even stipulated protective orders require good 21 cause showing
How later courts described this case
- even stipulated protective orders require good 21 cause showing
Written by the judges who cited it.
The opinion
1 Frederic Gordon, SBN 98994-CA
201 South Lake Avenue
2 Pasadena, CA 91101
Telephone: (619) 572-2210
3 fgordonapc@gmail.com
4 William D. Marler, WSBA #17233
Ilana Korchia, WSBA #60180
5 Marler Clark, Inc., PS
180 Olympic Drive S.E.
6 Bainbridge Island, WA 98110
Telephone: (206) 346-1888
7 Fax: (206) 346-1898
bmarler@marlerclark.com
8 ikorchia@marlerclark.com
Attorneys for Plaintiff,
9 KRISTI WILLIAMSON
10 Clifford A. Clancey
E-Mail: cclancey@zellaw.com
11 Tracey Miller
E-Mail: tmiller@zellaw.com
12 ZELMS ERLICH LENKOV AND MACK
20920 Warner Center Lane, Suite B
13 Woodland Hills, CA 91367-6540
Telephone: 213-785-3473
14
Attorneys for Defendant
15 The Cheesecake Factory Incorporated
16 UNITED STATES DISTRICT COURT
17 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
18
19 KRISTI WILLIAMSON, an individual, CASE NO. 8:24-cv-02358-JWH-DFM
20 Plaintiff,
STIPULATION AND PROTECTIVE
21 v. ORDER
22 THE CHEESECAKE FACTORY
INCORPORATED, a Delaware
23 Corporation;
Complaint Filed: November 13, 2024
24 Defendant. Trial Date: February 2, 2026
25
26
27
28
1 STIPULATION
2 1. PURPOSES AND LIMITATIONS
3 Discovery in this action is likely to involve production of confidential, proprietary,
4 or private information for which special protection from public disclosure and from use
5 for any purpose other than prosecuting this litigation may be warranted. Accordingly,
6 Plaintiff KRISTI WILLIAMSON and Defendant THE CHEESECAKE FACTORY
7 INCORPORATED, (collectively “the Parties”) hereby stipulate to and petition the Court
8 to enter the following Stipulated Protective Order. The parties acknowledge that this
9 Order does not confer blanket protections on all disclosures or responses to discovery and
10 that the protection it affords from public disclosure and use extends only to the limited
11 information or items that are entitled to confidential treatment under the applicable legal
12 principles. The parties further acknowledge, as set forth in Section XIII(C), below, that
13 this Stipulated Protective Order does not entitle them to file confidential information
14 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the
15 standards that will be applied when a party seeks permission from the Court to file
16 material under seal.
17 2. GOOD CAUSE STATEMENT
18 This action is likely to involve customer and pricing lists and other valuable
19 research, development, commercial, financial, technical and/or proprietary information
20 for which special protection from public disclosure and from use for any purpose other
21 than prosecution of this action is warranted. Such confidential and proprietary materials
22 and information consist of, among other things, confidential business or financial
23 information, information regarding confidential business practices, or other confidential
24 research, development, or commercial information (including information implicating
25 privacy rights of third parties), information otherwise generally unavailable to the public
26 (e.g., names, addresses, and other contact information for Defendant’s employees and
27 agents), or which may be privileged or otherwise protected from disclosure under state or
28
1 flow of information, to facilitate the prompt resolution of disputes over confidentiality of
2 discovery materials, to adequately protect information the parties are entitled to keep
3 confidential, to ensure that the parties are permitted reasonable necessary uses of such
4 material in preparation for and in the conduct of trial, to address their handling at the end
5 of the litigation, and serve the ends of justice, a protective order for such information is
6 justified in this matter. It is the intent of the parties that information will not be designated
7 as confidential for tactical reasons and that nothing be so designated without a good faith
8 belief that it has been maintained in a confidential, non-public manner, and there is good
9 cause why it should not be part of the public record of this case.
