Opinion

Hughes v. Apple, Inc.

Court: District Court, N.D. California
Filed: Apr 11, 2025
Cited by: 0 cases
Authority: More cited than 34.8%

The opinion

TIFFANY CHEUNG (CA SBN 211497) Gillian L. Wade, State Bar No. 229124

TCheung@mofo.com gwade@waykayslay.com

JULIE Y. PARK (CA SBN 259929) Sara D. Avila, State Bar No. 263213

JuliePark@mofo.com sara@waykayslay.com

CLAUDIA M. VETESI (CA SBN 233485) Collins Kilgore, State Bar No. 295084

CVetesi@mofo.com ckilgore@waykayslay.com

MELODY E. WONG (CA SBN 341494) Marc A. Castaneda, State Bar No. 299001

MelodyWong@mofo.com mcastaneda@waykayslay.com

MORRISON & FOERSTER LLP WADE KILPELA SLADE, LLP

425 Market Street 2450 Colorado Ave., Ste. 100E

San Francisco, California 94105-2482 Santa Monica, California 90404

Telephone: 415.268.7000 Tel: (310) 667-7273

Facsimile: 415.268.7522 Fax: (424) 276-0473

JOCELYN E. GREER (admitted pro hac vice)

JGreer@mofo.com Attorneys for Plaintiffs individually and

MORRISON & FOERSTER LLP on behalf of all others similarly situated

250 West 55th Street

New York, New York 10019-9601

Telephone: 212.468.8000

Facsimile: 212.468.7900

Attorneys for Defendant

APPLE INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LAUREN HUGHES, et al., on behalf of

themselves and all others similarly situated, Case No. 3:22-CV-07668-VC

Plaintiff, [PROPOSED] STIPULATED

PROTECTIVE ORDER REGARDING THE

v. DISCLOSURE AND USE OF DISCOVERY

APPLE INC., a California corporation, MATERIALS

Judge: Hon. Vince Chhabria

Defendant. Magistrate Judge: Hon. Thomas S. Hixson

1. PURPOSES AND LIMITATIONS

Plaintiffs and Defendant Apple Inc. (“Defendant,” and collectively with Plaintiffs, the

“Parties”) anticipate that disclosure and discovery activity in this action are likely to involve

production of confidential, proprietary, trade secret, commercially sensitive and/or private

information for which special protection from public disclosure and from use for any purpose other

than prosecuting this litigation may be warranted. Accordingly, the Parties hereby stipulate to and

petition the court to enter the following Stipulated Protective Order Regarding the Disclosure and

Use of Discovery Materials (“Protective Order” or “Order”). Pursuant to Paragraph 19 of the

Court’s Civil Standing Order, the proposed Order is based on the standard model order for the

Northern District.

The Parties acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords from public disclosure and

use extends only to the limited information or items that are entitled to confidential treatment under

the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

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

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

will be applied when a party seeks permission from the court to file material under seal. Protected

Material designated under the terms of this Protective Order shall be used solely by a Receiving

Party for this case as set forth in Section 8, and shall not be used directly or indirectly for any other

purpose whatsoever.

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.

2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

of Civil Procedure 26(c).

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “CONFIDENTIAL

- ATTORNEYS’ EYES ONLY.”

2.5 Disclosure or Discovery Material: all items or information, including from any

Non-Party, regardless of the medium or manner in which it is generated, stored, or maintained

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

generated in disclosures or responses to discovery in this matter.

2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to

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

consultant in this action and who is (a) not a current officer, director, or employee of a competitor

of a Party, nor anticipated at the time of retention to become an officer, director, or employee of a

competitor of a Party; and (b) not involved in competitive decision-making, as defined by U.S.

Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a competitor of a

Party.

2.7 House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.

2.8 Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.

2.9 Outside Counsel of Record: attorneys, and attorneys’ staff to whom it is reasonably

necessary to disclose the information for this litigation, who are not employees of a party to this

action but are retained to represent or advise a party to this action and have appeared in this action

on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

2.10 Party: any party to this action, including all of its officers, directors, employees,

consultants, retained Experts, and Outside Counsel of Record (and their support staffs). “Party,”

however, does not include any members of the putative class(es) other than the named plaintiffs

in this action (Lauren Hughes, Brittany Alowonle, Rita Araujo, Joel Biedleman, Cheriena Ben,

Lyris Brady, Gail Burke, Lisa Castle, Paola Dees, Carla Epps, Renata Fernandes, Desiree Freeman,

Frank Freeman, Tonya Harris, Roger Derick Hembd, Vincent Hopkins, Dorothy Horn, Hollye

Humphreys, Sofia Hussein, Jessica Johnson, Jamie Kacz, John Kirkman, Jesseca Lane, Cody

Lovins, Pamyla Luan, Marissa Maginnis, Anthony Montanaro, Kristen Morris, Erin Murrell, Aine

O’Neill, Clara Rintoul, Natalia Witherell Sametz, Laprecia Sanders, Karry Schuele, Jacqueline

Ward, Chelsea Williams and five plaintiffs identified as “Jane Doe”). Should additional pleadings

naming additional individuals as named plaintiffs be filed, such individually named plaintiffs will

also be included within the definition of “Party” for purposes of this Order.

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

2.12 Professional Vendors: persons or entities that provide litigation support services

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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

subcontractors.

2.13 Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as provided for in

this Order. Protected Material shall not include: (i) advertising materials that have been actually

published or publicly disseminated; and (ii) materials that show on their face they have been

disseminated to the public.

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a

Producing Party.

3. COMPUTATION OF TIME

The computation of any period of time prescribed or allowed by this Order shall be

governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6.

4. SCOPE

The protections conferred by this Order cover not only Protected Material (as defined

above), but also (1) any information copied or extracted from Protected Material; (2) all copies,

excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations,

or presentations by Parties or their Counsel in court or in other settings that might reveal Protected

Material. However, the protections conferred by this Order do not cover the following information:

(a) any information that is in the public domain at the time of disclosure to a Receiving Party or

becomes part of the public domain after its disclosure to a Receiving Party as a result of publication

not involving a violation of this Order, including becoming part of the public record through trial

or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or

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

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

Material at trial shall be governed by a separate agreement or order.

In addition, nothing in this Order shall (i) prevent or restrict a Producing Party’s own

disclosure or use of its own Protected Material for any purpose, and nothing in this Order shall

preclude any Party from showing Protected Material to an individual who prepared the Protected

Material; and (ii) be construed to prejudice any Party’s right to use any Protected Material in court

or in any court filing with the consent of the Producing Party or by order of the Court. This Order

is entered without prejudice to the right of any Party to seek further or additional protection of any

Discovery Material or to modify this Order in any way, including, without limitation, an order that

certain matter not be produced at all.

5. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

and defenses in this action, with or without prejudice; and (2) final judgment herein after the

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

including the time limits for filing any motions or applications for extension of time pursuant to

applicable law.

6. DESIGNATING PROTECTED MATERIAL

6.1 Available Designations. Any Producing Party may designate Discovery Material

with any of the following designations, provided that it meets the requirements for such

designations as provided for herein: “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’

EYES ONLY”

6.2 Exercise of Restraint and Care in Designating Material for Protection. Each Party

or Non-Party that designates information or items for protection under this Order must take care

to limit any such designation to specific material that qualifies under the appropriate standards.

The Designating Party must designate for protection only those parts of material, documents,

items, or oral or written communications that qualify – so that other portions of the material,

documents, items, or communications for which protection is not warranted are not swept

unjustifiably within the ambit of this Order.

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

shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

unnecessarily encumber or retard the case development process or to impose unnecessary expenses

and burdens on other parties) expose the Designating Party to sanctions.

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

for protection do not qualify for protection, that Designating Party must promptly notify all other

Parties that it is withdrawing the mistaken designation.

6.3 Manner and Timing of Designations. Except as otherwise provided in this Order

(see, e.g., second paragraph of section 6.3(a) below), or as otherwise stipulated or ordered,

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

designated before the material is disclosed or produced.

