Jane Doe v. Wyndham Hotels and Resorts

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 SOUTHERN DIVISION

11 JANE DOE (A.M.L.), Case No. 8:23-cv-01554-JVS- JDE

12 Plaintiff,

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vs. CONFIDENTIALITY

14 PROTECTIVE ORDER

WYNDHAM HOTELS AND RESORTS;

15 PATSIKO, INC.; SUNSTONE ANAHEIM

OWNER, LLC; DAYS INN

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WORLDWIDE, INC.; and WYNDHAM

17 HOTEL GROUP, LLC,

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Defendants.

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21 For good cause shown, the Court GRANTS Plaintiff’s Motion for Protective

22 Order (Dkt. 81) in part and finds and orders as follows.

23 1. PURPOSES AND LIMITATIONS

24 Discovery in this action is likely to involve the production of confidential,

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

26 and from use for any purpose other than pursuing this litigation may be warranted.

27 Accordingly, the Court to enters the following Protective Order. This Order does not

1 protection it affords from public disclosure and use extends only to the limited

2 information or items that are entitled to confidential treatment under the applicable

3 legal principles.

4 2. GOOD CAUSE STATEMENT

5 This action is likely to involve sensitive private information, valuable

6 commercial, and/or proprietary information for which special protection from public

7 disclosure and from use for any purpose other than prosecution of this action is

8 warranted. Such confidential and proprietary materials and information consist of,

9 among other things, confidential business or financial information, information

10 regarding confidential business practices, or other confidential commercial or personal

11 information (including information implicating privacy rights of third parties),

12 information otherwise generally unavailable to the public, or which may be privileged

13 or otherwise protected from disclosure under state or federal statutes, court rules, case

14 decisions, or common law. Accordingly, to expedite the flow of information, to

15 facilitate the prompt resolution of disputes over confidentiality of discovery materials,

16 to adequately protect information the parties are entitled to keep confidential, to ensure

17 that the parties are permitted reasonable necessary uses of such material in preparation

18 for and in the conduct of trial, to address their handling at the end of the litigation, and

19 serve the ends of justice, a protective order for such information is justified in this

20 matter. Material may not be designated as confidential for tactical reasons and that

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

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

23 the public record of this case.

24 3. UNDER SEAL FILING PROCEDURE

25 This Protective Order does not entitle anyone to file confidential information

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

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

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

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

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

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

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

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

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

8 respect to Protected Material (as defined below) that a party seeks to file under seal.

9 The parties’ mere designation of Disclosure or Discovery Material (as defined below)

10 does not—without the submission of competent evidence by declaration, establishing

11 that the material sought to be filed under seal qualifies as confidential, privileged, or

12 otherwise protectable—constitute good cause.

13 Further, if a party requests sealing related to a dispositive motion or trial, then

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

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

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

17 or type of information, document, or thing sought to be filed or introduced under seal,

18 the party seeking protection must articulate compelling reasons, supported by specific

19 facts and legal justification, for the requested sealing order. Again, competent evidence

20 supporting the application to file documents under seal must be provided by

21 declaration.

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

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

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

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

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

27 include an explanation of why redaction is not feasible.

1 4. DEFINITIONS

2 A. “Action” means Jane Doe (A.M.L.) v. WYNDHAM HOTELS AND

3 RESORTS, et al., Case No. 8:23-cv-01554, presently pending in the Central District of

4 California, Southern Division.

5 B. “Party” means any party named in this Action.

6 C. “Non-Party” means any natural person, partnership, corporation,

7 association, or other legal entity not named as a Party in this Action.

8 D. Challenging Party: a Party or Non-Party that challenges the designation

9 of information or items under this Order.

10 E. “Plaintiff’s Identity” means: (i) names and aliases used by Plaintiff at any

11 time; (ii) Plaintiff’s date of birth; (iii) Plaintiff’s social security number; (iv) Plaintiff’s

12 current and prior residential addresses; (v) Plaintiff’s current and prior phone numbers

13 and active and inactive social media or online user account names; (vi) Plaintiff’s

14 likeness; and (vii) the names of Plaintiff’s biological or adoptive parents, and biological

15 siblings. Any document containing Plaintiff’s Identity is subject to this Protective

16 Order unless the information constituting Plaintiff’s Identity is redacted from the

17 document.

