The opinion
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Irene V. Fitzgerald, Bar No. 266949
2 ifitzgerald@littler.com
Matt Maler, Bar No. 343580
3 mmaler@littler.com
LITTLER MENDELSON, P.C.
4 5200 North Palm Avenue
Suite 302
5 Fresno, California 93704.2225
Telephone: 559.244.7500
6 Facsimile: 559.244.7525
7
Attorneys for Defendant
8 UNIVISION TELEVISION GROUP, INC.
9
10 UNITED STATES DISTRICT COURT
11 EASTERN DISTRICT OF CALIFORNIA
12
Sharabeth Galindo, Case No. 1:25-cv-00760-KES-BAM
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Plaintiff, STIPULATED PROTECTIVE ORDER
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v. Removed from Fresno County Superior Court
15 Case No. 25CECG02362
Univision Television Group, Inc. & DOES 1 through
16 50, inclusive, District Judge: Hon. Kirk E. Sherriff
Magistrate Judge: Hon. Barbara A. McAuliffe
17 Defendants.
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Trial Date: TBD
19 Fresno County Superior Court
Complaint Filed: May 16, 2025
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1 1. PURPOSES AND LIMITATIONS
2 1.1 Disclosure and discovery activity in this action are likely to involve production of
3 confidential, proprietary, or private information for which special protection from public disclosure and
4 from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the
5 parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The
6 parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to
7 discovery and that the protection it affords from public disclosure and use extends only to the limited
8 information or items that are entitled to confidential treatment under the applicable legal principles. The
9 parties further acknowledge, as set forth in Section 14.4, below, that this Stipulated Protective Order
10 does not entitle them to file confidential information under seal; Rule 141 of the Local Rules of the United
11 States District Court, Eastern District of California (eff. Jan 1, 2025) ("Rule 141") sets forth the procedures that
12 must be followed and the standards that will be applied when a party seeks permission from the court to
13 file material under seal.
14 1.2 Local Rule 141.1(c): Pursuant to Local Rule 141.1(c), all stipulations seeking entry of a
15 protective order must set forth the following provisions identifying (1) the information to be protected in
16 general terms, (2) the need for the protection, and (3) why the protection should be addressed by order
17 rather than private agreement:
18 1.2(a) Apart from any confidential information that may be disclosed during the general
19 course of litigation not yet known to the Parties, Defendant anticipates that it will disclose attorney-
20 client privileged information to Plaintiff in support of its defenses, including sensitive, confidential
21 analyses related to a reduction in force.
22 1.2(b) Apart from other needs for protection arising from yet-unknown categories of
23 confidential information that are yet unknown to the Parties but that may yet become relevant to the
24 subject matter of litigation, the aforementioned attorney-client privileged information includes third-
25 party, personal information that should not be subject to public disclosure.
26 1.2(c) Though Defendant does not anticipate that Plaintiff and her counsel will do
27 anything other than exercise their best efforts in good faith to maintain the confidentiality of this
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1 unrelated to the merits of this lawsuit, would be best served by a court order easily enforced in a timely
2 fashion, rather than attempting to enforce a private agreement by first obtaining a court order based upon
3 that agreement.
4 1.2(d) Because of the anticipated voluminous nature of the documents to be produced
5 subject to both a CONFIDENTIAL and HIGHLY CONFIDENTIAL designation, the Parties believe it is
6 in both their and the Courts interest to agree to a methodology for challenging such designations in order
7 to prevent needless and excessive motion practice.
8 2. DEFINITIONS
9 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items
10 under this Order.
11 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored
12 or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c).
13 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their
14 support staff).
15 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in
16 disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
17 ATTORNEYS’ EYES ONLY” [Optional: or “HIGHLY CONFIDENTIAL – SOURCE CODE”].
18 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner
19 in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible
20 things), that are produced or generated in disclosures or responses to discovery in this matter.
21 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation
22 who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action,
23 (2) is not a past or current employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not
24 anticipated to become an employee of a Party or of a Party’s competitor.
25 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely
26 sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-Party would create a
27 substantial risk of serious harm that could not be avoided by less restrictive means.
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1 include Outside Counsel of Record or any other outside counsel.
2 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not
3 named as a Party to this action.
4 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action but are
5 retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are
6 affiliated with a law firm which has appeared on behalf of that party.
7 2.11 Party: any party to this action, including all of its officers, directors, employees, consultants,
8 retained experts, and Outside Counsel of Record (and their support staffs).
9 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this
10 action.
11 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
12 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
13 retrieving data in any form or medium) and their employees and subcontractors.