Designation in conformity with this Order requires:

(a) For information in documentary form (e.g., paper or electronic documents,

but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” to each page that contains protected material.

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

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

it would like copied and produced. During the inspection and before the designation, all of the

material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting

Party has identified the documents it wants copied and produced, the Producing Party must

determine which documents, or portions thereof, qualify for protection under this Order. Then,

before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL”

legend to each page that contains Protected Material. If only a portion or portions of the material

on a page qualifies for protection, the Producing Party also must clearly identify the protected

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

(b) for native files: Where electronic files and documents are produced in native

electronic format, such electronic files and documents shall be designated for protection under this

Order by appending to the file names or designators information indicating whether the file

contains “CONFIDENTIAL” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material, or

shall use any other reasonable method for so designating Protected Materials produced in

electronic format. When electronic files or documents are printed for use at deposition or in a court

proceeding, the party printing the electronic files or documents shall affix a legend to the printed

document corresponding to the designation of the Designating Party and including the production

number and designation associated with the native file. If a Party uses at a deposition a .tiff, .pdf,

or other image format version of a native document, that Party shall, upon request, provide a copy

of the native file to counsel for the witness and all Parties in attendance who are entitled to review

the document pursuant to this Protective Order.

the Designating Party identify on the record at the time the testimony is given or by sending written

notice of how portions of the transcript of the testimony is designated within thirty (30) days of

receipt of the transcript of the testimony. If no indication on the record is made, all information

disclosed during a deposition shall be deemed “CONFIDENTIAL– ATTORNEYS’ EYES

ONLY” until the time within which it may be appropriately designated as provided for herein has

passed. Any Party that wishes to disclose the transcript, or information contained therein, may

provide written notice of its intent to treat the transcript as non-confidential, after which time, any

Party that wants to maintain any portion of the transcript as confidential must designate the

confidential portions within fourteen (14) days, or else the transcript may be treated as non-

confidential. Any Protected Material that is used in the taking of a deposition shall remain subject

to the provisions of this Protective Order, along with the transcript pages of the deposition testimony

dealing with such Protected Material. In such cases the court reporter shall be informed of this

Protective Order and shall be required to operate in a manner consistent with this Protective Order.

In the event the deposition is videotaped, the original and all copies of the videotape shall be

marked by the video technician to indicate that the contents of the videotape are subject to this

Protective Order, substantially along the lines of “This videotape contains confidential testimony

used in this case and is not to be viewed or the contents thereof to be displayed or revealed

except pursuant to the terms of the operative Protective Order in this matter or pursuant to

written stipulation of the parties.” Counsel for any Producing Party shall have the right to

exclude from oral depositions, other than the deponent, deponent’s counsel, the reporter and

videographer (if any), any person who is not authorized by this Protective Order to receive or

access Protected Material based on the designation of such Protected Material. Such right of

exclusion shall be applicable only during periods of examination or testimony regarding such

Protected Material.

(d) for information produced in some form other than documentary and for any

other tangible items, that the Producing Party affix in a prominent place on the exterior of the

container or containers in which the information or item is stored the legend “CONFIDENTIAL”

or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” If only a portion or portions of the

information or item warrant protection, the Producing Party, to the extent practicable, shall identify

the protected portion(s).

6.4 Inadvertent Failures to Designate.

(a) The inadvertent failure by a Producing Party to designate Discovery

Material as Protected Material with one of the designations provided for under this Order shall not

waive any such designation provided that the Producing Party notifies all Receiving Parties that

such Discovery Material is protected under one of the categories of this Order within thirty (30)

days of the Producing Party learning of the inadvertent failure to designate. The Producing Party

shall reproduce the Protected Material with the correct confidentiality designation within seven (7)

days upon its notification to the Receiving Parties. Upon receiving the Protected Material with the

correct confidentiality designation, the Receiving Parties shall return or securely destroy all

Discovery Material that was not designated properly.

(b) A Receiving Party shall not be in breach of this Order for any use of such

Discovery Material before the Receiving Party receives such notice that such Discovery Material

is protected under one of the categories of this Order, unless an objectively reasonable person

would have realized that the Discovery Material should have been appropriately designated with

a confidentiality designation under this Order. Once a Receiving Party has received notification of

the correct confidentiality designation for the Protected Material with the correct confidentiality

designation, the Receiving Party shall treat such Discovery Material (subject to the exception in

Paragraph 17(c) below) at the appropriately designated level pursuant to the terms of this Order.

7. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – ATTORNEYS’

EYES ONLY”

7.1 A Producing Party may designate Discovery Material as “CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely confidential

and/or sensitive in nature and the Producing Party reasonably believes that the disclosure of such

Discovery Material is likely to cause economic harm or significant competitive disadvantage to

the Producing Party. The Parties agree that the following information, if non-public, shall be

presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: trade

secrets, pricing information, financial data, sales information, sales or marketing forecasts or plans,

business plans, sales or marketing strategy, product development information, engineering

documents, testing documents, employee information, other non-public information of similar

competitive and business sensitivity, and health treatment records, including but not limited to

protected health information.

7.2 Unless otherwise ordered by the Court, Discovery Material designated as

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:

(a) The Receiving Party’s Outside Counsel, provided that such Outside

Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United States,

730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party, and such

Outside Counsel’s immediate paralegals and staff, and any copying or clerical litigation support

services working at the direction of such counsel, paralegals, and staff;

(b) Any outside expert or consultant retained by the Receiving Party to assist

in this action, provided that disclosure is only to the extent necessary to perform such work; and

provided that: (a) such expert or consultant has agreed to be bound by the provisions of the

Protective Order by signing a copy of Exhibit A-1; (b) such expert or consultant is not a current

officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at the time

of retention to become an officer, director, or employee of a Party or of a competitor of a Party;

Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a

competitor of a Party; and (d) such expert or consultant accesses the materials in the United States

only, and does not transport them to or access them from any foreign jurisdiction;

testimony taken in this action;

(d) The Court, jury, and court personnel;

(e) Graphics, translation, design, and/or trial consulting personnel, having first

agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A;

(f) Any mediator who is assigned to hear this matter, and his or her staff,

subject to their agreement to maintain confidentiality to the same degree as required by this

Protective Order; and

(g) Any other person with the prior written consent of the Producing Party, who

has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A.

8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

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

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

challenge a confidentiality designation by electing not to mount a challenge promptly after the

original designation is disclosed.

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

by providing written notice of each designation it is challenging and describing the basis for each

challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

recite that the challenge to confidentiality is being made in accordance with this specific paragraph

of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must

begin the process by conferring directly (in voice to voice dialogue; other forms of communication

are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging

Party must explain with particularity the basis for its belief that the confidentiality designation was

not proper and must give the Designating Party an opportunity to review the designated material,

to reconsider the circumstances, and, if no change in designation is offered, to explain the basis

for the chosen designation with particularity. A Challenging Party may proceed to the next stage

of the challenge process only if it has engaged in this meet and confer process first or establishes

that the Designating Party is unwilling to participate in the meet and confer process in a timely

manner.

8.3 Judicial Intervention. If the Parties cannot resolve a challenge without court

intervention, the Designating Party shall file and serve a motion to retain confidentiality under

Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days

of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer

process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied

by a competent declaration affirming that the movant has complied with the meet and confer

requirements imposed in the preceding paragraph. Failure by the Designating Party to make such

a motion including the required declaration within 21 days (or 14 days, if applicable) shall

automatically waive the confidentiality designation for each challenged designation. In addition,

the Challenging Party may file a motion challenging a confidentiality designation at any time if

there is good cause for doing so, including a challenge to the designation of a deposition transcript

or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a

competent declaration affirming that the movant has complied with the meet and confer

requirements imposed by the preceding paragraph.

