The opinion
1 Douglas E. Dexter (State Bar No. 115868)
ddexter@fbm.com
2 Kevin L. Jones (State Bar No. 324068)
kjones@fbm.com
3 Margaret J.C. Salisbury (State Bar No. 354442)
msalisbury@fbm.com
4 Farella Braun + Martel LLP
One Bush Street, Suite 900
5 San Francisco, California 94104
Telephone: (415) 954-4400
6 Facsimile: (415) 954-4480
7 Attorneys for Defendant
AMAZON.COM SERVICES LLC
8
9 UNITED STATES DISTRICT COURT
10 EASTERN DISTRICT OF CALIFORNIA
11 SACRAMENTO DIVISION
12
13 DANIELLE LUGO, Case No. 2:25-cv-01193-WBS-CKD
14 Plaintiff, STIPULATED PROTECTIVE ORDER
15 vs. WITH MODIFICATIONS BY THE COURT
16 AMAZON.COM SERVICES LLC; and Chief Magistrate Judge Carolyn K. Delaney
DOES 1 through 20, inclusive,
17 Courtroom 24, 8th Floor
Defendants.
18 Trial Date: Not Set
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1 IT IS HEREBY STIPULATED by and between Plaintiff DANIELLE LUGO (“Plaintiff”)
2 and Defendant AMAZON.COM SERVICES LLC (“Defendant”) (collectively “the parties”),
3 through their respective attorneys of record, hereby stipulate for the purpose of jointly requesting
4 that the honorable Court enter a protective order regarding confidential documents and
5 information in this matter (and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, as well as, U.S. Dist. Ct.,
6 E.D. Cal. Local Rule 141, 141.1, 143, and 251) as follows:
7 1. PURPOSES AND LIMITATIONS
8 Disclosure and discovery activity in this action are likely to involve the production of
9 confidential, proprietary, sensitive, and/or private information that has not been disseminated to
10 the public, which is not readily discoverable by competitors, and has been the subject of
11 reasonable efforts by the parties to maintain its secrecy. Such information warrants special
12 protection from public disclosure and from use for any purpose other than prosecuting this
13 litigation. Accordingly, the parties hereby stipulate to the following Stipulated Protective Order,
14 which, among other things, identifies categories of “CONFIDENTIAL” information and items,
15 and how the parties may use and disclose such information and items. Pursuant to Local Rule
16 141.1(c)(3), the Parties request that this Court “So Order” the following Stipulated Protective
17 Order to ensure that the parties have sufficient recourse if they cannot resolve a dispute amongst
18 themselves; need to modify any terms of this Order; and/or if a third party violates the terms of
19 this Order.
20 The parties acknowledge that this Stipulated Protective Order does not confer blanket
21 protections on all disclosures or responses to discovery and that the protection it affords from
22 public disclosure and use extends only to the limited information or items that are entitled to
23 confidential treatment under the applicable legal principles. The parties further acknowledge, as
24 set forth in Paragraph 13.4, below, that this Stipulated Protective Order does not entitle them to
25 file confidential information under seal; Civil Local Rule 141 sets forth the procedures that must
26 be followed and the standards that will be applied when a party seeks permission from the Court to
27 file material under seal.
1 A. Good Cause Statement Pursuant to Fed. R. Civ. P. 26
2 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
4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties stipulate to and petition the Court to enter the following Stipulated
6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
7 all disclosures or responses to discovery, and that the protection it affords from public disclosure
8 and use extends only to the limited information or items that are entitled to confidential treatment
9 under applicable legal principles. The parties recognize that, generally, the public can gain access
10 to litigation documents and information produced during discovery unless the party opposing
11 disclosure shows “good cause” why a protective order is necessary. See Fed. R. Civ. P. 26(c)(1).