18 F. “Confidential Information” means Discovery Material (regardless of how

19 it is generated, stored or maintained) or tangible things that contain: (i) sensitive

20 personal identifying or financial information, including but not limited to, dates of

21 birth, social security numbers, phone numbers, employment histories, or credit card

22 information; (ii) information that relates to a person’s business operations, processes,

23 trade secret or proprietary information, and/or technical and development information,

24 the disclosure of which is likely to harm that person’s competitive position; and (iii)

25 any material prohibited from disclosure by statute or Court Order but is nonetheless

26 discoverable. “Confidential Information” does not include “Plaintiff’s Identity” which

27 is separately addressed herein.

1 G. “Highly Confidential Information” means Discovery Material that a Party

2 reasonably believes in good faith constitutes, reflects, discloses, or contains any trade

3 secret or proprietary information that the Party has maintained as non-public and

4 confidential.

5 H. “Designating Party” means a Party or Non-Party that designates

6 information or items that it produces in disclosures or in responses to discovery and

7 marks as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”

8 I. “Discovery Material” means all items or information, regardless of the

9 medium or manner generated, stored, or maintained (including, among other things,

10 testimony, transcripts, or tangible things) that are produced, disclosed, or generated by

11 the Designating Party in response to a discovery request issued in this case.

12 J. “Outside Counsel” means attorneys who are not employees of a Party but

13 are retained to represent or advise a Party to the Action, and persons who are

14 employees, partners, or shareholders of a law firm that represents or has appeared on

15 behalf of a Party in this action.

16 K. “In-House Counsel” means Attorneys who are employees of a Party.

17 L. “Counsel” (without qualifier) means Outside Counsel and In-House

18 Counsel (as well as their support staffs).

19 M. “Final Disposition” means the later of (i) dismissal of all claims and

20 defenses in this Action, with or without prejudice; and (ii) final judgment herein after

21 the completion and exhaustion of all appeals, re-hearings, remands, trials, or reviews

22 of this action, including the time limits for filing any motions or applications for

23 extension of time pursuant to applicable law.

24 N. “Producing Party” means any Party or non-party that discloses or

25 produces any Discovery Material in this case.

26 O. “Protected Material” means any Discovery Material that is designated

27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” as provided for in this Order.

1 P. “Receiving Party” means any Party who receives Discovery Material from

2 a Producing Party

3 Q. “Expert” means a person with specialized knowledge or experience in a

4 matter pertinent to this lawsuit who has been retained by a Party or their Counsel to

5 serve as an expert witness or consultant in this Action.

6 R. “Professional Vendors” means persons or entities that provide litigation

7 support services (e.g., document and ESI processing, hosting, review and production,

8 photocopying, videotaping, translating, preparing exhibits or demonstrations, and

9 organizing, storing, or retrieving data in any form or medium) and their employees or

10 subcontractors.

11 5. REPRESENTATION, SCOPE AND DURATION

12 A. Plaintiff represents that she believes in good faith that the alleged

13 trafficker(s) and the traffickers’ associates present an ongoing threat to safety to

14 Plaintiff and her family members, and that the disclosure of Plaintiff’s Identity within

15 the context of this Action will increase that threat as well as the social stigma associated

16 with being a trafficking victim. Plaintiff further represents that she has taken steps to

17 prevent disclosure of Plaintiff’s Identity in conjunction with this Action, that she is

18 unaware of any public disclosure of Plaintiff’s Identity in conjunction with this Action,

19 and that she does not intend to publicly disclose her Identity in conjunction with this

20 Action, on social media or otherwise. If Defendants become aware of any public

21 disclosure of Plaintiff’s Identity in conjunction with this Action by Plaintiff or her

22 counsel, Defendants may apply to the Court for relief from the restrictions imposed in

23 this Protective Order related to nondisclosure of Plaintiff’s Identity.

24 B. The protections conferred by this Order cover not only Protected Material

25 but also (i) all copies, excerpts, summaries, or compilations of Discovery Material; and

26 (ii) any testimony, conversations, or presentations by Parties or their Counsel that

27 might reveal Discovery Material.

1 C. This Order does not confer blanket protections on all disclosures during

2 discovery, or in the course of making initial or supplemental disclosures under Rule

3 26(a) of the Federal Rules of Civil Procedure.

4 D. This Order is without prejudice to the right of any Party to seek further or

5 additional or less restrictive protection of any Discovery Material or to modify this

6 Order in any way, including, without limitation, an order that certain matter not be

7 produced at all.