14 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
15 “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
16 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
17 3. SCOPE
18 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined
19 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts,
20 summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by
21 Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this
22 Stipulation and Order do not cover the following information: (a) any information that is in the public domain at
23 the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a
24 Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the
25 public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the
26 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information
27 lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial
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1 4. DURATION
2 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall
3 remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final
4 disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or
5 without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings,
6 remands, trials, or reviews of this action, including the time limits for filing any motions or applications for
7 extension of time pursuant to applicable law.
8 5. DESIGNATION PROTECTED MATERIAL
9 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party
10 that designates information or items for protection under this Order must take care to limit any such designation to
11 specific material that qualifies under the appropriate standards. To the extent it is practical to do so, the
12 Designating Party must designate for protection only those parts of material, documents, items, or oral or written
13 communications that qualify – so that other portions of the material, documents, items, or communications for
14 which protection is not warranted are not swept unjustifiably within the ambit of this Order.
15 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly
16 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case
17 development process or to impose unnecessary expenses and burdens on other parties) expose the Designating
18 Party to sanctions.
19 If it comes to a Designating Party’s attention that information or items that it designated for protection do
20 not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating
21 Party must promptly notify all other parties that it is withdrawing the mistaken designation.
22 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second
23 paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
24 Material that qualifies for protection under this Order must be clearly so designated before the material is
25 disclosed or produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of
28 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected material. If
2 only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly
3 identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each
4 portion, the level of protection being asserted.
5 A Party or Non-Party that makes original documents or materials available for inspection need not
6 designate them for protection until after the inspecting Party has indicated which material it would like copied and
7 produced. During the inspection and before the designation, all of the material made available for inspection shall
8 be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has
9 identified the documents it wants copied and produced, the Producing Party must determine which documents, or
10 portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the
11 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
12 ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only a portion or portions of the
13 material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s)
14 (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level of protection
15 being asserted.
16 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party
17 identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony and
18 specify the level of protection being asserted. When it is impractical to identify separately each portion of
19 testimony that is entitled to protection and it appears that substantial portions of the testimony may qualify for
20 protection, the Designating Party may invoke on the record (before the deposition, hearing, or other proceeding is
21 concluded) a right to have up to 21 days to identify the specific portions of the testimony as to which protection is
22 sought and to specify the level of protection being asserted. Only those portions of the testimony that are
23 appropriately designated for protection within the 21 days shall be covered by the provisions of this Stipulated
24 Protective Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 days afterwards if
25 that period is properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY
26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
27 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other
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1 individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at
2 those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its
3 designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
4 Transcripts containing Protected Material shall have an obvious legend on the title page that the
5 transcript contains Protected Material, and the title page shall be followed by a list of all pages (including
6 line numbers as appropriate) that have been designated as Protected Material and the level of protection
7 being asserted by the Designating Party. The Designating Party shall inform the court reporter of these
8 requirements. Any transcript that is prepared before the expiration of a 21-day period for designation shall
9 be treated during that period as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
10 EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that period, the transcript
11 shall be treated only as actually designated.
12 (c) for information produced in some form other than documentary and for any other tangible items, that
13 the Producing Party affix in a prominent place on the exterior of the container or containers in which the
14 information or item is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
15 EYES ONLY”. If only a portion or portions of the information or item warrant protection, the Producing Party, to
16 the extent practicable, shall identify the protected portion(s) and specify the level of protection being asserted.
17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified
18 information or items does not, standing alone, waive the Designating Party’s right to secure protection under this
19 Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable
20 efforts to assure that the material is treated in accordance with the provisions of this Order.
21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at
23 any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid
24 foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the
25 litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a
26 challenge promptly after the original designation is disclosed.
27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing
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1 ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to
2 confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties shall
3 attempt to resolve each challenge in good faith and must begin the process by conferring directly (in voice to
4 voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of notice.
5 In conferring, the Challenging Party must explain the basis for its belief that the confidentiality designation was
6 not proper and must give the Designating Party an opportunity to review the designated material, to reconsider the
7 circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. A
8 Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and
9 confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer
10 process in a timely manner.
11 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the
12 Designating Party shall file and serve a motion to retain confidentiality under Local Rule 230 (and in compliance
13 with Rule 141, if applicable) within 21 days of the initial notice of challenge or within 14 days of the parties
14 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier.1 Each such motion
15 must be accompanied by a competent declaration affirming that the movant has complied with the meet and
16 confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a motion
17 including the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the
18 confidentiality designation for each challenged designation. In addition, the Challenging Party may file a motion
19 challenging a confidentiality designation at any time if there is good cause for doing so, including a challenge to
20 the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision
21 must be accompanied by a competent declaration affirming that the movant has complied with the meet and
22 confer requirements imposed by the preceding paragraph.