12 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
13 disputes over confidentiality of discovery materials, to adequately protect information the parties
14 are entitled to keep confidential, to ensure that the parties are permitted reasonable, necessary uses
15 of such material in preparation for and in the conduct of trial, to address their handling at the end
16 of the litigation, and serve the ends of justice, a protective order for such information is justified in
17 this matter. It is the intent of the parties that information will not be designated as confidential for
18 tactical reasons and that nothing be so designated without a good faith belief that it has been
19 maintained in a confidential, non-public manner, and there is good cause why it should not be part
20 of the public record of this case.
21 B. Statement Pursuant to L.R. 141.1
22 In accordance with the provisions of Local Rule 141.1, the parties state as follows:
23 (1) L.R. 141.1(c)(1): The information eligible for a protective order in this case is:
24 a. Medical records of parties and non-parties, including but not limited records
25 of medical, psychological, or psychiatric diagnosis and/or treatment, which
26 records may contain private health information and other sensitive and
27 private personal identifying information
1 investigation-related documents, or other information that would constitute
2 an unwarranted invasion of personal privacy of the individuals involved or
3 that contains personally identifiable information;
4 c. Confidential internal policies which are generally unavailable to the public,
5 governing the management and/or supervision of employees and payment
6 of employee wages and/or benefits;
7 d. Confidential and proprietary employee training materials and job tasks and
8 descriptions concerning the processing and handling of goods and products
9 not known to the public;
10 e. Confidential documents reflecting Defendants’ corporate and organizational
11 structure, including the identification and personally identifiable
12 information of non-party individuals; and,
13 f. Financial records of parties and non-parties, including earnings statements,
14 tax forms, bank statements, credit statements, and other sensitive and
15 private records containing financial and personal identifying information.
16 (2) L.R. 141.1(c)(2): Generally speaking, information and documents shall only be
17 designated under the protective order because the Designating Party has a good faith basis to
18 believe the information is protectable under the “good cause” standard of Rule 26(c). Specifically,
19 a particularized need exists as to these categories as follows:
20 a. Personnel and personal information as described in (a), (b), (d) and (f),
21 above meets the “good cause” standard because, by definition, such
22 information invades the personal privacy of the affected individuals.
23
24 (3) L.R. 141.1(c)(3): The Parties submit that a stipulated Protective Order is the most
25 efficient method for the parties and the Court to address legitimate confidentiality concerns. The
26 parties have met and conferred on this issue and agree that any private agreement between the
27 parties to safeguard this information will only need to be replicated through orders of this Court at
1 2. DEFINITIONS
2 2.1 Action: This pending federal lawsuit, means the above-entitled proceeding,
3 Danielle Lugo v. Amazon.com Services LLC, Case No.: 2:25-cv-01193-WBS-CKD, United States
4 District Court, Eastern District of California, 2:24-cv-01035-DAD-CKD.
5 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
6 information or items under this Order.
7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is
8 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
9 of Civil Procedure 26(c). CONFIDENTIAL Information or Items may include, without limitation,
10 any Documents, Testimony or Information that the Designating Party in good faith believes to
11 contain non-public information that is entitled to confidential treatment under applicable law.
12 2.4 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as
13 well as their support staff).
14 2.5 Designating Party: a Party or Non-Party that designates information or items
15 produced in disclosures or in responses to discovery, or testimony at a deposition, as
16 “CONFIDENTIAL.”
17 2.6 Disclosure or Discovery Material: all items or information, regardless of the
18 medium or manner in which it is generated, stored, or maintained (including, among other things,
19 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
20 responses to discovery in this matter, including but not limited to, answers to interrogatories,
21 responses to requests for production, responses to requests for admission, and transcripts of
22 depositions and hearings (or portions of such transcripts).
23 2.7 “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms
24 are defined by California Evidence Code Sections 250, 255, and 260, which have been produced
25 in discovery in this Proceeding by any person or entity, and (ii) any copies, reproductions, or
26 summaries of all or any part of the foregoing.
27 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to
1 consultant in this Action.
2 2.9 Trade Secret: information, including a formula, pattern, compilation, program,
3 device, method, technique, or process that: (i) derives independent economic value, actual or
4 potential, from not being generally known to the public or to other persons who can obtain
5 economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable
6 under the circumstances to maintain its secrecy.