10 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
11 The parties further acknowledge, as set forth in Section 12.3, below, that this
12 Stipulated Protective Order does not entitle them to file confidential information under
13 seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards
14 that will be applied when a party seeks permission from the court to file material under
15 seal. There is a strong presumption that the public has a right of access to judicial
16 proceedings and records in civil cases. In connection with non-dispositive motions, good
17 cause must be shown to support a filing under seal. See Kamakana v. City and Cnty. of
18 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen.
19 Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony Elecs.,
20 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
21 cause showing), and a specific showing of good cause or compelling reasons with proper
22 evidentiary support and legal justification, must be made with respect to Protected
23 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure
24 or Discovery Material as CONFIDENTIAL does not— without the submission of
25 competent evidence by declaration, establishing that the material sought to be filed under
26 seal qualifies as confidential, privileged, or otherwise protectable—constitute good cause.
27 Further, if a party requests sealing related to a dispositive motion or trial, then compelling
28 reasons, not only good cause, for the sealing must be shown, and the relief sought shall
1 be narrowly tailored to serve the specific interest to be protected. See Pintos v. Pac.
2 Creditors Ass’n, 28 3 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or type of
3 information, document, or thing sought to be filed or introduced under seal in connection
4 with a dispositive motion or trial, the party seeking protection must articulate compelling
5 reasons, supported by specific facts and legal justification, for the requested sealing order.
6 Again, competent evidence supporting the application to file documents under seal must
7 be provided by declaration. Any document that is not confidential, privileged, or
8 otherwise protectable in its entirety will not be filed under seal if the confidential portions
9 can be redacted. If documents can be redacted, then a redacted version for public viewing,
10 omitting only the confidential, privileged, or otherwise protectable portions of the
11 document, shall be filed. Any application that seeks to file documents under seal in their
12 entirety should include an explanation of why redaction is not feasible.
13 4. DEFINITIONS
14 A. Action: The above-entitled case styled Kristi Williamson v. The
15 Cheesecake Factory Incorporated, pending before the United States
16 District Court for the Central District of California, Case No. Case No.
17 8:24-cv-02358-JWH-DFM.
18 B. Challenging Party: A Party or Non-Party that challenges the
19 designation of information or items under this Order.
20 C. “CONFIDENTIAL” Information or Items: Information (regardless of
21 how it is generated, stored or maintained) or tangible things that qualify
22 for protection under Federal Rule of Civil Procedure 26(c), and as
23 specified above in the Good Cause Statement.
24 D. “Highly Confidential – Attorneys’ Eyes Only” (which may be
25 abbreviated as “AEO”): Any information which belongs to a
26 Designating Party who believes in good faith that the Disclosure of such
27 information to another Party or Non-Party would create a substantial
28 risk of serious financial or other injury that cannot be avoided by less
1 restrictive means.
2 E. “Highly Confidential Materials”: Any Documents, Testimony, or
3 Information, as defined below, designated as “Highly Confidential –
4 Attorneys’ Eyes Only” or “AEO” pursuant to the provisions of this
5 Stipulation and Protective Order.
6 F. Counsel: Outside Counsel of Record and House Counsel (as well as
7 their support staff).
8 G. Designating Party: A Party or Non-Party that designates information
9 or items that it produces in disclosures or in responses to discovery as
10 “CONFIDENTIAL.” The Designating Party shall have the right to
11 designate “Highly Confidential – Attorneys’ Eyes Only” only the non-
12 public Documents, Testimony, or Information that the Designating
13 Party in good faith believes would create a substantial risk of serious
14 financial or other injury, if Disclosed to another Party or non-Party, and
15 that such risk cannot be avoided by less restrictive means. This includes
16 non-public drafts and/or versions of documents prepared by Defendant
17 that were submitted to a public or quasi-public entity, agency, or
18 municipality in the course of its business.