8 E. To the extent a Designating Party provides Protected Material under the

9 terms of this Protective Order to the Receiving Party, the Receiving Party shall not

10 share that material with any non-party, absent express written permission from the

11 Designating Party, unless in conformance with this Protective Order.

12 F. Not later than ninety (90) days after the Final Disposition of this case,

13 each Party shall return all Protected Material to the Designating Party’s Counsel or

14 destroy such Protected Material, at the option of the Designating Party.

15 G. All Parties that have received any such Protected Material shall, upon

16 request by the Designating Party, certify in writing that all Protected Material has been

17 returned to the Designating Party’s Outside Counsel or destroyed. Notwithstanding the

18 provisions for return or destruction of Protected Material, Counsel may retain

19 pleadings, correspondence, and attorney or consultant work product containing or

20 appending Protected Material (but not document productions) for archival purposes.

21 Counsel may also retain any deposition of an expert witness or corporate witness for

22 the limited purpose of assisting in the recollection of past testimony and/or

23 impeachment of said witness.

24 H. Any use of Protected Material at trial shall be governed by the orders of

25 the trial judge and other applicable authorities. This Order does not govern the use of

26 Protected Material at trial.

27 I. Once a case proceeds to trial, information that was designated or

1 becomes public and will be presumptively available to all members of the public,

2 including the press, unless compelling reasons supported by specific factual findings

3 to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana,

4 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents

5 produced in discovery from “compelling reasons” standard when merits-related

6 documents are part of court record). Accordingly, the terms of this protective order do

7 not extend beyond the commencement of the trial.

8 6. USE AND DISCLOSURE

9 A. All information designated “CONFIDENTIAL” or “HIGHLY

10 CONFIDENTIAL” shall be used solely for the purposes of the above-captioned

11 litigation between the Parties. Nothing herein shall restrict the use of Protected Material

12 of the Producing Party by the Producing Party.

13 B. Access to a Designating Party’s information marked “CONFIDENTIAL”

14 shall be limited to, and only to, the following persons:

15 i. The Parties including the current employees, officers, and

16 representatives of the Parties as needed to litigate any claims or defenses.

17 ii. Former employees, officers, and representatives of the Parties who

18 execute the Acknowledgment and Agreement to Be Bound attached to this

19 Protective Order as Exhibit A;

20 iii. Current and former contractors of the Parties who execute the

21 Acknowledgment and Agreement to Be Bound attached to this Protective Order

22 as Exhibit A;

23 iv. Counsel for the Parties and employees, agents, and representatives

24 of counsel as needed to litigate any claims or defenses;

25 v. Adjusters and claims professionals of an insurer of a Party and

26 counsel for such insurer of a Party as needed to litigate any claims or defenses

27 who execute the Acknowledgment and Agreement to Be Bound attached to this

1 vi. The Court and Court personnel;

2 vii. Court reporters, recorders, and videographers engaged for

3 depositions;

4 viii. Any mediator appointed by the Court or jointly selected by the

5 Parties who executes the Acknowledgment and Agreement to Be Bound attached

6 to this Protective Order as Exhibit A;

7 ix. Any Expert, outside consultant, or investigator retained by Outside

8 Counsel of Record specifically in connection with this Action and who execute

9 the Acknowledgment & Agreement to Be Bound attached to this Protective

10 Order attached to this Protective Order as Exhibit A;

11 x. A person identified in the document marked “CONFIDENTIAL”

12 as an author, source, addressee, or recipient of the communication or document,

13 or who already has a copy of the document marked “CONFIDENTIAL”;

14 xi. Professional Vendors who execute the Acknowledgment &

15 Agreement to Be Bound attached to this Protective Order as Exhibit A;

16 xii. Government agencies and agency personnel, but only to the extent

17 that the disclosure of Confidential Information is necessary to litigate any claims

18 or defenses or to comply with any obligations or requirements;

19 xiii. In the course of a deposition, any Non-Party deponent and such

20 Non-Party deponent’s counsel may be shown Confidential Information if the

21 Non-Party deponent and the Non-Party deponent’s counsel first execute the

22 Acknowledgment & Agreement to Be Bound attached to this Protective Order

23 as Exhibit A, provided that any such Non-Party deponent and his or her counsel

24 may not retain any documents containing Confidential Information following the

25 deposition; and

26 xiv. Such other persons as hereafter may be designated by written

27 agreement in this Action or by order of the Court and who execute the

1 C. Access to a Designating Party’s information marked “HIGHLY

2 CONFIDENTIAL” shall be limited to, and only to, the following persons:

3 i. Employees, officers, and representatives of the Designating Party;