7 2.10 In-House Counsel: attorneys who are employees of a Party to this Action. In-House
8 Counsel does not include Outside Counsel of Record or any other outside counsel.
9 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal
10 entity not named as a Party to this Action.
11 2.12 Outside Counsel of Record: attorneys who are not employees of a party to this
12 Action but are retained to represent or advise a party to this Action and have appeared in this
13 Action on behalf of that party or are affiliated and/or associated with a law firm which has
14 appeared on behalf of that party, and their support staff.
15 2.13 Party: any party to this Action, including all of its officers, directors, employees,
16 Experts, and Outside Counsel of Record (and their support staffs).
17 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
18 Material in this Action.
19 2.15 Professional Vendors: persons or entities that provide litigation support services
20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
21 processing, organizing, storing, or retrieving data in any form or medium) to a Party and their
22 employees and subcontractors.
23 2.16 Protected Material: any Disclosure or Discovery Material that is designated as
24 “CONFIDENTIAL.”
25 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a
26 Producing Party.
27 3. SCOPE
1 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
2 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
3 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
4 However, the protections conferred by this Stipulation and Order do not cover the following
5 information: (a) any information that is in the public domain at the time of disclosure to a
6 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
7 result of publication not involving a violation of this Order; and (b) any information known to the
8 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 will be governed by a separate
11 agreement or order to be prepared by the Parties for submission to the Court for approval prior to
12 the final pre-trial conference.
13 4. DURATION
14 Even after final disposition of this litigation, the confidentiality obligations imposed by this
15 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
16 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
17 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the
18 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
19 including the time limits for filing any motions or applications for extension of time pursuant to
20 applicable law. For a period of six (6) months after final disposition of this litigation, this Court
21 will retain jurisdiction to enforce the terms of this Order.
22 5. DESIGNATING PROTECTED MATERIAL
23 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
24 or Non-Party that designates information or items for protection under this Order must take care to
25 limit any such designation to specific material that qualifies under the appropriate standards. The
26 Designating Party must designate for protection only the portions of material, documents, items,
27 or oral or written communications that qualify so that other portions of the material, documents,
1 practicable. Mass, indiscriminate, or routinized designations are prohibited. Designations that are
2 shown to have been made for an improper purpose (e.g., to unnecessarily encumber or retard the
3 case development process or to impose unnecessary expenses and burdens on other parties) expose
4 the Designating Party to sanctions. If it comes to a Designating Party’s attention that information
5 or items that it designated for protection do not qualify for protection, then the Designating Party
6 must promptly notify all other Parties that it is withdrawing the inapplicable designation.
7 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
8 (see, e.g., Paragraphs 5.2(b) below), or as otherwise stipulated or ordered, Disclosure or Discovery
9 Material that qualifies for protection under this Order must be clearly so designated before the
10 material is disclosed or produced. Designation in conformity with this Order requires:
11 (a) For information in documentary form (e.g., paper or electronic documents, but
12 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
13 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a
14 portion or portions of the material on a page qualifies for protection, the Producing Party also must
15 clearly identify the protected portion(s) (e.g. by making appropriate markings in the margins).
16 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the
17 Designating Party identify on the record, before the close of the deposition, hearing, or other
18 proceeding, or within thirty (30) days of receipt of the deposition transcript from the court reporter
19 (“30-day period”) all protected testimony, Disclosure or other proceeding. Where such a
20 designation is timely made, before the close of the deposition, hearing, or other proceeding, the
21 entire deposition transcript will be considered by the Parties as “CONFIDENTIAL” for a 30-day
22 period. After the 30-day period, if no Party has designated some or all of that deposition transcript
23 as “CONFIDENTIAL” under this Protective Order, the entire deposition, or those portions of the
24 deposition not designated as confidential, will no longer be considered confidential.
25 (c) For information produced in some form other than documentary and for any other
26 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
27 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
1 practicable, shall identify the protected portion(s). For any information transmitted by electronic
2 means, the label “CONFIDENTIAL” shall appear on the subject of the electronic mail, or on the
3 title of the digital document or documents or other media through which they are conveyed.