19 H. Disclosure or Discovery Material: All items or information, regardless
20 of the medium or manner in which it is generated, stored, or maintained
21 (including, among other things, testimony, transcripts, and tangible
22 things), that are produced or generated in disclosures or responses to
23 discovery in this matter.
24 I. Expert: A person with specialized knowledge or experience in a matter
25 pertinent to the litigation who has been retained by a Party or its counsel
26 to serve as an expert witness or as a consultant in this Action.
27 J. Final Disposition: The later of (1) dismissal of all claims and defenses
28 in this Action, with or without prejudice; and (2) final judgment herein
1 after the completion and exhaustion of all appeals, rehearings, remands,
2 trials, or reviews of this Action, including the time limits for filing any
3 motions or applications for extension of time pursuant to applicable
4 law.
5 K. In-House Counsel: Attorneys who are employees of a party to this
6 Action. In-House Counsel does not include Outside Counsel of Record
7 or any other outside counsel.
8 L. Non-Party: Any natural person, partnership, corporation, association,
9 or other legal entity not named as a Party to this action.
10 M. Outside Counsel of Record: Attorneys who are not employees of a
11 party to this Action but are retained to represent or advise a party to this
12 Action and have appeared in this Action on behalf of that party or are
13 affiliated with a law firm which has appeared on behalf of that party,
14 and includes support staff.
15 N. Party: Any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, and Outside Counsel of
17 Record (and their support staffs).
18 O. Producing Party: A Party or Non-Party that produces Disclosure or
19 Discovery Material in this Action.
20 P. Professional Vendors: Persons or entities that provide litigation-
21 support services (e.g., photocopying, videotaping, translating,
22 preparing exhibits or demonstrations, and organizing, storing, or
23 retrieving data in any form or medium) and their employees and
24 subcontractors.
25 Q. Protected Material: Any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL,” “Highly Confidential – Attorneys’
27 Eyes Only,” and “Highly Confidential Materials.”
28 R. Receiving Party: A Party that receives Disclosure or Discovery
1 Material from a Producing Party.
2 5. SCOPE
3 A. The protections conferred by this Stipulation and Order cover not only
4 Protected Material (as defined above), but also (1) any information copied or extracted
5 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
6 Material; and (3) any testimony, conversations, or presentations by Parties or their
7 Counsel that might reveal Protected Material. However, the protections conferred by this
8 Stipulation and Order do not cover the following information: (a) any information that is
9 in the public domain at the time of disclosure to a Receiving Party or becomes part of the
10 public domain after its disclosure to a Receiving Party as a result of publication not
11 involving a violation of this Order, including becoming part of the public record through
12 trial or otherwise; and (b) any information known to the Receiving Party prior to the
13 disclosure or obtained by the Receiving Party after the disclosure from a source who
14 obtained the information lawfully and under no obligation of confidentiality to the
15 Designating Party.
16 B. Any use of Protected Material at trial shall be governed by the orders of the
17 trial judge. This Order does not govern the use of Protected Material at trial.
18 6. DURATION
19 Once a case proceeds to trial, information that was designated as CONFIDENTIAL
20 or “Highly Confidential – Attorneys’ Eyes Only” or maintained pursuant to this protective
21 order used or introduced as an exhibit at trial becomes public and will be presumptively
22 available to all members of the public, including the press, unless compelling reasons
23 supported by specific factual findings to proceed otherwise are made to the trial judge in
24 advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
25 showing for sealing documents produced in discovery from “compelling reasons”
26 standard when merits-related documents are part of court record). Accordingly, the terms
27 of this protective order do not extend beyond the commencement of the trial.
28 / / /
1 7. DESIGNATING PROTECTED MATERIAL
2 A. Exercise of Restraint and Care in Designating Material for Protection: Each
3 Party or Non-Party that designates information or items for protection under this Order
4 must take care to limit any such designation to specific material that qualifies under the
5 appropriate standards. The Designating Party must designate for protection only those
6 parts of material, documents, items or oral or written communications that qualify so that
7 other portions of the material, documents, items or communications for which protection
8 is not warranted are not swept unjustifiably within the ambit of this Order.