4 ii. Former employees, officers, and representatives of the Designating

5 Party who execute the Acknowledgment & Agreement to Be Bound attached to

6 this Protective Order as Exhibit A;

7 iii. Contractors and former contractors of the Designating Party who

8 execute the Acknowledgment & Agreement to Be Bound attached to this

9 Protective Order as Exhibit A;

10 iv. Employees and former employees of a Party operating with the

11 brand of a Designating Party who execute the Acknowledgment and Agreement

12 to Be Bound attached to this Protective Order as Exhibit A;

13 v. Outside Counsel for the Parties and employees, agents, and

14 representatives of Outside Counsel as needed to litigate any claims or defenses;

15 vi. The Court and Court personnel;

16 vii. Court reporters, recorders, and videographers engaged for

17 depositions;

18 viii. Any mediator appointed by the Court or jointly selected by the

19 Parties;

20 ix. Any Expert, outside consultant, or investigator retained by Outside

21 Counsel of Record specifically in connection with this Action and who have

22 signed the Acknowledgment & Agreement to be Bound attached to this

23 Protective Order as Exhibit A;

24 x. A person identified in the document marked “HIGHLY

25 CONFIDENTIAL” as an author, source, addressee, or recipient of the

26 communication or document, or who already has a copy of the document marked

27 “HIGHLY CONFIDENTIAL”;

1 xi. Professional Vendors who have signed the Acknowledgment &

2 Agreement to Be Bound attached to this Protective Order as Exhibit A; and

3 xii. Such other persons as hereafter may be designated by written

4 agreement in this Action or by order of the Court and who execute the

5 Acknowledgment & Agreement to Be Bound attached as Exhibit A.

6 D. Access to “PLAINTIFF’S IDENTITY” information shall be treated as

7 “Confidential Information” and limited to, and only to, the following:

8 i. The Parties including the current employees, officers, and

9 representatives of the Parties as a Party in good faith believes may be helpful or

10 informative in investigating or litigating any claims or defenses.

11 ii. Law enforcement agencies and agency personnel, but only to the

12 extent that a Party in good faith believes that the disclosure of Plaintiff’s Identity

13 may be helpful or informative in investigating or litigating any claims or

14 defenses or to comply with any Party’s discovery obligations or requirements.

15 To the extent that Discovery Materials are obtained, a copy shall be provided to

16 all Parties upon receipt so long as the Discovery Materials are responsive to a

17 proper and non-objectionable discovery request. Nothing herein shall be

18 construed as a waiver of any objections that a Party may have to discovery

19 requests or the production of Discovery Materials pursuant to this provision;

20 iii. Former employees, officers, and representatives of the Parties, who

21 counsel for a Party in good faith believes may have relevant information or may

22 be called to testify at trial or deposition in this action and who execute the

23 Acknowledgment and Agreement to Be Bound attached to this Protective Order

24 as Exhibit A;

25 iv. Current and former contractors of the Parties, who counsel for a

26 Party in good faith believes may have relevant information or may be called to

27 testify at trial or deposition in this action and who execute the Acknowledgment

1 v. Any potential, anticipated, or actual fact witness and their counsel,

2 who Counsel for a Party in good faith believes may possess discoverable

3 information (i.e., information which may lead to the discovery of admissible

4 information) related to Plaintiff’s claims and/or the Defendants’ defenses

5 thereto, provided that any such person may not retain any documents containing

6 Plaintiff’s Identity, and that Plaintiff’s family’s physical locations will never be

7 disclosed to any such person, Counsel for the Party presenting such information

8 to a fact witness and/or counsel must present and request such person to execute

9 the Acknowledgment and Agreement to Be Bound attached to this Protective

10 Order as Exhibit A, and if such person refuses to execute it, Counsel for the Party

11 presenting such information shall: (a) deliver a copy of this Order to such person;

12 (b) advise any such person that Plaintiff’s Identity is to be held confidential

13 pursuant to the Order; (c) advise such person that such person may not record or

14 reveal Plaintiff’s Identity to any other person without obtaining prior

15 authorization from this Court, with prior notice to all Parties herein and subject

16 to other provisions of this Order; and (d) keep a record of any persons to whom

17 counsel discloses Plaintiff’s Identity, with such record not being subject to

18 discovery, in whole or in part, without a further order of the Court;

19 vi. Counsel for the Parties, retained specifically for this action and

20 employees, agents, and representatives of counsel as needed to litigate any

21 claims or defenses;

22 vii. Adjusters and claims professionals of an insurer of a Party and

23 counsel for such insurer of a Party as needed to litigate any claims or defenses

24 and who execute the Acknowledgment and Agreement to Be Bound attached to

25 this Protective Order as Exhibit A;

26 viii. The Court and Court personnel;

27 ix. Court reporters, recorders, and videographers engaged for

1 x. Any custodian of records.