4 Similarly, if only a portion or portions of the information warrants protection, the Producing Party,
5 to the extent practicable, shall identify the protected portion(s).
6 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
7 designate qualified information or items does not, standing alone, waive the Designating Party’s
8 right to secure protection under this Order for such material. Upon timely correction of a
9 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
10 in accordance with the provisions of this Order.
11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
12 6.1 Timing of Challenges. Any Party may challenge a designation of confidentiality at
13 any time that is consistent with the Court’s Scheduling Order.
14 6.2 Form of Challenges. Any Party may dispute any other Party’s designation of any
15 Discovery Material as Protected Material at any time by serving a written notice of objection
16 (“Notice of Objection”) to such designation upon the Designating Party, with copies to every other
17 Party. The Notice of Objection shall specify the material or information (including an
18 identification of each document or group of documents by Bates number) that the objecting Party
19 (the “Challenging Party”) believes is not properly designated and, for each document for which
20 the designation is challenged, shall set forth the reasons why the designation is improper and
21 should be removed.
22 6.3 Meet and Confer. The Parties shall attempt to resolve each challenge in good faith
23 and may begin the process by conferring directly (in voice-to-voice dialogue; other forms of
24 communication are not sufficient) within seven (7) business days of the date of service of the
25 Notice of Objection. In conferring, the Challenging Party must explain the basis for its belief that
26 the confidentiality designation was not proper and must give the Designating Party an opportunity
27 to review the designated material, to reconsider the circumstances, and, if no change in
1 proceed to the next stage of the challenge process only if it has engaged in this meet and confer
2 process first or establishes that the Designating Party is unwilling to participate in the meet and
3 confer process in a timely manner.
4 6.4 Judicial Intervention. If the Parties cannot resolve a challenge without court
5 intervention, the Designating Party shall file and serve a motion to retain confidentiality under
6 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of
7 the meet and confer on the challenge or within 14 days of the parties agreeing that the meet and
8 confer process will not resolve their dispute, whichever is earlier. Each such motion must be
9 accompanied by a competent declaration affirming that the movant has complied with the meet
10 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
11 make such a motion including the required declaration within 21 days (or 14 days, if applicable)
12 shall automatically waive the confidentiality designation for each challenged designation. In
13 addition, the Challenging Party may file a motion challenging a confidentiality designation at any
14 time if there is good cause for doing so, including a challenge to the designation of a deposition
15 transcript or any portions thereof. Any motion brought pursuant to this provision must be
16 accompanied by a competent declaration affirming that the movant has complied with the meet
17 and confer requirements imposed by the preceding paragraph.
18 The burden of persuasion in any challenge proceeding shall be on the Designating Party.
19 Unless the Designating Party has expressly waived the confidentiality designation by failing to file
20 a motion to retain confidentiality as described above, all parties shall continue to afford the
21 material in question the level of protection to which it is entitled under the Producing Party’s
22 designation until the Court rules on the challenge.
23 7. ACCESS TO AND USE OF PROTECTED MATERIAL
24 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
25 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
26 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
27 the categories of persons and under the conditions described in this Order. When the litigation has
1 (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party
2 at a location and in a secure manner that ensures that access is limited to the persons authorized
3 under this Order.
4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. CONFIDENTIAL
5 Information or Items may contain sensitive personnel information and/or non-public business
6 information. Accordingly, unless otherwise ordered by the Court or permitted in writing by the
7 Designating Party, a Receiving Party may disclose any information or item designated
8 “CONFIDENTIAL” only to the following individuals under the following conditions:
9 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
10 employees or contractors of said Outside Counsel of Record to whom it is reasonably necessary to
11 disclose the information for this litigation;
12 (b) the directors, officers, and employees (including In-House Counsel) of the Parties
13 to whom disclosure is reasonably necessary for this litigation and who have signed the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
16 reasonably necessary for this litigation and who have signed the “Acknowledgment and
17 Agreement to Be Bound” (Exhibit A);
18 (d) the Court and its personnel;
19 (e) court reporters and their staff, professional jury or trial consultants, mock jurors,
20 and professional vendors (such as litigation support services or settlement/notice administrators) to
21 whom disclosure is reasonably necessary for this Action and who have signed the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (f) any deponent, to whom disclosure is reasonably necessary and who has signed the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), may be shown or examined on any
25 information, document or thing designated “CONFIDENTIAL” unless otherwise agreed by the