The burden of persuasion in any such challenge proceeding shall be on the Designating

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

file a motion to retain confidentiality as described above, all parties shall continue to afford the

material in question the level of protection to which it is entitled under the Producing Party’s

designation until the court rules on the challenge or the challenge is withdrawn in writing.

9. ACCESS TO AND USE OF PROTECTED MATERIAL

9.1 (a) Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a Non-Party in connection with this case only for

prosecuting, defending, or attempting to settle this litigation or any related appellate proceeding.

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

conditions described in this Order. When the litigation has been terminated, a Receiving Party

must comply with the provisions of section 16 below (FINAL DISPOSITION).

(b) Secure Storage, No Export. Protected Material must be stored and

maintained by a Receiving Party at a location in the United States and in a secure manner that

reasonably ensures that access is limited to the persons authorized under this Order. Nothing in

Paragraph 9(b) shall preclude parties bound by this Protected Order from accessing Protected

Material remotely.

shall be construed to prevent counsel from advising their clients with respect to this case based in

whole or in part upon Protected Materials, provided counsel does not disclose the Protected

Material itself except as provided in this Order.

(d) Limitations. Nothing in this Order shall restrict in any way a Producing

Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict in any

way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become

publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by or known

to the Receiving Party independent of the Producing Party; (iii) previously produced, disclosed

and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation

of confidentiality and not by inadvertence or mistake; (iv) with the consent of the Producing Party;

or (v) pursuant to order of the Court.

9.2 Disclosure of “CONFIDENTIAL” Information or Items. A Producing Party may

designate Discovery Material as “CONFIDENTIAL” if it contains or reflects confidential,

proprietary, and/or commercially sensitive information, including but not limited to trade secrets,

pricing information, financial data, sales information, sales or marketing forecasts, business plans,

sales or marketing strategy, product development information, engineering documents, testing

documents, employee information, other non-public information of similar competitive and

business sensitivity, and health treatment records, including but not limited to protected health

information.

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

Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to:

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

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

Bound” that is attached hereto as Exhibit A;

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

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed

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

is reasonably necessary for this litigation and who have signed the Expert/Consultant

Acknowledge of Confidentiality and Agreement to be Bound by Protective Order,” attached as

Exhibit A-1”;

(d) the court and its personnel;

(e) court reporters and their staff, professional jury or trial consultants, mock

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and

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

(f) during their depositions, witnesses in the action to whom disclosure is

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

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

separately bound by the court reporter and may not be disclosed to anyone except as permitted

under this Protective Order.

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

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

(h) any mediator who is assigned to hear this matter, and his or her staff, subject

to their agreement to maintain confidentiality to the same degree as required by this Protective

Order; and

(i) any other person with the prior written consent of the Producing Party.

(j) Before any “CONFIDENTIAL” information, or substance or summary

thereof, shall be disclosed to an Expert, the Expert shall sign and abide by the terms of the

“Expert/Consultant Acknowledge of Confidentiality and Agreement to be Bound by Protective

Order,” attached as Exhibit A-1, the terms of which are incorporated herein. An Expert may make

an application to the Court with advance notice and based upon a showing of good cause for

modification of, or relief from, the obligations of Expert/Consultant Acknowledgment of

Confidentiality and Agreement to Be Bound by Protective Order (Exhibit A-1) prior to the review

of any “CONFIDENTIAL” information.

9.3 Discovery from Experts. Absent good cause, drafts of reports of testifying experts,

and reports and other written materials, including drafts, or consulting experts, shall not be

discoverable. Reports and materials exempt from discovery under this Paragraph shall be treated

as attorney work product for the purpose of this case and Protective Order. Nothing in Paragraph

9.3 shall alter the applicable standards governing disclosure under Federal Rule of Civil Procedure

26(b).

10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

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

compels disclosure of any information or items designated in this action as “CONFIDENTIAL”

or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” that Party must:

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

include a copy of the subpoena or court order;

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

issue in the other litigation that some or all of the material covered by the subpoena or order is

subject to this Protective Order. Such notification shall include a copy of this Protective Order;

and

the Designating Party whose Protected Material may be affected.

10.2 s

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

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

“CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a

determination by the court from which the subpoena or order issued, unless the Party has obtained

the Designating Party’s permission. The Designating Party shall bear the burden and expense of

seeking protection in that court of its confidential material – and nothing in these provisions should

be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful

directive from another court.

11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

LITIGATION

11.1 The terms of this Order are applicable to information produced by a Non-Party in

this action and designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES

ONLY.” Such information produced by Non-Parties in connection with this litigation is protected

by the remedies and relief provided by this Order. Nothing in these provisions should be construed

as prohibiting a Non-Party from seeking additional protections.

11.2 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:

(a) 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;

(b) promptly provide the Non-Party with a copy of the Protective Order in this

litigation, the relevant discovery request(s), and a reasonably specific description of the

information requested; and

11.3 If the Non-Party fails to object or 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 order, the Receiving Party shall not produce any information in its possession

or control that is subject to the confidentiality agreement with the Non-Party before a

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

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

12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

Protected Material to any person or in any circumstance not authorized under this Protective Order,

the Receiving Party must immediately (a) notify in writing the Designating Party of the

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected

Material and to ensure that no further or greater unauthorized disclosure and/or use thereof is made,

this Order, and (d) request such person or persons to execute the “Acknowledgment and

Agreement to Be Bound” that is attached hereto as Exhibit A.

12.2 Unauthorized or inadvertent disclosure does not change the status of Discovery

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

13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

MATERIAL

13.1 Pursuant to Federal Rule of Evidence 502(d) and (e), the inadvertent production by

a Party of Discovery Material subject to the attorney-client privilege, work product doctrine, or

any other applicable privilege or protection, despite the Producing Party's reasonable efforts to

pre-screen such Discovery Material prior to production, will not waive the applicable privilege

and/or protection in this case or in any other federal or state proceeding. For example, the mere

production of a privileged or work product protected document in this case as part of a production

is not itself a waiver. Nothing in this Order shall be interpreted to require disclosure of irrelevant

information or relevant information protected by the attorney-client privilege, work product

doctrine, or any other applicable privilege or immunity. The Parties do not waive any objections

as to the production, discoverability, admissibility, or confidentiality of documents and

electronically stored information. Moreover, nothing in this Order shall be interpreted to require

disclosure of information subject to privacy protections as set forth in law or regulation, including

information that may need to be produced from outside of the United States and/or may be subject

to foreign laws.

13.2 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). The Receiving

Parties must promptly return, sequester, or destroy the specified information and any copies it has;

must not use or disclose the information until the claim is resolved; must take reasonable steps to

retrieve the information if the Receiving Party disclosed it before being notified; and may promptly

present the information to the court under seal for a determination of the claim. The Producing

Party must preserve the information until the claim is resolved.

13.3 Nothing herein shall prevent the Receiving Party from preparing a record for its

own use containing the date, author, addresses, and topic of the inadvertently produced Discovery

Material and such other information as is reasonably necessary to identify the Discovery Material

and describe its nature to the Court in any motion to compel production of the Discovery Material.

14. DATA SECURITY

14.1 Receiving Party shall implement or maintain reasonable data security practices and

policies to safeguard Protected Materials and minimize the risk of unauthorized access, including

reasonable and appropriate administrative, physical, and technical safeguards, and network

security and encryption technologies governed by written policies and procedures, which shall

comply with best practices and industry standards. The Parties shall implement multi-factor

authentication1 for any access to Protected Materials and implement encryption of all Protected

Materials in transit outside of network(s) covered by the Party’s data security practices and policies

(and at rest, where reasonably practical).

1 Multi-factor authentication is “[a]uthentication using two or more factors to achieve authentication. Factors are (i)

something you know (e.g., password/personal identification number); (ii) something you have (e.g., cryptographic

identification device, token); and (iii) something you are (e.g., biometric).” National Institute of Standards and

Technology (NIST), Special Publication SP 1800-12, Appendix B at 63, available at

https://nvlpubs.nist.gov/nistpubs/SpecialPublications/ NIST.SP.1800-12.pdf; see also NIST, Special Publication

800-53, at 132, available at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf.