2 xi. Any mediator appointed by the Court or jointly selected by the

3 Parties who executes the Acknowledgment and Agreement to Be Bound attached

4 to this Protective Order as Exhibit A;

5 xii. Any Expert, outside consultant, or investigator retained by Outside

6 Counsel of Record specifically in connection with this Action and who have

7 signed the Acknowledgment & Agreement to Be Bound attached to this

8 Protective Order attached to this Protective Order as Exhibit A;

9 xiii. Professional Vendors and other independent providers of

10 documents production, electronic discovery, and other litigation services,

11 including focus groups, mock jurors, and jury consultants, who are retained or

12 employed by Outside Counsel of Record in connection with this Action and who

13 have signed the Acknowledgment & Agreement to Be Bound attached to this

14 Protective Order as Exhibit A;

15 xiv. Government agencies and agency personnel, but only to the extent

16 that a Party in good faith believes the disclosure of Confidential Information is

17 necessary to litigate any claims or defenses or to comply with any obligations or

18 requirements. To the extent that Discovery Materials are obtained, a copy shall

19 be provided to all Parties upon receipt so long as the Discovery Materials are

20 responsive to a proper and non-objectionable discovery request. Nothing herein

21 shall be construed as a waiver of any objections that a Party may have to

22 discovery requests or the production of Discovery Materials pursuant to this

23 provision;

24 xv. The Plaintiff’s street-level trafficker and/or the street-level

25 trafficker’s associates (as disclosed by Plaintiff pursuant to Section 9.B of this

26 Order or as otherwise known to the Defendants), but only after providing 7-day

27 notice to the Plaintiff of the intention to contact the trafficker or trafficker’s

1 be necessary. The Plaintiff’s Identity will be revealed to the trafficker and/or

2 associates only to the extent a Party believes such disclosure is likely to be

3 helpful or informative in investigating or litigating Plaintiff’s claims or defenses,

4 and any such person may not retain any documents, images or information

5 containing Plaintiff’s Identity. Plaintiff’s and Plaintiff’s family’s physical

6 location will never be disclosed to Plaintiff’s trafficker and/or the trafficker’s

7 associates; and

8 xvi. Such other persons as hereafter may be designated by written

9 agreement in this Action or by order of the Court and who execute the

10 Acknowledgment & Agreement to Be Bound attached as Exhibit A.

11 E. Plaintiff represents that, consistent with her privacy concerns, it is her

12 intent not to disclose her identity or image in relation to the status of this matter or the

13 underlying allegations on social media or with any media outlet while the case is

14 pending. The identity and image protections provided to Plaintiff in this Protective

15 Order will become inapplicable if Plaintiff does disclose her identity or image in

16 relation to the underlying allegations on social media or with any media outlet while

17 the case is pending;

18 F. Prior to any disclosure of “Plaintiff’s Identity” or any Discovery Material

19 marked “Confidential” or “Highly Confidential” to any person required by this Order

20 to execute the Acknowledgement & Agreement to Be Bound attached as Exhibit A,

21 such person shall be provided a copy of this Protective Order and shall sign the

22 Acknowledgement & Agreement to Be Bound, in the form annexed as Exhibit A hereto

23 stating that that person has read this Protective Order and agrees to be bound by its

24 terms. Counsel shall retain each signed Acknowledgement & Agreement to Be Bound,

25 and produce it to opposing counsel prior to such person being permitted to testify at

26 deposition or trial.

27 G. In the event that an attorney of record for a Party desires that Protected

1 shall confer in good faith and attempt to resolve the matter; if no agreement can be

2 reached, the matter shall be referred to the Court for resolution. If an agreement is

3 reached, or the Court decides that the document(s) or information shall be disclosed,

4 the person to whom disclosure is to be made shall execute an Acknowledgement.

5 7. DESIGNATING PROTECTED MATERIAL

6 A. Each Party or Non-Party that designates information or items for

7 protection under this Order must take care to limit any such designation to specific

8 material that qualifies under the appropriate standards. The Designating Party must

9 designate for protection only those parts of material, documents, items or oral or written

10 communications that qualify so that other portions of the material, documents, items or

11 communications for which protection is not warranted are not swept unjustifiably

12 within the ambit of this Order.