26 Parties or ordered by the Court.
27 (g) a witness who has authored or received a copy of the information, document or
1 (h) any other person as to whom the Designating Party has consented to disclosure in
2 advance;
3 (i) such other persons as may be ordered by the Court; and
4 (j) any mediator or settlement officer, and their supporting personnel, mutually agreed
5 upon by Parties engaged in settlement discussions.
6 8. PROCEDURE FOR DISCLOSURES TO EXPERTS
7 Prior to disclosing “CONFIDENTIAL” Material to a Receiving Party’s Expert, the
8 Receiving Party must obtain an executed version of the “Acknowledgement and Agreement to Be
9 Bound” that is attached hereto as Exhibit A. Nothing herein shall be construed as to limit the right
10 of a Party to object to any expert.
11 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
12 OTHER LITIGATION
13 If a Receiving Party is served with a subpoena or a court order issued in other litigation
14 that would compel disclosure of any information or items designated in this Action as
15 “CONFIDENTIAL” the Receiving Party must:
16 (a) promptly notify in writing the Designating Party (by fax and email, if possible).
17 Such notification must include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order to issue in
19 the other litigation that some or all of the material covered by the subpoena or order is subject to
20 this Order. Such notification shall include a copy of this Order; and (c) cooperate with respect to
21 all reasonable procedures sought to be pursued by the Designating Party whose Protected Material
22 may be affected. If the Designating Party timely seeks a protective order, the Receiving Party
23 served with the subpoena or court order shall not produce any information designated in this
24 Action as “CONFIDENTIAL” before a determination by the court from which the subpoena or
25 order issued, unless the Party has obtained the Designating Party’s permission. The Designating
26 Party shall bear the burden and expense of seeking production in that court of its confidential
27 material – and nothing in these provisions should be construed as authorizing or encouraging a
1 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
2 THIS LITIGATION
3 (a) The terms of this Order are applicable to information produced by a Non-Party in
4 this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
5 connection with this litigation is protected by the remedies and relief provided by this Order.
6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
7 additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
9 Party’s confidential information in its possession, and the Party is subject to an agreement with the
10 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
11 (1) promptly notify in writing the Requesting Party and the Non-Party that
12 some or all of the information requested is subject to a confidentiality agreement with a Non-Party
13 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
14 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of
15 the information requested; and (3) make the information requested available for inspection by the
16 Non-Party.
17 (c) If the Non-Party fails to object or seek a protective order from this Court within 14
18 days of receiving the notice and accompanying information, the Receiving Party may produce the
19 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
20 seeks a protective order, the Receiving Party shall not produce any information in its possession or
21 control that is subject to the confidentiality agreement with the Non-Party before determination by
22 the Court. Absent a Court order to the contrary, the Non-Party shall bear the burden and expense
23 of seeking protection in this court of its Protected Material.
24 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
26 Material to any person or in any circumstance not authorized under this Order, the Receiving Party
27 must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b)
1 person or persons to whom unauthorized disclosures were made of all the terms of this Order, and
2 (d) request such person or persons to execute the “Acknowledgement and Agreement to Be
3 Bound” that is attached hereto as Exhibit A.
4 The purpose of this provision is to alert the interested parties to the existence of
5 confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its
6 confidentiality interests in this Court.
7 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
8 PROTECTED MATERIAL
9 When a Producing Party gives notice to Receiving Parties that certain inadvertently
10 produced material is subject to a claim of privilege or other protection, the obligations of the
11 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
12 provision is not intended to modify whatever procedure may be established in an e-discovery order
13 that provides for production without prior privilege review.
