating
11 || Party to sanctions.
12 If it comes to a Designating Party’s attention that information or items that it
13 || designated for protection do not qualify for protection, that Designating Party must
14 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
15 5.2 Manner and Timing of Designations. Except as otherwise provided in
16 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
17 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
18 || under this Order must be clearly so designated before the material is disclosed or
19 || produced.
20 Designation in conformity with this Order requires:
21 (a) for information in documentary form (e.g., paper or electronic
22 || documents, but excluding transcripts of depositions or other pretrial or trial
23 || proceedings), that the Producing Party affix at a minimum, the legend
24 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY
25 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” (hereinafter “HIGHLY
26 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY legend”) to each page that
27 || contains protected material. If only a portion of the material on a page qualifies for
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1 || protection, the Producing Party also must clearly identify the protected portion(s)
2 || (e.g., by making appropriate markings in the margins).
3 A Party or Non-Party that makes original documents available for
4 || inspection need not designate them for protection until after the inspecting Party has
5 || indicated which documents it would like copied and produced. During the inspection
6 || and before the designation, all of the material made available for inspection shall be
7 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the
8 || documents it wants copied and produced, the Producing Party must determine which
9 || documents, or portions thereof, qualify for protection under this Order. Then, before
10 || producing the specified documents, the Producing Party must affix the
11 | “CONFIDENTIAL legend” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
12 || EYES ONLY” to each page that contains Protected Material. If only a portion of the
13 || material on a page qualifies for protection, the Producing Party also must clearly
14 || identify the protected portion(s) (e.g., by making appropriate markings in the
15 || margins).
16 (b) for testimony given in depositions, that the Designating Party identify
17 |) all protected testimony and specify the level of protection being asserted, either (1)
18 || on the record, before the close of the deposition; (2) in the case of depositions other
19 || than those taken as part of the Parties’ stipulated jurisdictional discovery, in writing
20 || within 14 calendar days following the deposition; or (3) in the case of depositions
21 || taken as part of the Parties’ stipulated jurisdictional discovery, in writing within three
22 || calendar days following the deposition. Prior to the expiration of this 14-day period
23 || (or, in the case of depositions taken as part of the Parties’ stipulated jurisdictional
24 || discovery, three-day period), all information disclosed during a deposition shall be
25 || treated as “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES ONLY” unless
26 || otherwise agreed by the Parties or ordered by the Court. After expiration of this 14-
27 || day period (or, in the case of depositions taken as part of the Parties’ stipulated
28 || jurisdictional discovery, three-day period), only those portions of the testimony that

1 || are appropriately designated for protection as set forth above shall be covered by the
2 || provisions of this Stipulated Protective Order.
3 The use of a document as an exhibit at a deposition shall not in any way
4 || affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL --
5 | ATTORNEYS’ EYES ONLY.”
6 Transcripts containing Protected Material shall have an obvious legend on
7 || the title page that the transcript contains Protected Material, and the title page shall
8 || be followed by a list of all pages (including line numbers as appropriate) that have
9 || been designated as Protected Material and the level of protection being asserted by
10 || the Designating Party. The Designating Party shall inform the court reporter of
11 || these requirements. Any transcript that is prepared before the expiration of the 14-
12 || day period (or, in the case of depositions taken as part of the Parties’ stipulated
13 || jurisdictional discovery, three-day period) for designation shall be treated during
14 || that period as if it had been designated “HIGHLY CONFIDENTIAL --
15 | ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the
16 || expiration of that period, the transcript shall be treated only as actually designated.
17 (c) for information produced in some form other than documentary and
18 || for any other tangible items, that the Producing Party affix in a prominent place on
19 || the exterior of the container or containers in which the information is stored the
20 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
21 || EYES ONLY.” If only a portion or portions of the information warrants protection,
22 || the Producing Party, to the extent practicable, shall identify the protected portion(s).