13 B. Mass, indiscriminate or routinized designations are prohibited.

14 Designations that are shown to be clearly unjustified or that have been made for an

15 improper purpose (e.g., to unnecessarily encumber the case development process or to

16 impose unnecessary expenses and burdens on other parties) may expose the

17 Designating Party to sanctions.

18 C. If it comes to a Designating Party’s attention that information or items that

19 it designated for protection do not qualify for protection, that Designating Party must

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

21 D. When producing Protected Material, the Producing Party shall clearly

22 mark every page of any such document prior to production as “CONFIDENTIAL,”

23 “HIGHLY CONFIDENTIAL,” as appropriate, or give other comparable notice. For

24 digital files being produced, the Producing Party may mark each viewable page or

25 image with the appropriate designation, and mark the medium, container, and/or

26 communication in which the digital files were contained.

27 E. All Protected Material not reduced to documentary, tangible or physical

1 shall be designated by the Producing Party in writing to the Receiving Party and the

2 designated information shall thereafter be treated in accordance with the terms of this

3 Order, by, for example, affixing a legend to the exterior of a container or in a file name.

4 F. In the event that a Producing Party fails to stamp or otherwise designate a

5 document or other information as confidential at the time of its production, that

6 Producing Party may do so thereafter on notice to all of the Receiving Parties; provided

7 however, that the Receiving Party shall not be liable for any disclosure or use of such

8 information that may have occurred prior to receiving notice of the confidential

9 designation. Upon receiving the Protected Material with the correct confidentiality

10 designation, the Receiving Party shall return or securely destroy, at the Designating

11 Party’s option, all Discovery Material that was not designated properly.

12 G. If at any time during the deposition of a Party’s or Non-Party's employee,

13 agent, or representative, information is sought that the Party or non-party considers to

14 be Protected Material, Counsel for the Party or Non- Party may interrupt the deposition

15 so as to ask persons to whom disclosure of Protected Material is not authorized pursuant

16 to this Order to leave the room. Aside from deponents, only persons to whom Protected

17 Material is authorized to be shown shall be permitted to attend confidential portions of

18 depositions involving Protected Material.

19 H. For testimony given in deposition or in a pre-trial hearing, the Parties may

20 agree on the record during the deposition or pre-trial hearing that testimony in that

21 proceeding will or will not be treated as Confidential Information or Highly

22 Confidential Information. If a Party requests on the record during a deposition or pre-

23 trial hearing that said testimony be provisionally treated as Confidential Information,

24 then said deposition or hearing testimony shall be treated as Confidential Information

25 until 30 days after the transcript is delivered by the court reporter to each Party’s

26 Outside Counsel of Record. Within the 30-day period following the court reporter’s

27 delivery of the transcript, any Party may serve a Notice of Designation to all other

1 Information or Highly Confidential Information. After the 30-day period, only those

2 portions identified in any Notice of Designation shall be protected by the terms of this

3 Protective Order. The Parties may agree to a reasonable extension of the 30-day period

4 for designation. Parties shall endeavor to give the other Parties notice if they reasonably

5 expect a deposition, hearing, or other proceeding to implicate Protected Material.

6 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

7 A. Any Party or Non-Party may challenge a designation of confidentiality at

8 any time that is consistent with the Court’s Scheduling Order.

9 B. A Receiving Party shall not be obligated to challenge the propriety of any

10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” designation by the Designating

11 Party of Discovery Material under this Order at the time the designation is made, and

12 a failure to do so shall not preclude a subsequent challenge thereto.

13 C. Any challenge to a designation of the Designating Party's Discovery

14 Material under this Order shall be written, shall be served on Counsel for the

15 Designating Party, shall particularly identify the documents or information that the

16 Receiving Party contends should be differently designated, and shall state the grounds

17 for the objection. The Challenging Party shall initiate the dispute resolution process

18 under Local Rule 37-1 et seq. Any challenge submitted to the Court shall be via a joint

19 stipulation pursuant to Local Rule 37-2. Notwithstanding any challenge to a

20 designation, the Protected Material in question shall continue to be treated as

21 designated under this Order until one of the following occurs: (a) the Designating Party

22 withdraws such designation in writing; or (b) the Court rules that the Discovery

23 Material in question is not entitled to the designation. In the event that a Designating

24 Party withdraws a confidentiality designation or the Court rules that the Discovery

25 Material in question is not entitled to the designation, the Designating Party shall

26 promptly reproduce the information in question with the appropriate confidentiality

27 designation, if any, as applicable.