9 Mass, indiscriminate or routinized designations are prohibited. Designations that
10 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
11 to unnecessarily encumber the case development process or to impose unnecessary
12 expenses and burdens on other parties) may expose the Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that it
14 designated for protection do not qualify for protection, that Designating Party must
15 promptly notify all other Parties that it is withdrawing the inapplicable designation.
16 Any Documents, Testimony, or Information to be designated as “Confidential” or
17 “Highly Confidential – Attorneys’ Eyes Only” must be clearly so designated before the
18 Document, Testimony, or Information is Disclosed or produced. The parties may agree
19 that a case name and number are to be part of the “Highly Confidential – Attorneys’ Eyes
20 Only” designation. The “Confidential” or “Highly Confidential – Attorneys’ Eyes Only”
21 designation should not obscure or interfere with the legibility of the designated
22 Information.
23 B. Manner and Timing of Designations: Except as otherwise provided in this
24 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
25 qualifies for protection under this Order must be clearly so designated before the material
26 is disclosed or produced.
27 Designation in conformity with this Stipulated Order requires:
28 (a) for information in documentary form (e.g., paper or electronic documents, but
1 excluding transcripts of depositions or other pretrial or trial proceedings), that the
2 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
3 “CONFIDENTIAL legend”) or “Highly Confidential – Attorneys Eyes Only” (hereinafter
4 “AEO legend”) to each page that contains protected material. If only a portion of the
5 material on a page qualifies for protection, the Producing Party also must clearly identify
6 the protected portion(s) (e.g., by making appropriate markings in the margins).
7 A Party or Non-Party that makes original documents available for inspection need
8 not designate them for protection until after the inspecting Party has indicated which
9 documents it would like copied and produced. During the inspection and before the
10 designation, all of the material made available for inspection shall be deemed
11 “CONFIDENTIAL” or “AEO.” After the inspecting Party has identified the documents,
12 it wants copied and produced, the Producing Party must determine which documents, or
13 portions thereof, qualify for protection under this Order. Then, before producing the
14 specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or
15 “AEO legend” to each page that contains Protected Material. If only a portion of the
16 material on a page qualifies for protection, the Producing Party also must clearly identify
17 the protected portion(s) (e.g., by making appropriate markings in the margins).
18 (b) For testimony given in depositions that the Designating Party identifies the
19 Disclosure or Discovery Material on the record, before the close of the deposition all
20 protected testimony.
21 (c) For information produced in some form other than documentary and for any
22 other tangible items, that the Producing Party affix in a prominent place on the exterior
23 of the container or containers in which the information is stored the legend
24 “CONFIDENTIAL” or “AEO.” If only a portion or portions of the information warrants
25 protection, the Producing Party, to the extent practicable, shall identify the protected
26 portion(s).
27 C. Inadvertent Failures to Designate: If timely corrected, an inadvertent failure
28 to designate qualified information or items does not, standing alone, waive the
1 Designating Party’s right to secure protection under this Order for such material. Upon
2 timely correction of a designation, the Receiving Party must make reasonable efforts to
3 assure that the material is treated in accordance with the provisions of this Order.
4 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5 A. Timing of Challenges: Any Party or Non-Party may challenge a designation
6 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
7 B. Meet and Confer: The Challenging Party shall initiate the dispute resolution
8 process under Local Rule 37-1 et seq.
9 C. Joint Stipulation: Any challenge submitted to the Court shall be via a joint
10 stipulation pursuant to Local Rule 37-2.
11 D. The burden of persuasion in any such challenge proceeding shall be on the
12 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
13 to harass or impose unnecessary expenses and burdens on other parties) may expose the
14 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
15 the confidentiality designation, all parties shall continue to afford the material in question
16 the level of protection to which it is entitled under the Producing Party’s designation until
17 the Court rules on the challenge.