14.2 If Receiving Party becomes aware of any unauthorized access, use, or disclosure of

Protected Materials or devices containing Protected Materials (“Data Breach”), Receiving Party

shall promptly, and in no case later than five (5) days after learning of the Data Breach, and to the

extent permitted by law enforcement, notify Producing Party in writing and fully cooperate with

Producing Party as may be reasonably necessary to (a) determine the source, extent, or

methodology of such Data Breach, and/or (b) to recover or to protect Protected Materials.

Receiving Party further agrees to reasonably cooperate with Producing Party, as may be necessary

for Producing Party to fulfill any notice obligations Producing Party may owe to non-parties in

connection with Protected Materials. For the avoidance of doubt, notification obligations under

this Section arise when the Receiving Party both (a) learns of a Data Breach, and (b) learns that

any of the Producing Party’s Protected Materials are potentially subject to the Data Breach. The

notification obligations set forth in this Section do not run from the time the Data Breach itself.

14.3 Receiving Party shall promptly comply with Producing Party’s reasonable

request(s) that Receiving Party investigate, remediate, and mitigate the effects of a Data Breach

and any potential recurrence and take all reasonable steps to terminate and prevent unauthorized

access. For the avoidance of doubt, nothing in this Section is intended to create a waiver of any

applicable privileges, including privileges applicable to a Party’s investigation and remediation of

a Data Breach.

14.4 If Receiving Party is aware of a Data Breach, the Parties shall meet and confer in

good faith regarding any adjustments that should be made to the discovery process and discovery

schedule in this action, potentially including but not limited to (1) additional security measures to

protect Discovery Material; (2) a stay or extension of discovery pending investigation of a Data

Breach and/or implementation of additional security measures; and (3) a sworn assurance that

Discovery Materials will be handled in the future only by entities not impacted by the Data Breach.

Further, the Receiving Party shall submit to reasonable discovery concerning the Data Breach.

14.5 Receiving Party shall comply with this Section and any applicable security, privacy,

data protection, or breach notification laws, rules, regulations, or directives (“Applicable Data

Law”). If Receiving Party is uncertain whether a particular practice would conform with the

requirements of this Section, it may meet and confer with the other Parties; if any Party believes

that the proposed practice would violate this Protective Order, it may, within 10 business days,

bring the dispute to the Court. The Party challenging the proposed practice would bear the burden

of demonstrating a violation.

15. MISCELLANEOUS

15.1 Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the court in the future. By stipulating to this Order, the Parties do not

waive the right to argue that certain material may require additional or different confidentiality

protections than those set forth herein.

15.2 Termination of Matter and Retention of Jurisdiction. The Parties agree that the

terms of this Protective Order shall survive and remain in effect after the Final Determination of

the above-captioned matter. The Court shall retain jurisdiction after Final Determination of this

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

15.3 Right to Assert Other Objections. By stipulating to the entry of this Protective

Order, no Party waives any right it otherwise would have to object to disclosing or producing any

information or item on any ground not addressed in this Protective Order. Similarly, no Party

waives any right to object on any ground to use in evidence of any of the material covered by this

Protective Order.

15.4 Filing Protected Material. Without written permission from the Designating Party

or a court order secured after appropriate notice to all interested persons, a Receiving Party may

not file in the public record in this action any Protected Material. A Party that seeks to file under

seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only

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

Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request

establishing that the Protected Material at issue is privileged, protectable as a trade secret, or

otherwise entitled to protection under the law. If a Receiving Party's request to file Protected

Material under seal pursuant to Civil Local Rule 79-5 is denied by the court, then the Receiving

Party may file the information in the public record pursuant to Civil Local Rule 79-5 unless

otherwise instructed by the court.

16. FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in paragraph 4, each

Receiving Party must return all Protected Material to the Producing Party or destroy such material.

For purposes of this Order, “Final Disposition” occurs after an order, mandate, or dismissal finally

terminating the above-captioned action with prejudice, including all appeals. As used in this

subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and

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

Material is returned or destroyed, the Receiving Party must submit a written certification to the

Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day

deadline that affirms that all the Protected Material that was returned to the Producing Party or

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

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

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

and expert work product (but not document production), even if such materials contain Protected

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

this Protective Order as set forth in Section 5 (DURATION).

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: April 11, 2025

WADE KILPELA SLADE, LLP

/s/ Collins Kilgore

Gillian L. Wade

David Slade

Sara D. Avila

Collins Kilgore

Attorneys for Plaintiffs Lauren Hughes et al.

MORRISON & FOERSTER LLP

/s/ Tiffany Cheung

Tiffany Cheung

Julie Y. Park

Claudia M. Vetesi

Jocelyn E. Greer

Attorneys for Defendant Apple Inc.

ECF ATTESTATION

I, TIFFANY CHEUNG, the ECF User whose ID and password are being used to file this

STIPULATED PROTECTIVE ORDER, in compliance with Civil Local Rule 5-1(1)(3), hereby

attest that counsel for Plaintiffs has concurred in this filing.

Dated: April 11, 2025 TIFFANY CHEUNG

MORRISON & FOERSTER LLP

By: /s/ Tiffany Cheung

Tiffany Cheung

Attorneys for Defendant

APPLE INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: April 11, 2025 TAN - | □□ f-

Honorable Thomas S. Hixson

United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

CASE NO. 3:22-CV-07668-VC

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of _________________ [print or

type full address], acknowledge and declare under penalty of perjury that I have read in its entirety

and understand the Protective Order that was issued by the United States District Court for the

Northern District of California on [date] in the case of Hughes v. Apple Inc., No. 3:22-cv-07668-VC.

I agree to comply with and to be bound by all the terms of this Protective Order and I understand and

acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of

contempt. I solemnly promise that I will not disclose in any manner any information or item that is

subject to this Protective Order to any person or entity except in strict compliance with the provisions

of this Order.

I further consent to the jurisdiction of the United States District Court for the Northern District of

California for the purpose of enforcing the terms of this Protective Order, even if such enforcement

proceedings occur after termination of this action.

I hereby appoint __________________________ [print or type full name] of

_______________________________________ [print or type full address and telephone number]

as my California agent for service of process in connection with this action or any proceedings related

to enforcement of this Stipulated Protective Order.

Name of individual:

Present occupation/job description:

Name of Company or Firm:

Address:

Date: ______________________________________

City and State where sworn and signed: _________________________________

Printed name: ___________________ Signature: ___________________________

EXHIBIT A-1

EXPERT/CONSULTANT ACKNOWLEDGEMENT OF CONFIDENTIALITY AND

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I, _________________________, declare:

1. I reside at _____________________________________________

2. I have read the Protective Order Regarding The Disclosure and Use of Discovery

Material (“Order”) in Hughes, et al. v. Apple Inc., Civil Action No. 3:22-cv-07668-VC, pending

in the Northern District of California.

3. I am familiar with the contents of the Order and agree to comply and be bound by

the provisions thereof.

4. I will not divulge to persons other than those specifically authorized by the Order,

and will not copy or use except solely for the purposes of this litigation and only as expressly

permitted by the terms of the Order, any Confidential information obtained pursuant to the Order.

5. By signing below, I hereby agree to submit to the jurisdiction of the United States

District Court for the Northern District of California for resolving any and all disputes regarding

the Order and this Acknowledgment of Confidentiality. I further agree that any and all disputes

regarding the Order and this Acknowledgment of Confidentiality shall be governed by the laws of

the State of California, and that the district court for the Northern District of California shall be

the sole and exclusive venue for resolving any disputes arising from the Order and this

Acknowledgment of Confidentiality.

6. By signing below, I hereby confirm that I am not currently and do not currently

anticipate becoming an officer, director, or employee of, providing any form of consulting services

to, or becoming involved in any competitive decision-making on behalf of any competitor of any

Party with respect to the subject matter of this suit (including any product or design specifications).