14 If a Disclosing Party discloses information in connection with the pending litigation that
15 the Disclosing Party thereafter claims to be privileged or protected by the attorney-client privilege
16 or work product protection (“Protected Information”), the disclosure of that Protected Information
17 will not constitute or be deemed a waiver or forfeiture, in this or any other action, of any claim of
18 privilege or work product protection that the Disclosing Party would otherwise be entitled to assert
19 with respect to the Protected Information and its subject matter.
20 A Disclosing Party must promptly notify the Receiving Party, in writing, that it has
21 disclosed Protected Information without intending a waiver by the disclosure and explain, in
22 writing, why the Protected Information is privileged. Upon notification, the Receiving Party must,
23 unless it contests the claim of attorney-client privilege or work product protection, promptly: (i)
24 notify the Disclosing Party that it will make best efforts to identify and return, sequester or destroy
25 (or in the case of electronically-stored information, delete) the Protected Information and any
26 reasonably accessible copies it has; and (ii) provide a certification that it will cease further review,
27 dissemination, and use of the Protected Information.
1 protection, the Disclosing Party must, within five (5) business days of receipt of the notice of
2 disclosure, move the Court for a protective order regarding the disclosure of the information
3 claimed (a “Protective Motion”). The Disclosing Party will seek an order of Court permitting the
4 Protective Motion to be filed in compliance with Civil Local Rule 141. Pending resolution of the
5 Protective Motion, the Receiving Party must not use the challenged information in any way or
6 disclose it to any person other than those required by law to be served with a copy of the
7 Protective Motion.
8 The Disclosing Party retains the burden of establishing the privileged or protected nature
9 of the Protected Information. Nothing in this Order limits the right of any party to petition the
10 Court for an in camera review of the Protected Information.
11 This Stipulated Protective Order constitutes the entry of an order pursuant to FRE 502(e)
12 and is intended to be enforceable to the fullest extent that the Rules provide. The provisions of
13 Federal Rule 502(a) apply when the Disclosing Party uses or indicates that it may use information
14 produced under this Order to support a claim or defense. The provisions of Federal Rule of
15 Evidence 502(b)(2) are inapplicable to the production of Protected Information under this Order.
16 13. MISCELLANEOUS
17 13.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any
18 person to seek its modification by the Court in the future. Any Party may, via a noticed motion or
19 noticed request to the Court, and for good cause shown, seek a modification of this Protective
20 Order. By agreeing to this Protective Order, no Party shall be deemed to have waived the right to
21 modifications later sought by the Party. Nothing in this Protective Order shall limit the Parties’
22 ability to stipulate to the receipt of Protected Material by a particular individual, to the manner in
23 which an individual may receive such Material, or to modifications to deadlines required by this
24 Protective Order.
25 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
26 Order, no Party waives any right it otherwise would have to object to disclosing or producing any
27 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
1 by this Protective Order.
2 13.3 No Modification of Privileges. Nothing in this Order shall modify the law
3 regarding the attorney-client privilege, the attorney work product doctrine, the joint defense
4 privilege, and any other applicable privilege or reason for non-disclosure with respect to trade
5 secrets or other confidential research, development or commercial information to the extent such
6 privilege exists under applicable law.
7 13.4 Filing Protected Material. Without written permission from the Designating Party
8 or a Court order secured after appropriate notice to all interested persons, a Party may not file in
9 the public record in this Action any Protected Material. A Party that seeks to file under seal any
10 Protected Material must comply with Civil Local Rules and all General Orders. Protected Material
11 may only be filed under seal pursuant to a Court order authorizing the sealing of the specific
12 Protected Material at issue. Pursuant to Civil Local Rules 141, a sealing order will issue only upon
13 a request establishing that the Protected Material at issue is privileged, protectable as a trade
14 secret, or otherwise entitled to protection under the law. If a Receiving Party’s request to file
15 Protected Material under seal pursuant to Civil Local Rule 141 is denied by the Court, then the
16 Receiving Party may file the information in the public record unless otherwise instructed by the
17 Court.
18 13.5 Effective Date. This Protective Order shall be effective upon the date of execution
19 by both Parties, unless the Court orders otherwise.