18 9. ACCESS TO AND USE OF PROTECTED MATERIAL
19 A. Basic Principles: A Receiving Party may use Protected Material that is
20 disclosed or produced by another Party or by a Non-Party in connection with this Action
21 only for prosecuting, defending or attempting to settle this Action. Such Protected
22 Material may be disclosed only to the categories of persons and under the conditions
23 described in this Order. When the Action has been terminated, a Receiving Party must
24 comply with the provisions of section 15 below (FINAL DISPOSITION).
25 B. Disclosure of “CONFIDENTIAL” Information or Items: Unless otherwise
26 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
27 may disclose any information or item designated “CONFIDENTIAL” only to:
28 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as
1 employees of said Outside Counsel of Record to whom it is reasonably necessary to
2 disclose the information for this Action;
3 (b) The officers, directors, and employees (including House Counsel) of the
4 Receiving Party to whom disclosure is reasonably necessary for this Action;
5 (c) Outside experts or expert consultants consulted by the undersigned Parties or
6 their counsel in connection with the Proceeding, whether or not retained to testify at any
7 oral hearing; provided, however, that prior to the Disclosure of Highly Confidential
8 Materials to any such expert or expert consultant, consultant, counsel for the Party making
9 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,
10 shall explain its terms to such person, and shall secure the signage of such person of the
11 “Acknowledgment and Agreement to Be Bound (Exhibit A) prior to the Disclosure of
12 Highly Confidential Materials. It shall be the obligation of Trial Counsel, upon learning
13 of any breach or threatened breach of this Stipulation and Protective Order by any such
14 expert or expert consultant, to promptly notify Trial Counsel for the Designating Party of
15 such breach or threatened breach.
16 (d) The court and its personnel;
17 (e) Court reporters and their staff;
18 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to
19 whom disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (g) The author or recipient of a document containing the information or a custodian
22 or other person who otherwise possessed or knew the information;
23 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action
24 to whom disclosure is reasonably necessary provided: (1) the deposing party requests that
25 the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted
26 to keep any confidential information unless they sign the “Acknowledgment and
27 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party
28 or ordered by the court. Pages of transcribed deposition testimony or exhibits to
1 depositions that reveal Protected Material may be separately bound by the court reporter
2 and may not be disclosed to anyone except as permitted under this Stipulated Protective
3 Order; and
4 (i) Any mediators or settlement officers and their supporting personnel, mutually
5 agreed upon by any of the parties engaged in settlement discussions.
6 C. Disclosure of Highly Confidential Materials or Items: Unless otherwise
7 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
8 may disclose any information or item designated “Highly Confidential – Attorneys’ Eyes
9 Only” only to:
10 (a) Attorneys of record in the Proceeding and their affiliated attorneys, paralegals,
11 clerical and secretarial staff employed by such attorneys who are actively involved in the
12 Proceeding and are not employees of any Party;
13 (b) Trial Counsel for the Parties, their partners and associates, and staff and
14 supporting personnel of such attorneys, such as paralegal assistants, secretarial,
15 stenographic and clerical employees and contractors, and outside copying services, who
16 are working on this Proceeding (or any further proceedings herein) under the direction of
17 such attorneys and to whom it is necessary that the Highly Confidential Materials be
18 Disclosed for purposes of this Proceeding. Such employees, assistants, contractors and
19 agents to whom such access is permitted and/or Disclosure is made shall, prior to such
20 access or Disclosure, be advised of, and become subject to, the provisions of this
21 Protective Order.
22 (c) Outside experts or expert consultants consulted by the undersigned Parties or
23 their counsel in connection with the Proceeding, whether or not retained to testify at any
24 oral hearing; provided, however, that prior to the Disclosure of Highly Confidential
25 Materials to any such expert or expert consultant, consultant, counsel for the Party making
26 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person,
27 shall explain its terms to such person, and shall secure the signage of such person of the
28 “Acknowledgment and Agreement to Be Bound (Exhibit A) prior to the Disclosure of
1 Highly Confidential Materials. It shall be the obligation of Trial Counsel, upon learning
2 of any breach or threatened breach of this Stipulation and Protective Order by any such
3 expert or expert consultant, to promptly notify Trial Counsel for the Designating Party of
4 such breach or threatened breach.