I further agree that: (1) during the pendency of these proceedings I shall not accept any position as

an employee, officer, or director of any competitor of any Party in a position that would foreseeably

result in an improper use of the Producing Party’s “CONFIDENTIAL” or “CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” information (e.g., working for a competing producer of tracking

devices on products that compete with AirTag); and (2) I shall not at any time, either during the

pendency of these proceedings or after conclusion of these proceedings, use or divulge any of the

Confidential information made available to me pursuant to the Order except solely for the purposes

of this litigation.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed on______________________________ at ___________________

__________________________________

Name:

Address:

Exhibit A

(Redline & Explanatory Comments)

1 TIFFANY CHEUNG (CA SBN 211497) Gillian L. Wade, State Bar No. 229124

TCheung@mofo.com gwade@waykayslay.com

2 JULIE Y. PARK (CA SBN 259929) Sara D. Avila, State Bar No. 263213

JuliePark@mofo.com sara@waykayslay.com

3 CLAUDIA M. VETESI (CA SBN 233485) Collins Kilgore, State Bar No. 295084

CVetesi@mofo.com ckilgore@waykayslay.com

4 MELODY E. WONG (CA SBN 341494) Marc A. Castaneda, State Bar No. 299001

MelodyWong@mofo.com mcastaneda@waykayslay.com

5 MORRISON & FOERSTER LLP WADE KILPELA SLADE, LLP

425 Market Street 2450 Colorado Ave., Ste. 100E

6 San Francisco, California 94105-2482 Santa Monica, California 90404

Telephone: 415.268.7000 Tel: (310) 667-7273

7 Facsimile: 415.268.7522 Fax: (424) 276-0473

8 JOCELYN E. GREER (admitted pro hac vice)

JGreer@mofo.com Attorneys for Plaintiffs individually and

9 MORRISON & FOERSTER LLP on behalf of all others similarly situated

250 West 55th Street

10 New York, New York 10019-9601

Telephone: 212.468.8000

11 Facsimile: 212.468.7900

12 Attorneys for Defendant

APPLE INC.

15 UNITED STATES DISTRICT COURT

16 NORTHERN DISTRICT OF CALIFORNIA

18 LAUREN HUGHES, et al., on behalf of Case No. 3:22-CV-07668-VC

themselves and all others similarly situated,

19 MODEL [PROPOSED] STIPULATED

Plaintiff, PROTECTIVE ORDER

20 (for standard litigation)REGARDING THE

v. DISCLOSURE AND USE OF DISCOVERY

21 MATERIALS

APPLE INC., a California corporation,

22 Judge: Hon. Vince Chhabria

Magistrate Judge: Hon. Thomas S. Hixson

23 Defendant.

1. 1. PURPOSES AND LIMITATIONS

DisclosurePlaintiffs and Defendant Apple Inc. (“Defendant,” and collectively with

Plaintiffs, the “Parties”) anticipate that disclosure and discovery activity in this action are likely to

28 STIPULATED PROTECTIVE ORDER

CASE NO. 3:22-CV-07668-VC

1 involve production of confidential, proprietary, trade secret, commercially sensitive and/or private

2 information for which special protection from public disclosure and from use for any purpose other

3 than prosecuting this litigation may be warranted. Accordingly, the partiesParties hereby stipulate

4 to and petition the court to enter the following Stipulated Protective Order. Regarding the

5 Disclosure and Use of Discovery Materials (“Protective Order” or “Order”). Pursuant to Paragraph

6 19 of the Court’s Civil Standing Order, the proposed Order is based on the standard model order

7 for the Northern District; attached hereto as Exhibit A is a redline indicating where this Order

8 deviates from the Northern District’s model order.

9 The partiesParties acknowledge that this Order does not confer blanket protections on all

10 disclosures or responses to discovery and that the protection it affords from public disclosure and

11 use extends only to the limited information or items that are entitled to confidential treatment under

12 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below,

13 that this Stipulated Protective Order does not entitle them to file confidential information under

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

15 will be applied when a party seeks permission from the court to file material under seal. Protected

16 Material designated under the terms of this Protective Order shall be used solely by a Receiving

17 Party for this case as set forth in Section 8, and shall not be used directly or indirectly for any other

18 purpose whatsoever.

2. 2. DEFINITIONS

20 2.1 2.1 Challenging Party: a Party or Non-Party that challenges the designation of

21 information or items under this Order.

22 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is

23 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule

24 of Civil Procedure 26(c).

25 2.3 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel

26 (as well as their support staff).

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 2.4 2.4 Designating Party: a Party or Non-Party that designates information or

2 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” or

3 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”

4 2.5 2.5 Disclosure or Discovery Material: all items or information, including from

5 any Non-Party, regardless of the medium or manner in which it is generated, stored, or maintained

6 (including, among other things, testimony, transcripts, and tangible things), that are produced or

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

8 2.6 2.6 Expert: a person with specialized knowledge or experience in a matter

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

10 witness or as a consultant in this action. and who is (a) not a current officer, director, or employee

11 of a competitor of a Party, nor anticipated at the time of retention to become an officer, director,

12 or employee of a competitor of a Party; and (b) not involved in competitive decision-making, as

13 defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a

14 competitor of a Party. C froo mm tm hee Nn .t De .d C [ aA l.1 m] o: dT eh l i Ps Ola n fog ru hag ige h i ls y s sl eig nh sit tl iy v m e co od nif fi ie dd e nla tin ag l uage

information. See Model Protective Order Involving Highly

15 2.7 2.7 House Counsel: attorneys who are employees of a party to this action. Sensitive Information (“Expert: a person with specialized knowledge

or experience in a matter pertinent to the litigation who (1) has been

16 House Counsel does not include Outside Counsel of Record or any other outside counsel. r ce ot na sin ue ltd a nb ty i na tP ha ir st y a co tir o i nts , (c 2o )u in ss nel o tto a s pe ar sv te o a rs c a un r re ex np t e er mt w pli otn ye es es o o fr a a s a

Party or of a Party’s competitor, and (3) at the time of retention, is

17 2.8 2.8 Non-Party: any natural person, partnership, corporation, association, or n coo mt a pn et ti ic ti op ra .”te ).d to become an employee of a Party or of a Party’s

18 other legal entity not named as a Party to this action.

19 2.9 2.9 Outside Counsel of Record: attorneys, and attorneys’ staff to whom it is

20 reasonably necessary to disclose the information for this litigation, who are not employees of a C sto afm f (m e.ge .n , pt ae rd al e[ gA a2 ls] ): a T reh e c op va er rti ee ds uw na dn et r t to h ee n Ps Our . e that their counsel’s

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

22 in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf

23 of that party.

24 2.10 2.10 Party: any party to this action, including all of its officers, directors,

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

26 staffs). “Party,” however, does not include any members of the putative class(es) other than the

27 named plaintiffs in this action (Lauren Hughes, Brittany Alowonle, Rita Araujo, Joel Biedleman,

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 Cheriena Ben, Lyris Brady, Gail Burke, Lisa Castle, Paola Dees, Carla Epps, Renata Fernandes,

2 Desiree Freeman, Frank Freeman, Tonya Harris, Roger Derick Hembd, Vincent Hopkins, Dorothy

3 Horn, Hollye Humphreys, Sofia Hussein, Jessica Johnson, Jamie Kacz, John Kirkman, Jesseca

4 Lane, Cody Lovins, Pamyla Luan, Marissa Maginnis, Anthony Montanaro, Kristen Morris, Erin

5 Murrell, Aine O’Neill, Clara Rintoul, Natalia Witherell Sametz, Laprecia Sanders, Karry Schuele,

6 Jacqueline Ward, Chelsea Williams and five plaintiffs identified as “Jane Doe”). Should additional

7 pleadings naming additional individuals as named plaintiffs be filed, such individually named

8 plaintiffs will also be included within the definition of “Party” for purposes of this Order.