23 (d) for electronic files produced in native electronic format, by (1)
24 || appending to the file names or designators information indicating whether the file
25 || contains “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
26 || EYES ONLY” material, or (2) using any other reasonable method for so designating
27 || Protected Materials produced in native electronic format. When files produced in
28 || native electronic format are printed for use at deposition, in a court proceeding, or

1 || for provision in printed form to any persons entitled to receive them pursuant to
2 || Section 7 (ACCESS TO AND USE OF PROTECTED MATERIAL), the party
3 || printing the files shall affix a legend to the printed documents corresponding to the
4 || designation of the Designating Party and including the Bates numbers and
5 || confidentiality designations associated with the native files.
6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
7 || failure to designate qualified information or items does not, standing alone, waive
8 || the Designating Party’s right to secure protection under this Order for such material.
9 | Upon timely correction of a designation, the Receiving Party must make reasonable
10 || efforts to assure that the material is treated in accordance with the provisions of this
11 |) Order.
12 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13 6.1 Timing of Challenges. Any Party or Non-Party may challenge
14 || a designation of confidentiality at any time that is consistent with the
15 |) Court’s Scheduling Order.
16 6.2 Meet and Confer. The Challenging Party shall initiate the
17 || dispute resolution process under Local Rule 37-1 et seq.
18 6.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
19 || joint stipulation pursuant to Local Rule 37-2.
20 6.4 The burden of persuasion in any such challenge proceeding shall be
21 || on the Designating Party. Frivolous challenges, and those made for an improper
22 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
23 || parties) may expose the Challenging Party to sanctions. Unless the Designating
24 || Party has waived or withdrawn the confidentiality designation, all parties shall
25 || continue to afford the material in question the level of protection to which it is
26 || entitled under the Producing Party’s designation until the Court rules on the
27 || challenge.
28 || ///
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1 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
2 7.1 Basic Principles. A Receiving Party may use Protected Material that is
3 || disclosed or produced by another Party or by a Non-Party in connection with this
4 || Action only for prosecuting, defending, or attempting to settle this Action. Such
5 || Protected Material may be disclosed only to the categories of persons and under the
6 || conditions described in this Order. When the Action has been terminated, a
7 || Receiving Party must comply with the provisions of section 13 below (FINAL
8 || DISPOSITION).
9 Protected Material must be stored and maintained by a Receiving Party at a
10 || location and in a secure manner that ensures that access is limited to the persons
11 || authorized under this Order.
12 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
13 || otherwise ordered by the court or permitted in writing by the Designating Party, a
14 | Receiving Party may disclose any information or item designated
15 | “CONFIDENTIAL” only to:
16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
17 || well as employees of said Outside Counsel of Record to whom it is reasonably
18 ||necessary to disclose the information for this Action;
19 (b) the officers, directors, and employees (including House Counsel) of
20 || the Receiving Party to whom disclosure is reasonably necessary for this Action;
21 (c) Experts (as defined in this Order) of the Receiving Party to whom
22 || disclosure is reasonably necessary for this Action and who have signed the
23 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (d) the court and its personnel;
25 (e) court reporters and their staff;
26 (f) professional jury or trial consultants, mock jurors, and Professional
27 || Vendors to whom disclosure is reasonably necessary for this Action and who have
28 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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1 (g) the author or recipient of a document containing the information or a
2 || custodian or other person who otherwise possessed or knew the information;
3 (h) during their depositions, witnesses, and attorneys for witnesses, in the
4 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
5 || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
6 |} not be permitted to keep any confidential information unless they sign the
7 | “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
8 || agreed by the Designating Party or ordered by the court. Pages of transcribed
9 || deposition testimony or exhibits to depositions that reveal Protected Material may be
10 || separately bound by the court reporter and may not be disclosed to anyone except as
11 || permitted under this Stipulated Protective Order; and
12 (1) any mediator or settlement officer, and their supporting personnel,
13 || mutually agreed upon by any of the parties engaged in settlement discussions.