20 14. FINAL DISPOSITION
21 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60)
22 days after the final disposition of this Action, as defined in paragraph 4, above, each Receiving
23 Party must return all Protected Material to the Producing Party or destroy such material. As used
24 in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
25 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
26 the Protected Material is returned or destroyed, the Receiving Party must submit a written
27 certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
1 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained
2 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any
3 of the Protected Material. Notwithstanding this provision, Counsel is entitled to retain an archival
4 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
5 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
6 consultant and expert work product, even if such materials contain Protected Material. Any such
7 archival copies that contain or constitute Protected Material remain subject to this Protective Order
8 as set forth in Paragraph 4 (DURATION), above.
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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11 Dated: October 1, 2025 FARELLA BRAUN + MARTEL LLP
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13 By: /s/ Kevin L. Jones
Kevin L. Jones
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Attorneys for Defendant
15 AMAZON.COM SERVICES LLC
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Dated: October 1, 2025 FREIMAN LEGAL
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By: /s/ Lawrence W. Freiman
19 Lawrence W. Freiman
20 Attorneys for Plaintiff
DANIELLE LUGO
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1 ATTESTATION
2 I hereby attest that all other signatories listed, and on whose behalf the filing is submitted,
3 concur in the filing’s content and have authorized the filing.
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5 DATED: October 1, 2025 /s/ Kevin L. Jones
Attorneys for Defendant
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AMAZON.COM SERVICES LLC
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1 ORDER
2 The Court has reviewed the parties’ stipulated protective order. (ECF No. 14.) The
3 || stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R.
4 || 141.1. The Court APPROVES the protective order, subject to the following clarifications. The
5 || Court’s Local Rules indicate that once an action is closed, it “will not retain jurisdiction over
6 || enforcement of the terms of any protective order filed in that action.” L.R. 141.1(f); see also, e.g.,
7 || MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal. Feb. 03, 2017) (noting that
8 || courts in the district generally do not retain jurisdiction for disputes concerning protective orders
9 || after closure of the case). Thus, the Court will not retain jurisdiction over this protective order
10 || once the case is closed.
11 Further, this Stipulated Protective Order does not entitle a party to file confidential
12 |} information under seal. Local Rule 141 sets forth the procedures that must be followed and the
13 || standards that will be applied when a party seeks permission from the Court to file material under
14 || seal. If a party’s request to file confidential material under seal is denied by the Court, then the
15 || party may file the information in the public record unless otherwise instructed by the Court.
16 Finally, the protective order appears to contain references to local rules from other
17 || districts. See Stip. Prot. Order at 9 (Judicial Intervention section referencing Local Rules 7 and 79-
18 || 5, which do not exist in the Eastern District). To the extent the parties’ protective order references
19 || local rules of other districts, the Court rejects these references and reminds the parties to refer to
20 || the local rules of the Eastern District of California.
21 || Dated: October 8, 2025 ry i ae
CAROLYN K. DELANEY
23 UNITED STATES MAGISTRATE JUDGE
94 || 5, lugo.1193.25
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _______________________________[print or type full name], of
4 ___________________________________ [print or type full address], declare under penalty of
5 perjury that I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Eastern District of California on [date] in the
7 case of Danielle Lugo v. Amazon.com Services LLC, United States District Court, Eastern District
8 of California, 2:25-cv-01193-WBS-CKD. I agree to comply with and to be bound by all the terms
9 of this Stipulated Protective Order and I understand and acknowledge that failure to so comply
10 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I
11 will not disclose in any manner any information or item that is subject to this Stipulated Protective
12 Order to any person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the
14 Eastern 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 __________________ [print or type full name] of
17 ___________________________ [print or type full address and telephone number] as my
18 California agent for service of process in connection with this action or any proceedings related to
19 enforcement of this Stipulated Protective Order.
20 Date: _______________________
21 City and State where sworn and signed: __________________________
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23 Printed name: __________________________
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25 Signature: _____________________________
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