23 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous
24 challenges and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens
25 on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived the
26 confidentiality designation by failing to file a motion to retain confidentiality as described above, all parties shall
27 1 Alternative: It may be appropriate in certain circumstances for the parties to agree to shift the burden to move on the
Challenging Party after a certain number of challenges are made to avoid an abuse of the process. The burden of persuasion
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1 continue to afford the material in question the level of protection to which it is entitled under the Producing
2 Party’s designation until the court rules on the challenge.
3 7. ACCESS AND USE OF PROTECTED MATERIAL
4 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by
5 another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to
6 settle this litigation. Such Protected Material may be disclosed only to the categories of persons and under the
7 conditions described in this Order. When the litigation has been terminated, a Receiving Party must comply with
8 the provisions of section 15 below (FINAL DISPOSITION).
9 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure
10 manner2 that ensures that access is limited to the persons authorized under this Order.
11 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or
12 permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated
13 “CONFIDENTIAL” only to:
14 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside
15 Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation and who have
16 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
17 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom
18 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
19 to Be Bound” (Exhibit A);
20 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary
21 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (d) the court and its personnel;
23 (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom
24 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
25 to Be Bound” (Exhibit A);
26 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who
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2 It may be appropriate under certain circumstances to require the Receiving Party to store any electronic Protected Material
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1 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
2 Designating Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions
3 that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to anyone
4 except as permitted under this Stipulated Protective Order.
5 (g) the author or recipient of a document containing the information or a custodian or other person who
6 otherwise possessed or knew the information.
7 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”Information or Items. Unless
8 otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose
9 any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside
11 Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation and who have
12 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
13 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, (2)
14 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the
15 procedures set forth in paragraph 7.4(a)(2), below, have been followed];
16 (c) the court and its personnel;
17 (d) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom
18 disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement
19 to Be Bound” (Exhibit A); and
20 (f) the author or recipient of a document containing the information or a custodian or other person who
21 otherwise possessed or knew the information.
22 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL –
23 ATTORNEYS’ EYES ONLY” Information or Items to Designated House Counsel or Experts.
24 (a)(1) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a Party that
25 seeks to disclose to Designated House Counsel any information or item that has been designated “HIGHLY
26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) first must make a written
27 request to the Designating Party that (1) sets forth the full name of the Designated House Counsel and the city and
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1 future primary job duties and responsibilities in sufficient detail to determine if House Counsel is involved, or
2 may become involved, in any competitive decision-making.
3 (a)(2) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a Party that
4 seeks to disclose to an Expert (as defined in this Order) any information or item that has been designated
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) first must make a
6 written request to the Designating Party that (1) identifies the general categories of “HIGHLY CONFIDENTIAL
7 – ATTORNEYS’ EYES ONLY” information that the Receiving Party seeks permission to disclose to the Expert,
8 (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) attaches a copy
9 of the Expert’s current resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or entity
10 from whom the Expert has received compensation or funding for work in his or her areas of expertise or to whom
11 the expert has provided professional services, including in connection with a litigation, at any time during the
12 preceding five years, and (6) identifies (by name and number of the case, filing date, and location of court) any
13 litigation in connection with which the Expert has offered expert testimony, including through a declaration,
14 report, or testimony at a deposition or trial, during the preceding five years.
15 (b) A Party that makes a request and provides the information specified in the preceding respective
16 paragraphs may disclose the subject Protected Material to the identified Designated House Counsel or Expert
17 unless, within 14 days of delivering the request, the Party receives a written objection from the Designating Party.
18 Any such objection must set forth in detail the grounds on which it is based.
19 (c) A Party that receives a timely written objection must meet and confer with the Designating Party
20 (through direct voice to voice dialogue) to try to resolve the matter by agreement within seven days of the written
21 objection. If no agreement is reached, the Party seeking to make the disclosure to Designated House Counsel or
22 the Expert may file a motion as provided in Local Rule 230 (and in compliance with Rule 141, if applicable)
23 seeking permission from the court to do so. Any such motion must describe the circumstances with specificity, set
24 forth in detail the reasons why the disclosure to Designated House Counsel or the Expert is reasonably necessary,
25 assess the risk of harm that the disclosure would entail, and suggest any additional means that could be used to
26 reduce that risk. In addition, any such motion must be accompanied by a competent declaration describing the
27 parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer
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1 disclosure.
2 In any such proceeding, the Party opposing disclosure to Designated House Counsel or the Expert shall
3 bear the burden of proving that the risk of harm that the disclosure would entail (under the safeguards proposed)
4 outweighs the Receiving Party’s need to disclose the Protected Material to its Designated House Counsel or
5 Expert.
6 8. MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation that compels
8 disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY
9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
10 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the
11 subpoena or court order;
12 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other
13 litigation that some or all of the material covered by the subpoena or order is subject to this Protective
14 Order. Such notification shall include a copy of this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
16 Party whose Protected Material may be affected.3
17 If the Designating Party timely seeks a protective order, the Party served with the subpoena or
18 court order shall not produce any information designated in this action as “CONFIDENTIAL” or
19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY" before a determination by the court from
20 which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission.