14 7.3. Disclosure of “HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
15 | ONLY” Information or Items. Unless otherwise ordered by the court or permitted
16 || in writing by the Designating Party, a Receiving Party may disclose any
17 || information or item designated “CONFIDENTIAL” only to:
18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
19 || as employees of said Outside Counsel of Record to whom it is reasonably necessary
20 || to disclose the information for this Action;
21 (b) Experts (as defined in this Order) of the Receiving Party to whom
22 || disclosure is reasonably necessary for this Action and who have signed the
23 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (c) the court and its personnel;
25 (d) private court reporters and their staff to whom disclosure is reasonably
26 || necessary for this Action and who have signed the “Acknowledgment and
27 || Agreement to Be Bound” (Exhibit A);
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1 (e) professional jury or trial consultants, mock jurors, and Professional
2 || Vendors to whom disclosure 1s reasonably necessary for this Action and who have
3 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (f) the author or recipient of a document containing the information or a
5 || custodian or other person who otherwise possessed or knew the information; and
6 (g) any mediator or settlement officer, and their supporting personnel,
7 || mutually agreed upon by any of the parties engaged in settlement discussions, who
8 || have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
9 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
10 IN OTHER LITIGATION
11 If a Party is served with a subpoena or a court order issued in other
12 || litigation that compels disclosure of any information or items designated in this
13 || Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
14 | EYES ONLY,” that Party must:
15 (a) promptly notify in writing the Designating Party. Such notification
16 |) shall include a copy of the subpoena or court order;
17 (b) promptly notify in writing the party who caused the subpoena or order
18 |) to issue in the other litigation that some or all of the material covered by the subpoena
19 |) or order is subject to this Protective Order. Such notification shall include a copy of
20 (c) this Stipulated Protective Order; and cooperate with respect to all
21 || reasonable procedures sought to be pursued by the Designating Party whose
22 || Protected Material may be affected.
23 If the Designating Party timely seeks a protective order, the Party served with
24 || the subpoena or court order shall not produce any information designated in this
25 || action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -- ATTORNEYS’
26 || EYES ONLY” before a determination by the court from which the subpoena or order
27 || issued, unless the Party has obtained the Designating Party’s permission. The
28 || Designating Party shall bear the burden and expense of seeking protection in that
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1 || court of its confidential material and nothing in these provisions should be construed
2 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
3 || directive from another court.
4/9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 (a) The terms of this Order are applicable to information produced by a
7 | Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
8 || CONFIDENTIAL -- ATTORNEYS’ EYES ONLY.” Such information produced by
9 | Non-Parties in connection with this litigation is protected by the remedies and relief
10 || provided by this Order. Nothing in these provisions should be construed as
11 || prohibiting a Non-Party from seeking additional protections.
12 || In the event that a Party is required, by a valid discovery request, to produce a Non-
13 || Party’s confidential information in its possession, and the Party is
14 (b) Inthe event that a Party is required, by a valid discovery request, to
15 || produce a Non-Party’s confidential information in its possession, and the Party is
16 || subject to an agreement with the Non-Party not to produce the Non-Party’s
17 || confidential information, then the Party shall:
18 (1) promptly notify in writing the Requesting Party and the Non-
19 Party that some or all of the information requested is subject to a
20 confidentiality agreement with a Non-Party;
21 (2) promptly provide the Non-Party with a copy of the Stipulated
22 Protective Order in this Action, the relevant discovery request(s), and a
23 reasonably specific description of the information requested; and
24 (3) make the information requested available for inspection by the
25 Non-Party, if requested.
26 (c) Ifthe Non-Party fails to seek a protective order from this court within
27 || 14 days of receiving the notice and accompanying information, the Receiving Party
28 || may produce the Non-Party’s confidential information responsive to the discovery
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1 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
2 || not produce any information in its possession or control that is subject to the
3 | confidentiality agreement with the Non-Party before a determination by the court.
4 || Absent a court order to the contrary, the Non-Party shall bear the burden and
5 || expense of seeking protection in this court of its Protected Material.
6 || 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
8 || Protected Material to any person or in any circumstance not authorized under this
9 |) Stipulated Protective Order, the Receiving Party must immediately (a) notify in
10 || writing the Designating Party of the unauthorized disclosures, (b) use its best
11 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
12 || person or persons to whom unauthorized disclosures were made of all the terms of
13 || this Order, and (d) request such person or persons to execute the “Acknowledgment
14 || and Agreement to Be Bound” that is attached hereto as Exhibit A.