5 (d) Court reporters in this Proceeding (whether at depositions, hearings, or any
6 other proceeding); and
7 (e) the Court and its personnel.
8 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
9 PRODUCED IN OTHER LITIGATION
10 If a Party is served with a subpoena or a court order issued in other litigation that
11 compels disclosure of any information or items designated in this Action as
12 “CONFIDENTIAL” or “AEO” that Party must:
13 (a) Promptly notify in writing the Designating Party. Such notification shall include
14 a copy of the subpoena or court order;
15 (b) Promptly notify in writing the party who caused the subpoena or order to issue
16 in the other litigation that some or all of the material covered by the subpoena or order is
17 subject to this Protective Order. Such notification shall include a copy of this Stipulated
18 Protective Order; and
19 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the
20 Designating Party whose Protected Material may be affected. If the Designating Party
21 timely seeks a protective order, the Party served with the subpoena or court order shall
22 not produce any information designated in this action as “CONFIDENTIAL” or “AEO”
23 before a determination by the court from which the subpoena or order issued, unless the
24 Party has obtained the Designating Party’s permission. The Designating Party shall bear
25 the burden and expense of seeking protection in that court of its confidential material and
26 nothing in these provisions should be construed as authorizing or encouraging a Receiving
27 Party in this Action to disobey a lawful directive from another court.
28 / / /
1 11. NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
2 PRODUCED IN THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a Non-Party
4 in this Action and designated as “CONFIDENTIAL” or “AEO.” Such information
5 produced by Non-Parties in connection with this litigation is protected by the remedies
6 and relief provided by this Order. Nothing in these provisions should be construed as
7 prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to produce a
9 Non-Party’s confidential information in its possession, and the Party is subject to an
10 agreement with the Non-Party not to produce the Non-Party’s confidential information,
11 then the Party shall:
12 (1) Promptly notify in writing the Requesting Party and the Non-Party that
13 some or all of the information requested is subject to a confidentiality agreement
14 with a Non-Party;
15 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective
16 Order in this Action, the relevant discovery request(s), and a reasonably specific
17 description of the information requested; and
18 (3) Make the information requested available for inspection by the Non-
19 Party, if requested.
20 (c) If the Non-Party fails to seek a protective order from this court within 14 days
21 of receiving the notice and accompanying information, the Receiving Party may produce
22 the Non-Party’s confidential information responsive to the discovery request. If the Non-
23 Party timely seeks a protective order, the Receiving Party shall not produce any
24 information in its possession or control that is subject to the confidentiality agreement
25 with the Non-Party before a determination by the court. Absent a court order to the
26 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
27 court of its Protected Material.
28 / / /
1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
5 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
6 all unauthorized copies of the Protected Material, (c) inform the person or persons to
7 whom unauthorized disclosures were made of all the terms of this Order, and (d) request
8 such person or persons to execute the “Acknowledgment an Agreement to Be Bound”
9 attached hereto as Exhibit A.
10 13. INADVERTANT PRODUCTION OF PRIVILEGED OR
11 OTHERWISE PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain inadvertently
13 produced material is subject to a claim of privilege or other protection, the obligations of
14 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
15 This provision is not intended to modify whatever procedure may be established in an e-
16 discovery order that provides for production without prior privilege review. Pursuant to
17 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
18 effect of disclosure of a communication or information covered by the attorney-client
19 privilege or work product protection, the parties may incorporate their agreement in the
20 stipulated protective order submitted to the court.