1 9. REDACTION AND USE OF PLAINITFF’S IDENTITY

2 A. During the pre-trial proceedings in this litigation and in any public filing,

3 the Parties will either redact Plaintiff’s Identity or use the pseudonym “A.M.L.” in

4 place of Plaintiff’s Identity without prejudice as to Defendants seeking relief from such

5 protection. The Parties dispute whether the use of a pseudonym is appropriate at trial

6 (in documents or otherwise) and have agreed to revisit the issue at the time of trial.

7 B. Within three days upon the filing of this Order with the Court, Plaintiff

8 shall provide Defendants, through their Counsel, with (1) Plaintiff’s full name, maiden

9 name, alias names used at any time, including those used in connection with social

10 media, (2) date of birth, (3) the full name(s) of Plaintiff’s alleged trafficker(s), and

11 aliases used at any time, (“Trafficker’s Identity”) and any known associates of

12 Plaintiff’s trafficker(s). Any Party or Non-Party may challenge a designation of

13 confidentiality at any time that is consistent with the Court’s Scheduling Order.

14 C. Nothing in this Order shall prevent any party from seeking further

15 protections or modification of this Order for the trial or litigation of this action. Nothing

16 in this Order shall prevent a Party from requesting from Plaintiff during the course of

17 discovery any other information that is linked or linkable to the true identity of Plaintiff

18 or her trafficker(s) or her/their associates, such as, but not limited to, any medical,

19 educational, financial, employment, or other information. Relatedly, nothing in this

20 Order relieves Plaintiff of the obligation to produce any discoverable documents or

21 information that Plaintiff would otherwise be required to produce in the normal course

22 of discovery. The protections conferred by this Order do not cover information that is

23 in the public domain or becomes part of the public domain through trial or otherwise.

24 10. SUBPOENAS OR COURT RECORDS

25 A. If a Receiving Party receives a subpoena or other compulsory process

26 (e.g., court order) from any court or other arbitral, administrative, or legislative body

27 commanding the production of another Party’s Protected Material, the Party to whom

1 include a copy of the subpoena or court order) to the Designating Party and its Counsel

2 within seven (7) days to allow the Designating Party an opportunity to move for a

3 protective order regarding the production of Protected Materials implicated by the

4 subpoena or other compulsory process. Nothing in the Order authorizes any person to

5 disobey or ignore lawful process or an order from another court.

6 11. FILING PROTECTED MATERIAL AND MATERIAL CONTAINING

7 PLAINTIFF’S IDENTITY

8 A. The parties have agreed not to file or disclose in the public record any

9 Protected Material designated by another party without written permission from the

10 Designating Party or a court order secured after appropriate notice to all interested

11 persons.

12 B. Any Party is authorized to seek leave to file under seal with the Court any

13 brief, document, or materials that are designated as Protected Material or containing

14 Plaintiff’s Identity under this Order in accordance with the Local Rules.

15 12. INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER

16 A. In the event of a disclosure of any Discovery Material pursuant to this

17 Order to any person or persons not authorized to receive such disclosure under this

18 Protective Order, the Party responsible for having made such disclosure, and each Party

19 with knowledge thereof, shall immediately notify Counsel for the Designating Party

20 and provide to such Counsel all known relevant information concerning the nature and

21 circumstances of the disclosure. The responsible Disclosing Party shall also promptly

22 take all reasonable measures to retrieve the improperly disclosed Discovery Material

23 and to ensure that no further or greater unauthorized disclosure and/or use thereof is

24 made.

25 B. Unauthorized or inadvertent disclosure does not change the status of

26 Protected Material or waive the right to hold the disclosed document or information as

27 Confidential Information. or Highly Confidential Information.

1 13. INADVERTENT PRODUCTION OF SUBSEQUENTLY-CLAIMED

2 PRIVILEGED INFORMATION

3 A. The production of privileged or work-product protected Discovery

4 Material (“Disclosed Protected Information”) in this case, whether inadvertent or

5 otherwise, is not a waiver of the privilege or protection from discovery in this case or

6 in any other federal or state proceeding. This Protective Order shall be interpreted to

7 provide the maximum protection allowed by Fed. R. Evid. 502(d). Nothing contained

8 herein is intended to, or shall serve to limit a Party’s right to conduct a review of any

9 Discovery Material for relevance, responsiveness, or segregation of privileged or

10 protected information before production. Additionally, the inadvertent production of

11 Discovery Material without an appropriate designation of Confidential Information

12 shall not be deemed a waiver or acknowledgment as to the confidentiality of any

13 inadvertently produced document and any related material.