15 | 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
16 PROTECTED MATERIAL
17 When a Producing Party gives notice to Receiving Parties that certain
18 || inadvertently produced material is subject to a claim of privilege or other protection,
19 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
20 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
21 || may be established in an e-discovery order that provides for production without
22 || prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (ce), insofar
23 || as the parties reach an agreement on the effect of disclosure of a communication or
24 || information covered by the attorney-client privilege or work product protection, the
25 || parties may incorporate their agreement in the stipulated protective order submitted
26 || to the court.
27 || 12. MISCELLANEOUS
28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
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1 || person to seek its modification by the Court in the future.
2 12.2 Right to Assert Other Objections. By stipulating to the entry of this
3 || Protective Order, no Party waives any right it otherwise would have to object to
4 || disclosing or producing any information or item on any ground not addressed in this
5 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
6 || ground to use in evidence of any of the material covered by this Protective Order.
7 12.3 Filing Protected Material. A Party that seeks to file under seal any
8 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
9 |) may only be filed under seal pursuant to a court order authorizing the sealing of the
10 || specific Protected Material at issue. If a Party’s request to file Protected Material
11 |) under seal is denied by the court, then the Receiving Party may file the information
12 || in the public record unless otherwise instructed by the court.
© 13 13. FINAL DISPOSITION
14 After the final disposition of this Action, as defined in paragraph 4, within 60
15 || days of a written request by the Designating Party, each Receiving Party must
16 |) return all Protected Material to the Producing Party or destroy such material. As
17 || used in this subdivision, “all Protected Material” includes all copies, abstracts,
18 || compilations, summaries, and any other format reproducing or capturing any of the
19 |) Protected Material. Whether the Protected Material is returned or destroyed, the
20 || Receiving Party must submit a written certification to the Producing Party (and, if
21 || not the same person or entity, to the Designating Party) by the 60 day deadline that
22 || (1) identifies (by category, where appropriate) all the Protected Material that was
23 || returned or destroyed and (2) affirms that the Receiving Party has not retained any
24 || copies, abstracts, compilations, summaries or any other format reproducing or
25 || capturing any of the Protected Material. Notwithstanding this provision, Counsel
26 || are entitled to retain an archival copy of all pleadings, motion papers, trial,
27 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition
28 || and trial exhibits, expert reports, attorney work product, and consultant and expert
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1 || work product, even if such materials contain Protected Material. Any such archival
2 || copies that contain or constitute Protected Material remain subject to this Protective
3 || Order as set forth in Section 4 (DURATION).
4} 14. VIOLATION
5 Any violation of this Order may be punished by appropriate measures
6 || including, without limitation, contempt proceedings and/or monetary sanctions.
7
8 IT IS SO ORDERED. (by Mix k .
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g | DATED: 9/16/2021
Hon. ALEXANDER F. MacKINNON
10 United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 [print or type full
5 | address], declare under penalty of perjury that I have read in its entirety and
6 || understand the Stipulated Protective Order that was issued by the United States
7 || District Court for the Central District of California on [date] in the case of Nicole
8 || Duval v. Residence Inn By Marriott, LLC et al., Case No. 2:21-cv-04709-MWF-
9 || AFM. 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
14 || the provisions of this Order.
15 || I further agree to submit to the jurisdiction of the United States District Court for the
16 || Central District of California for the purpose of enforcing the terms of this Stipulated
17 || Protective Order, even if such enforcement proceedings occur after
18 |) termination of this action. I hereby appoint [print or type full
19 |) name] of [print or type
20 |) full address and telephone number] as my California agent for service of process in
21 || connection with this action or any proceedings related to enforcement of this
22 || Stipulated Protective Order.
23 || Date:
24 || City and State where sworn and signed:
*> | Printed Name:
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97 || Signature:
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10041964. Public record. Not legal advice.