21 14. MISCELLANEOUS
22 A. Right to Further Relief. Nothing in this Order abridges the right of any
23 person to seek its modification by the Court in the future.
24 B. Right to Assert Other Objections. By stipulating to the entry of this
25 Protective Order, no Party waives any right it otherwise would have to object to disclosing
26 or producing any information or item on any ground not addressed in this Stipulated
27 Protective Order. Similarly, no Party waives any right to object on any ground to use in
28 evidence of any of the material covered by this Protective Order.
1 C. Filing Protected Material. A Party that seeks to file under seal any Protected
2 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
3 under seal pursuant to a court order authorizing the sealing of the specific Protected
4 Material. If a Party’s request to file Protected Material under seal is denied by the court,
5 then the Receiving Party may file the information in the public record unless otherwise
6 instructed by the court.
7 15. FINAL DISPOSITION
8 After the final disposition of this Action, as defined in paragraph 6, within 60 days
9 of a written request by the Designating Party, each Receiving Party must return all
10 Protected Material to the Producing Party or destroy such material. As used in this
11 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
12 summaries, and any other format reproducing or capturing any of the Protected Material.
13 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
14 a written certification to the Producing Party (and, if not the same person or entity, to the
15 Designating Party) by the 60-day deadline that (1) identifies (by category, where
16 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
17 the Receiving Party has not retained any copies, abstracts, compilations, summaries or
18 any other format reproducing or capturing any of the Protected Material. Notwithstanding
19 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion
20 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
21 deposition and trial exhibits, expert reports, attorney work product, and consultant and
22 expert work product, even if such materials contain Protected Material. Any such archival
23 copies that contain or constitute Protected Material remain subject to this Protective Order
24 as set forth in Section 6 (DURATION).
25 / / /
26 / / /
27 / / /
28 / / /
1 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures including,
3 || without limitation, contempt proceedings and/or monetary sanctions.
4 |) IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
6 Dated: September 23, 2025 Respectfully submitted,
7 MARLER CLARK, INC., PS
8
9 By:
Frederic Gordon
10 Ilana Korchia
William D. Marler
11 Attorneys for Plaintiff
KRISTI WILLIAMSON
13 || Dated: September 23, 2025 Respectfully submitted,
14 ZELMS ERLICH LENKOV AND MACK
15
16 By: /s/ Clifford A. Clance
17 Clifford A. Clancey
Tracey Miller
18 Attorneys for Defendant
THE CHEESECAKE FACTORY
19 INCORPORATED
20
ORDER
09 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and
3 Protective Order.
IT IS SO ORDERED.
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DATED: September 23, 2025
26 HON. BOUGLAS F. McCORMICK
UNITED STATES MAGISTRATE JUDGE
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L7/ Case No: 8:24-cv-02358-JWH-DFM
OTINTTT ATTISXAT ARITA AYNTLUSL'(TIt?7nT TALMY
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ____________________________, of ________________________________,
4 declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the
6 Central District of California on __________________ in the case of Kristi Williamson
7 v. The Cheesecake Factory Incorporated, Case No. 8:24-cv-02358-JWH-DFM. I agree to
8 comply with and to be bound by all the terms of this Stipulated Protective Order and I
9 understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
11 manner any information or item that is subject to this Stipulated Protective Order to any
12 person or entity except in strict compliance with the provisions of this Order. I further
13 agree to submit to the jurisdiction of the United States District Court for the Central
14 District of California for the purpose of enforcing the terms of this Stipulated Protective
15 Order, even if such enforcement proceedings occur after termination of this action.
16 I hereby appoint ____________________________, of _____________________
17 as my California agent for service of process in connection with this action or any
18 proceeding related to enforcement of this Stipulated Protective Order.
19 Date:
20 City and State where sworn and signed:
21 Printed Name:
22
23 Signature: _________________________
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