9 2.11 2.11 Producing Party: a Party or Non-Party that produces Disclosure or

10 Discovery Material in this action.

11 2.12 2.12 Professional Vendors: persons or entities that provide litigation support

12 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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

14 subcontractors.

15 2.13 2.13 Protected Material: any Disclosure or Discovery Material that is designated

16 as “CONFIDENTIAL.” ” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as provided for

17 in this Order. Protected Material shall not include: (i) advertising materials that have been actually

18 published or publicly disseminated; and (ii) materials that show on their face they have been

19 disseminated to the public.

20 2.14 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

21 from a Producing Party.

3. 3. COMPUTATION OF TIME Commented [A3]: The parties want to establish the applicable

23 The computation of any period of time prescribed or allowed by this Order shall be rules for computing time.

24 governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6.

3.4. SCOPE

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

27 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

2 conversations, or presentations by Parties or their Counsel in court or in other settings that might

3 reveal Protected Material. However, the protections conferred by this Stipulation and Order do not

4 cover the following information: (a) any information that is in the public domain at the time of

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

6 Receiving Party as a result of publication not involving a violation of this Order, including

7 becoming part of the public record through trial or otherwise; and (b) any information known to

8 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure

9 from a source who obtained the information lawfully and under no obligation of confidentiality to

10 the Designating Party. Any use of Protected Material at trial shall be governed by a separate

11 agreement or order.

12 4. In addition, nothing in this Order shall (i) prevent or restrict a Producing Party’s

13 own disclosure or use of its own Protected Material for any purpose, and nothing in this Order

14 shall preclude any Party from showing Protected Material to an individual who prepared the

15 Protected Material; and (ii) be construed to prejudice any Party’s right to use any Protected

16 Material in court or in any court filing with the consent of the Producing Party or by order of the

17 Court. This Order is entered without prejudice to the right of any Party to seek further or additional

18 protection of any Discovery Material or to modify this Order in any way, including, without

19 limitation, an order that certain matter not be produced at all. C Pro om tecm tive en Ote rdd e r[ A do4 e] s: nT oh t e p rp ea vr eti ne ts ow r a rn est tt ro ic m t aa k pe a rc tl ye a frr o t mha t d t ih sce l osing

their own Protected Material.

4.5. DURATION

21 Even after final disposition of this litigation, the confidentiality obligations imposed by this

22 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

23 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

24 and defenses in this action, with or without prejudice; and (2) final judgment herein after the

25 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

26 including the time limits for filing any motions or applications for extension of time pursuant to

27 applicable law.

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 5.6. 5. DESIGNATING PROTECTED MATERIAL

2 6.1 5.1 Available Designations. Any Producing Party may designate Discovery

3 Material with any of the following designations, provided that it meets the requirements for such

4 designations as provided for herein: “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’

5 EYES ONLY” C dio scm ovm ere yn wte illd i n[ vA o5 lv] e: sG ei nv se in ti vth e e c osu mb pje ec tit t im vea t tt re ar d o ef st eh ce r ec ta ss , e p a ron dd u t ch ta t

development information, engineering documents, testing

6 5.16.2 Exercise of Restraint and Care in Designating Material for Protection. Each Party information, and sensitive medical information, the parties agreed to

include this second tier of confidentiality.

7 or Non-Party that designates information or items for protection under this Order must take care

8 to limit any such designation to specific material that qualifies under the appropriate standards.

9 The Designating Party must designate for protection only those parts of material, documents,

10 items, or oral or written communications that qualify – so that other portions of the material,

11 documents, items, or communications for which protection is not warranted are not swept

12 unjustifiably within the ambit of this Order.

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

14 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

15 unnecessarily encumber or retard the case development process or to impose unnecessary expenses

16 and burdens on other parties) expose the Designating Party to sanctions.

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

18 for protection do not qualify for protection, that Designating Party must promptly notify all other

19 Parties that it is withdrawing the mistaken designation.

20 5.26.3 5.2 Manner and Timing of Designations. Except as otherwise provided in this

21 Order (see, e.g., second paragraph of section 65.3(a) below), or as otherwise stipulated or ordered,

22 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

23 designated before the material is disclosed or produced.

24 Designation in conformity with this Order requires:

25 (a) (a) For information in documentary form (e.g., paper or electronic

26 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the

27 Producing Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 EYES ONLY” to each page that contains protected material. If only a portion or portions of the

2 material on a page qualifies for protection, the Producing Party also must clearly identify the

3 protected portion(s) (e.g., by making appropriate markings in the margins). C lao ngm uam gee ,n at se id t w [ oA u6 ld] : b T e h de if p fia cr uti le t s to h oav pe e ra ag tir oe ne ad l it zo e f . o rego this

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

5 need not designate them for protection until after the inspecting Party has indicated which material

6 it would like copied and produced. During the inspection and before the designation, all of the

7 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting

8 Party has identified the documents it wants copied and produced, the Producing Party must

9 determine which documents, or portions thereof, qualify for protection under this Order. Then,

10 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL”

11 legend to each page that contains Protected Material. If only a portion or portions of the material

12 on a page qualifies for protection, the Producing Party also must clearly identify the protected

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

14 (b)for testimony given in deposition or in other pretrial or trial proceedings, that the

15 Designating Party identify on the record, before the close of the deposition, hearing, or other

16 proceeding, all protected testimony.

17 (c) for native files: Where electronic files and documents are produced in C coo nm cem rnie nn gt te hd e u[ sA e7 o] f : n T ath ive ep fa ir lt ei se s o a r g imre ae gd e t so o a fd nd ait ti io vn e a fl i lp er so ac se d eu xr he is b its

during depositions.

18 native electronic format, such electronic files and documents shall be designated for protection

19 under this Order by appending to the file names or designators information indicating whether the

20 file contains “CONFIDENTIAL” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” material,

21 or shall use any other reasonable method for so designating Protected Materials produced in

22 electronic format. When electronic files or documents are printed for use at deposition or in a court

23 proceeding, the party printing the electronic files or documents shall affix a legend to the printed

24 document corresponding to the designation of the Designating Party and including the production

25 number and designation associated with the native file. If a Party uses at a deposition a .tiff, .pdf,

26 or other image format version of a native document, that Party shall, upon request, provide a copy

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 of the native file to counsel for the witness and all Parties in attendance who are entitled to review

2 the document pursuant to this Protective Order.

3 (b) for depositions and testimony given other pretrial or trial proceedings, that C goo vm erm nine gn pt re od c e[ dA u8 re] s: f T orh de ep sa igrt nie as ti h ngav de e a pg or se ie tid o nto a e ns dt a ob thli esh r ing

testimony.

4 the Designating Party identify on the record at the time the testimony is given or by sending written

5 notice of how portions of the transcript of the testimony is designated within thirty (30) days of

6 receipt of the transcript of the testimony. If no indication on the record is made, all information

7 disclosed during a deposition shall be deemed “CONFIDENTIAL– ATTORNEYS’ EYES ONLY

8 ” until the time within which it may be appropriately designated as provided for herein has passed.

9 Any Party that wishes to disclose the transcript, or information contained therein, may provide

10 written notice of its intent to treat the transcript as non-confidential, after which time, any Party

11 that wants to maintain any portion of the transcript as confidential must designate the confidential

12 portions within fourteen (14) days, or else the transcript may be treated as non-confidential. Any

13 Protected Material that is used in the taking of a deposition shall remain subject to the provisions

14 of this Protective Order, along with the transcript pages of the deposition testimony dealing with

15 such Protected Material. In such cases the court reporter shall be informed of this Protective Order

16 and shall be required to operate in a manner consistent with this Protective Order. In the event the

17 deposition is videotaped, the original and all copies of the videotape shall be marked by the video

18 technician to indicate that the contents of the videotape are subject to this Protective Order,

19 substantially along the lines of “This videotape contains confidential testimony used in this case

20 and is not to be viewed or the contents thereof to be displayed or revealed except pursuant to

21 the terms of the operative Protective Order in this matter or pursuant to written stipulation of

22 the parties.” Counsel for any Producing Party shall have the right to exclude from oral

23 depositions, other than the deponent, deponent’s counsel, the reporter and videographer (if

24 any), any person who is not authorized by this Protective Order to receive or access Protected

25 Material based on the designation of such Protected Material. Such right of exclusion shall be

26 applicable only during periods of examination or testimony regarding such Protected Material.