14 B. Upon discovery that a document has been produced that the Producing

15 Party believes to contain privileged and/or work product material, the Producing Party

16 must notify the Receiving Party within thirty (30) days of that discovery, in writing,

17 asserting the attorney-client privilege, work product protection, or other applicable

18 privilege or protection with respect to Disclosed Protected Information.

19 C. The Receiving Party must—unless it contests the claim of privilege or

20 protection in accordance with this Protective Order—within fourteen (14) days of

21 receipt of that writing and, to the extent applicable: (i) return, delete, or destroy all

22 copies of the Disclosed Protected Information; and (ii) provide a certification from

23 Outside Counsel of Record that all of the Disclosed Protected Information has been

24 returned or destroyed.

25 D. Disclosed Protected Information that is sought to be reclaimed by the

26 Parties to this case pursuant to this Protective Order shall not be used as grounds by

27 any third party to argue that any waiver of privilege or protection has occurred by virtue

1 14. MISCELLANEOUS

2 A. Modification. Nothing in this Order abridges the right of any Party to seek

3 its modification by the Court in the future. A Designating Party does not waive the

4 right to argue that certain Protected Material may require additional or different

5 confidentiality protections than those set forth herein. Furthermore, this Order is

6 subject to modification sua sponte by Court order.

7 B. Termination of Matter and Retention of Jurisdiction. This Protective

8 Order shall survive and remain in effect after the Final Determination of the above-

9 captioned matter. The Court shall retain jurisdiction after Final Determination of this

10 matter to hear and resolve any disputes arising out of this Protective Order.

11 C. Successors. This Order shall be binding upon the Parties, their Outside

12 Counsel, and their successors, executors, personal representatives, administrators,

13 heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, retained

14 consultants and experts, and any persons or organizations over which they have direct

15 control.

16 D. Right to Assert Other Objections. Designating Party does not waive any

17 right it otherwise would have in this action to claim that any Discovery Material, or

18 any portion thereof, is privileged or otherwise non-discoverable, or is not admissible

19 in evidence in this action or any other proceeding. Similarly, neither Party waives any

20 right to object on any grounds to the use in evidence of any Protected Material covered

21 by this Order.

22 E. Burdens of Proof. Notwithstanding anything to the contrary herein,

23 nothing in this Protective Order shall be construed to change the burdens of proof or

24 legal standards applicable in disputes regarding whether particular Discovery Material

25 is confidential, whether disclosure should be restricted, and if so, what restrictions

26 should apply.

27 F. Discovery Rules Remain Unchanged. Nothing herein shall alter or change

1 | Rules, or the Court's own orders. Identification of any individual pursuant to this

2 || Protective Order does not make that individual available for deposition or any other

3 || form of discovery outside of the restrictions and procedures of the Federal Rules of

4 | Civil Procedure, the Local Rules or the Court's own orders.

5 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

6 sf de

7 || Dated: February 20, 2025, 2025

OHN. D. EARLY

United States Magistrate Judge

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1 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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JANE DOE (A.M.L.), Case No. 8:23-cv-01554-JVS- JDE

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5 Plaintiff,

vs.

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7 WYNDHAM HOTELS AND RESORTS; EXHIBIT A TO PROTECTIVE

PATSIKO, INC.; SUNSTONE ANAHEIM ORDER - ACKNOWLEDGMENT

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OWNER, LLC; DAYS INN & AGREEMENT TO BE BOUND

9 WORLDWIDE, INC.; and WYNDHAM

HOTEL GROUP, LLC,

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1 11 2

Defendants.

13 I, ___________________________, declare that:

14 1. My title is ______________, and the name and address of my

15 present employer is ________________________________.

16 2. I have received the Protective Order in the above-captioned lawsuit.

17 3. I have carefully read and understand the provisions of the Protective

18 Order, agree to be bound by them, and specifically agree I will not use or disclose to

19 anyone any of the contents of any Confidential Information or Highly Confidential

20 Information received under the protection of the Protective Order in violation thereof.

21 4. I consent to the exercise of personal jurisdiction by the U.S. District Court

22 for the Central District of California, in connection with this Acknowledgment &

23 Agreement to be Bound, and my obligations under the Protective Order.

24 I declare under penalty of perjury that the facts stated above are true and correct.

25 Executed this ___day of ____20___in the State of .

26

27 By: (SIGNATURE)