21 The Designating Party shall bear the burden and expense of seeking protection in that court of its
22 confidential material – and nothing in these provisions should be construed as authorizing or
23 encouraging a Receiving Party in this action to disobey a lawful directive from another court.
24 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
25 LITIGATION
26 (a) The terms of this Order are applicable to information produced by a Non-Party in this
27 3 The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to afford
the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the
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1 action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2 ONLY”. Such information produced by Non-Parties in connection with this litigation is protected by the
3 remedies and relief provided by this Order. Nothing in these provisions should be construed as
4 prohibiting a Non-Party from seeking additional protections.
5 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
6 Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-
7 Party not to produce the Non-Party’s confidential information, then the Party shall:
8 1. promptly notify in writing the Requesting Party and the Non-Party that some or all of the
9 information requested is subject to a confidentiality agreement with a Non-Party;
10 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation,
11 the relevant discovery request(s), and a reasonably specific description of the information requested; and
12 3. make the information requested available for inspection by the Non-Party.
13 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days
14 of receiving the notice and accompanying information, the Receiving Party may produce the Non-
15 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a
16 protective order, the Receiving Party shall not produce any information in its possession or control that
17 is subject to the confidentiality agreement with the Non-Party before a determination by the court.4
18 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking
19 protection in this court of its Protected Material.
20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any
22 person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must
23 immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to
24 retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized
25 disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the
26 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
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4 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to
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1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
2 MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
4 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are
5 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
6 whatever procedure may be established in an e-discovery order that provides for production without
7 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
8 an agreement on the effect of disclosure of a communication or information covered by the attorney-
9 client privilege or work product protection, the parties may incorporate their agreement in the stipulated
10 protective order submitted to the court.
11 12. MISCELLANEOUS
12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
13 modification by the court in the future.
14 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party
15 waives any right it otherwise would have to object to disclosing or producing any information or item on any
16 ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any
17 ground to use in evidence of any of the material covered by this Protective Order.
18 12.3 Filing Protected Material. Without written permission from the Designating Party or a court order
19 secured after appropriate notice to all interested persons, a Party may not file in the public record in this action
20 any Protected Material. A Party that seeks to file under seal any Protected Material must comply with Rule 141.
21 Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific
22 Protected Material at issue. Pursuant to Rule 141, a sealing order will issue only upon a request establishing that
23 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under
24 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Rule 141 is denied by the
25 court, then the Receiving Party may file the Protected Material in the public record pursuant to Rule 141 unless
26 otherwise instructed by the court.
27 13. FINAL DISPOSITION
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1 must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision,
2 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing
3 or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving
4 Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the
5 Designating Party) by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected
6 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
7 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material.
8 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
9 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
10 reports, attorney work product, and consultant and expert work product, even if such materials contain Protected
11 Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective
12 Order as set forth in Section 4 (DURATION).
13 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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16 Dated: September 17, 2025 LITTLER MENDELSON, P.C.
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/s/ Matt Maler
18 Irene V. Fitzgerald
Matt Maler
19 Attorneys for Defendant
UNIVISION TELEVISION GROUP, INC.
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23 Dated: September 17, 2025 TOM WHEELER LAW, APC
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/s/ Thomas E. Wheeler (consent given [9/17/25])
25 Thomas E. Wheeler
Attorneys for Plaintiff
26 SHARABETH GALINDO
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1 ORDER
2 The Court has reviewed the Stipulated Protective Order filed by Plaintiff Sharabeth Galindo
3 (“Plaintiff”) and Defendant Univision Television Group, Inc. (“Defendant”), through their counsel of
4 record, requesting that the Court enter an Order. Having considered the above stipulation, and finding
5 good cause, the Court adopts the signed stipulated protective order. (Doc. 8.)
6 The parties are advised that pursuant to the Local Rules of the United States District Court,
7 Eastern District of California, any documents subject to the protective order to be filed under seal must
8 be accompanied by a written request which complies with Local Rule 141 prior to sealing. The party
9 making a request to file documents under seal shall be required to show good cause for documents
10 attached to a non-dispositive motion or compelling reasons for documents attached to a dispositive
11 motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) days of
12 any approved document filed under seal, the party shall file a redacted copy of the sealed document. The
13 redactions shall be narrowly tailored to protect only the information that is confidential or was deemed
14 confidential.
15 Additionally, the parties shall consider resolving any dispute arising under the protective order
16 according to the Court’s informal discovery dispute procedure.
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IT IS SO ORDERED.
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19 Dated: September 23, 2025 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE
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