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1 (b)(c) for information produced in some form other than documentary and for any

2 other tangible items, that the Producing Party affix in a prominent place on the exterior of the

3 container or containers in which the information or item is stored the legend “CONFIDENTIAL.”

4 or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” If only a portion or portions of the

5 information or item warrant protection, the Producing Party, to the extent practicable, shall identify

6 the protected portion(s).

7 6.4 5.3 Inadvertent Failures to Designate. If timely corrected, an

8 (a) The inadvertent failure by a Producing Party to designate qualified

9 information or items does not, standing alone, waive the Designating Party’s right to secure

10 protection Discovery Material as Protected Material with one of the designations provided for

11 under this Order for shall not waive any such material. Upon timely correction of a designation,

12 the provided that the Producing Party notifies all Receiving Party must make reasonable efforts to

13 assure that the materialParties that such Discovery Material is treated in accordance with protected

14 under one of the categories of this Order within thirty (30) days of the Producing Party learning of

15 the inadvertent failure to designate. The Producing Party shall reproduce the Protected Material

16 with the correct confidentiality designation within seven (7) days upon its notification to the

17 Receiving Parties. Upon receiving the Protected Material with the correct confidentiality

18 designation, the Receiving Parties shall return or securely destroy all Discovery Material that was

19 not designated properly.

20 (b) A Receiving Party shall not be in breach of this Order for any use of such

21 Discovery Material before the Receiving Party receives such notice that such Discovery Material

22 is protected under one of the categories of this Order, unless an objectively reasonable person

23 would have realized that the Discovery Material should have been appropriately designated with

24 a confidentiality designation under this Order. Once a Receiving Party has received notification of

25 the correct confidentiality designation for the Protected Material with the correct confidentiality

26 designation, the Receiving Party shall treat such Discovery Material (subject to the exception in C roo bm ustm pe ron ct ee dd ur e[ sA f9 o] r : t hT eh ie n ap da vrt eie rts e h na t v fae i la ug rr ee e tod dto e se is gt na ab tl eis mh am teo rr ie a l

27 Paragraph 17(c) below) at the appropriately designated level pursuant to the terms of this Order. a an s d c ofo nr f is dt ee np ts i ai ln , bth ue t e wv ae sn nt om t,a it se r ti ra el a t th ea dt as sh o nu ol td c oh nav fie d eb ne te in al .d e s ignated

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

2 7. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – ATTORNEYS’

3 EYES ONLY” Commented [A10]: Given the subject matter of the case and that

discovery will involve sensitive competitive trade secrets, product

7.1 A Producing Party may designate Discovery Material as “CONFIDENTIAL – development information, engineering documents, testing

4 information, and sensitive medical information, the parties agreed to

ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely confidential include this second tier of confidentiality.

and/or sensitive in nature and the Producing Party reasonably believes that the disclosure of such

Discovery Material is likely to cause economic harm or significant competitive disadvantage to

the Producing Party. The Parties agree that the following information, if non-public, shall be

presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: trade

secrets, pricing information, financial data, sales information, sales or marketing forecasts or

plans, business plans, sales or marketing strategy, product development information, engineering

documents, testing documents, employee information, other non-public information of similar

competitive and business sensitivity, and health treatment records, including but not limited to

protected health information.

7.2 Unless otherwise ordered by the Court, Discovery Material designated as

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:

(a) The Receiving Party’s Outside Counsel, provided that such Outside

Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United

States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party,

and such Outside Counsel’s immediate paralegals and staff, and any copying or clerical litigation

support services working at the direction of such counsel, paralegals, and staff;

(c)(b) Any outside expert or consultant retained by the Receiving Party to assist

in this action, provided that disclosure is only to the extent necessary to perform such work; and

provided that: (a) such expert or consultant has agreed to be bound by the provisions of this

Order.the Protective Order by signing a copy of Exhibit A-1; (b) such expert or consultant is not

a current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at

the time of retention to become an officer, director, or employee of a Party or of a competitor of

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1010

1 a Party; (c) such expert or consultant is not involved in competitive decision-making, as defined

2 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a

3 competitor of a Party; and (d) such expert or consultant accesses the materials in the

4 United States only, and does not transport them to or access them from any foreign jurisdiction;

5 (c) 6. Court reporters, stenographers and videographers retained to

6 record testimony taken in this action;

7 (d) The Court, jury, and court personnel;

8 (e) Graphics, translation, design, and/or trial consulting personnel, having first

9 agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A;

10 (f) Any mediator who is assigned to hear this matter, and his or her staff,

11 subject to their agreement to maintain confidentiality to the same degree as required by this

12 Protective Order; and

13 (g) Any other person with the prior written consent of the Producing Party, who

14 has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A.

6.8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

16 6.18.1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation

17 of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

19 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

20 challenge a confidentiality designation by electing not to mount a challenge promptly after the

21 original designation is disclosed.

22 6.28.2 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

23 process by providing written notice of each designation it is challenging and describing the basis

24 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice

25 must recite that the challenge to confidentiality is being made in accordance with this specific

26 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith

27 and must begin the process by conferring directly (in voice to voice dialogue; other forms of

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

CASE NO. 3:22-CV-07668-VC

1111

1 communication are not sufficient) within 14 days of the date of service of notice. In conferring,

2 the Challenging Party must explain with particularity the basis for its belief that the confidentiality C cao nm bem pe ron pt ee rld y [ reA s1 ol1 v] e: d T bo y e thn es u pr ae r tt ih ea st , a th c eh pal al re tn ieg se a t go r ea e d te os i eg xn pa lt aio inn

their challenge with particularity. The added language seeks to

3 designation was not proper and must give the Designating Party an opportunity to review the avoid blanket and broad challenges that make it difficult to assess

any legitimate concerns.

4 designated material, to reconsider the circumstances, and, if no change in designation is offered,

5 to explain the basis for the chosen designation. with particularity. A Challenging Party may

6 proceed to the next stage of the challenge process only if it has engaged in this meet and confer

7 process first or establishes that the Designating Party is unwilling to participate in the meet and

8 confer process in a timely manner.

9 6.38.3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court

10 intervention, the Designating Party shall file and serve a motion to retain confidentiality under

11 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days

12 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer

13 process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied

14 by a competent declaration affirming that the movant has complied with the meet and confer

15 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such

16 a motion including the required declaration within 21 days (or 14 days, if applicable) shall

17 automatically waive the confidentiality designation for each challenged designation. In addition,

18 the Challenging Party may file a motion challenging a confidentiality designation at any time if

19 there is good cause for doing so, including a challenge to the designation of a deposition transcript

20 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a

21 competent declaration affirming that the movant has complied with the meet and confer

22 requirements imposed by the preceding paragraph.

23 The burden of persuasion in any such challenge proceeding shall be on the Designating

24 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

25 unnecessary expenses and burdens on other parties) may expose the Challenging Party to

26 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

27 file a motion to retain confidentiality as described above, all parties shall continue to afford the

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

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1212

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

2 designation until the court rules on the challenge or the challenge is withdrawn in writing.

7.9. 7. ACCESS TO AND USE OF PROTECTED MATERIAL

4 7.19.1 7.1(a) Basic Principles. A Receiving Party may use Protected Material that is

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

6 prosecuting, defending, or attempting to settle this litigation. or any related appellate proceeding.

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

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

9 must comply with the provisions of section 1316 below (FINAL DISPOSITION).

10 (a)(b) Secure Storage, No Export. Protected Material must be stored and C ino tm hem Ue nin tet de d St a[ tA es1 t2 o] a: v T oh ide ap na yrt i ce os n a cg er re ne s t fo ro s mto r ee x pp oro rtte cc ote nd tr om lsa t oe rr ial

foreign data protection laws.

11 maintained by a Receiving Party at a location in the United States and in a secure manner that

12 reasonably ensures that access is limited to the persons authorized under this Order. Nothing in

13 Paragraph 9(b) shall preclude parties bound by this Protected Order from accessing Protected

14 Material remotely.

15 (c) 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Legal

16 Advice Based on Protected Material. Nothing in this Protective Order shall be construed to prevent

17 counsel from advising their clients with respect to this case based in whole or in part upon

18 Protected Materials, provided counsel does not disclose the Protected Material itself except as

19 provided in this Order.

20 (d) Limitations. Nothing in this Order shall restrict in any way a Producing

21 Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict in any

22 way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become

23 publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by or known

24 to the Receiving Party independent of the Producing Party; (iii) previously produced, disclosed

25 and/or provided by the Producing Party to the Receiving Party or a non-party without an obligation

26 of confidentiality and not by inadvertence or mistake; (iv) with the consent of the Producing Party; Commented [A13]: The parties agree that disclosure of

27 or (v) pursuant to order of the Court. P cir ro ct ue mct se td a nM cea ste . r i al might be possible in the enumerated set of

28 STIPULATED PROTECTIVE ORDER Formatted: Page Number

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1313

1 9.2 Disclosure of “CONFIDENTIAL” Information or Items. A Producing Party may C mo aym dm ese ign nt ae ted m [ aA te1 r4 ia] l: a T s h “e C p oa nr ft ii de es n a tig ar le .”e to define when a party

2 designate Discovery Material as “CONFIDENTIAL” if it contains or reflects confidential,

3 proprietary, and/or commercially sensitive information, including but not limited to trade secrets,

4 pricing information, financial data, sales information, sales or marketing forecasts, business plans,

5 sales or marketing strategy, product development information, engineering documents, testing

6 documents, employee information, other non-public information of similar competitive and

7 business sensitivity, and health treatment records, including but not limited to protected health

8 information.

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

10 Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to:

11 (b)(a) (a) the Receiving Party’s Outside Counsel of Record in this action, as well

12 as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose

13 the information for this litigation and who have signed the “Acknowledgment and Agreement to

14 Be Bound” that is attached hereto as Exhibit A;

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

16 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed

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

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

19 disclosure is reasonably necessary for this litigation and who have signed the

20 “AcknowledgmentExpert/Consultant Acknowledge of Confidentiality and Agreement to Bebe

21 Bound” ( by Protective Order,” attached as Exhibit A);-1”;

22 (e)(d) (d) the court and its personnel;

23 (f)(e) (e) court reporters and their staff, professional jury or trial consultants, mock

24 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and

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

26 (g)(f) (f) during their depositions, witnesses in the action to whom disclosure is

27 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

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CASE NO. 3:22-CV-07668-VC

1414

1 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

2 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

3 separately bound by the court reporter and may not be disclosed to anyone except as permitted

4 under this Stipulated Protective Order.

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

6 custodian or other person who otherwise possessed or knew the information.;

7 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

8 LITIGATION

9 (h) any mediator who is assigned to hear this matter, and his or her staff, subject

10 to their agreement to maintain confidentiality to the same degree as required by this Protective

11 Order; and

12 (i) any other person with the prior written consent of the Producing Party.

13 (j) Before any “CONFIDENTIAL” information, or substance or summary C pro om cedm ue ren s t fe od r d [ iA sc1 lo5 s] in: gT Che o np fa idrt eie ns ti h ala v me a a teg rr ie ae l d to t o a e ps at ra tb yl ’i ss h e xpert.

14 thereof, shall be disclosed to an Expert, the Expert shall sign and abide by the terms of the

15 “Expert/Consultant Acknowledge of Confidentiality and Agreement to be Bound by Protective

16 Order,” attached as Exhibit A-1, the terms of which are incorporated herein. An Expert may make

17 an application to the Court with advance notice and based upon a showing of good cause for

18 modification of, or relief from, the obligations of Expert/Consultant Acknowledgment of

19 Confidentiality and Agreement to Be Bound by Protective Order (Exhibit A-1) prior to the review

20 of any “CONFIDENTIAL” information.

21 9.3 Discovery from Experts. Absent good cause, drafts of reports of testifying experts,

22 and reports and other written materials, including drafts, or consulting experts, shall not be

23 discoverable. Reports and materials exempt from discovery under this Paragraph shall be treated

24 as attorney work product for the purpose of this case and Protective Order. Nothing in Paragraph

25 9.3 shall alter the applicable standards governing disclosure under Federal Rule of Civil Procedure

26 26(b). C pao rtm iem s ae gn ret ee td o e[ sA ta1 b6 li] s: h C tho an ts cis et re tn ait n w ei xth p eth rte m F ae td ee rr iaa ll s R au rele ns, o t th se u bject

to discovery.

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1515

1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

7.210.1If a Party is served with a subpoena or a court order issued in other litigation that

compels disclosure of any information or items designated in this action as “CONFIDENTIAL,”

or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” that Party must:

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

include a copy of the subpoena or court order;

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

to issue in the other litigation that some or all of the material covered by the subpoena or order is

subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective

Order; and

by the Designating Party whose Protected Material may be affected.

7.310.2If the Designating Party timely seeks a protective order, the Party served with the

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

“CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a

determination by the court from which the subpoena or order issued, unless the Party has obtained

the Designating Party’s permission. The Designating Party shall bear the burden and expense of

seeking protection in that court of its confidential material – and nothing in these provisions should

be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful

directive from another court. Formatted: Font: (Asian) +Headings Asian (SimSun)

8.11. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

22 THIS LITIGATION

23 8.111.1(a) The terms of this Order are applicable to information produced by a Non-Party

24 in this action and designated as “CONFIDENTIAL.” or “CONFIDENTIAL - ATTORNEYS’

25 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is

26 protected by the remedies and relief provided by this Order. Nothing in these provisions should be

27 construed as prohibiting a Non-Party from seeking additional protections.

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1616

1 8.211.2(b) In the event that a Party is required, by a valid discovery request, to produce a

2 Non-Party’s confidential information in its possession, and the Party is subject to an agreement

3 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

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

5 some or all of the information requested is subject to a confidentiality agreement with a Non-Party;

6 (b) (2) promptly provide the Non-Party with a copy of the Stipulated Protective

7 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of

8 the information requested; and

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

10 Party.

11 8.311.3(c) If the Non-Party fails to object or seek a protective order from this court within

12 14 days of receiving the notice and accompanying information, the Receiving Party may produce

13 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party

14 timely seeks a protective order, the Receiving Party shall not produce any information in its

15 possession or control that is subject to the confidentiality agreement with the Non-Party before a

16 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

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

9.12. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

19 9.112.1If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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

21 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party

22 of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

23 Protected Material and to ensure that no further or greater unauthorized disclosure and/or use

24 thereof is made, (c) inform the person or persons to whom unauthorized disclosures were made of

25 all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment

26 and Agreement to Be Bound” that is attached hereto as Exhibit A.

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1 12.2 11. Unauthorized or inadvertent disclosure does not change the status of C dio scm lom sue ren ot fe dd e s[ iA gn1 a7 te] d: T mh ae te p ria ar lt i de os eh sa nv oe ta wgr ae ie vd e t th ha et d t eh se i gin na ad tiv oe nr .t ent

2 Discovery Material or waive the right to hold the disclosed document or information as Protected.

10.13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

4 MATERIAL

5 13.1 Pursuant to Federal Rule of Evidence 502(d) and (e), the inadvertent production by C a pp ro ip vm l ii lc em a gb ee l den mFte e add tee rr[ iaA al l 1 .R 8 ul] e: s T gh oe v ep ra nr it nie gs th ha ev ie n aa dg vre ee rd te nto t pin rc oo dr up co tir oa nte o t fh e