even stipulated protective orders require good cause showing
How later courts described this case
- even stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
Jennifer B. Rubin (SBN 296397)
1 jbrubin@mintz.com
Nicole M. Rivers (SBN 309450)
2 nmrivers@mintz.com
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C.
3 3580 Carmel Mountain Road, Suite 300
San Diego, CA 92130
4 Telephone: (858) 314-1500
Facsimile: (858) 314-1501
5
Attorneys for Defendant
6 EVERBRIDGE, INC.
7
8 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9
10 CRISTINE WICK, an individual, Case No. 2:25-cv-5333-CV-JC
11 DISCOVERY MATTER:
Plaintiff,
12 STIPULATION AND PROPOSED
v. PROTECTIVE ORDER
13
District Judge: Hon. Cynthia Valenzuela
14 EVERBRIDGE, INC., a Delaware
Magistrate Judge: Jacqueline Chooljian
15 corporation; and
DOES 1 - 50, inclusive, [CHANGES MADE BY COURT TO
16 PARAGRAPHS 1, 5, 8.2, 10, 11©, 14.3
17 Defendants. & 15]
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19
20
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24
25
26
27
1 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure
4 and from use for any purpose other than pursuing this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
6 Stipulated Protective Order. The parties acknowledge that this Order does not confer
7 blanket protections on all disclosures or responses to discovery and that the protection
8 it affords from public disclosure and use extends only to the limited information or
9 items that are entitled to confidential treatment under the applicable legal principles.
10 The parties further acknowledge, as set forth Section 14.3, below, that this Stipulated
11 Protective Order does not entitle them to file confidential information under seal; Civil
12 Local Rule 79-5 sets forth the procedures that must be followed and the standards that
13 will be applied when a party seeks permission from the court to file material under seal.
14 Specifically, the parties acknowledge that they must comply with the procedure set
15 forth in Civil Local Rule 79-5.2.2(b) with respect to any documents marked as
16 Confidential or Highly Confidential pursuant to this Stipulated Protective Order.
17 2. GOOD CAUSE STATEMENT
18 This action is likely to involve trade secrets, sales and/or customer data and other
19 valuable research, development, commercial, financial, technical and/or proprietary
20 information for which special protection from public disclosure and from use for any
21 purpose other than prosecution of this action is warranted. Such confidential and
22 proprietary materials and information consist of, among other things, confidential
23 business or financial information, information regarding confidential business
24 practices, or other confidential research, development, or commercial information
25 (including information implicating privacy rights of third parties), algorithms,
26 technology, technical data or information, personnel files, claim/litigation information,
27 nonpublic policies and procedures, personal identifying information, sensitive personal
1 be privileged or otherwise protected from disclosure under state or federal statutes,
2 court rules, case decisions, or common law, or any other information that a party is
3 obligated to preserve as confidential, including all information compiled, derived,
4 excerpted, or generated from such materials. Accordingly, to expedite the flow of
5 information, to facilitate the prompt resolution of disputes over confidentiality of
6 discovery materials, to adequately protect information the parties are entitled or
7 required to keep confidential, to ensure that the Parties are permitted reasonable
8 necessary uses of such material in preparation for and in the conduct of trial, to address
9 their handling at the end of the litigation, and to serve the ends of justice, a protective
10 order for such information is justified in this matter. It is the intent of the Parties that
11 information will not be designated as confidential or highly confidential for tactical
12 reasons and that nothing will be so designated without a good faith belief that it has
13 been maintained in a confidential, non-public manner, and there is good cause why it
14 should not be part of the public record of this case.
15 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
16 The parties further acknowledge, as set forth in Section 14.3, below, that this
17 Stipulated Protective Order does not entitle them to file confidential information under
18 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
19 standards that will be applied when a party seeks permission from the court to file material
20 under seal. There is a strong presumption that the public has a right of access to judicial
21 proceedings and records in civil cases. In connection with non-dispositive motions, good
22 cause must be shown to support a filing under seal. See Kamakana v. City and County of
23 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d
24 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
25 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a
26 specific showing of good cause or compelling reasons with proper evidentiary support and
27 legal justification, must be made with respect to Protected Material that a party seeks to
1 CONFIDENTIAL does not—without the submission of competent evidence by
2 declaration, establishing that the material sought to be filed under seal qualifies as
3 confidential, privileged, or otherwise protectable—constitute good cause.
4 Further, if a party requests sealing related to a dispositive motion or trial, then
5 compelling reasons, not only good cause, for the sealing must be shown, and the relief
6 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v.
7 Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of
8 information, document, or thing sought to be filed or introduced under seal, the party
9 seeking protection must articulate compelling reasons, supported by specific facts and legal
10 justification, for the requested sealing order. Again, competent evidence supporting the
11 application to file documents under seal must be provided by declaration.
12 Any document that is not confidential, privileged, or otherwise protectable in its
13 entirety will not be filed under seal if the confidential portions can be redacted. If documents
14 can be redacted, then a redacted version for public viewing, omitting only the confidential,
15 privileged, or otherwise protectable portions of the document, shall be filed. Any application
16 that seeks to file documents under seal in their entirety should include an explanation of why
17 redaction is not feasible.
18 4. DEFINITIONS
19 4.1 Action: this pending federal lawsuit, Cristine Wick v. Everbridge Inc., No.
20 2:25-cv-5333-CV-JC (C.D. Cal.), and any appeals related thereto.
21 4.2 Challenging Party: a Party or Non-Party that challenges the designation
22 of information or items under this Order.
23 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how
24 it is generated, stored or maintained) or tangible things that qualify for protection under
25 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
26 Statement.
27 ///
1 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
2 support staff).
3 4.5 Designating Party: a Party or Non-Party that designates information or
4 items that it produces in disclosures or in responses to discovery as
5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”
6 4.6 Disclosure or Discovery Material: all items or information, regardless of
7 the medium or manner in which it is generated, stored, or maintained (including, among
8 other things, testimony, transcripts, and tangible things), that are produced or generated
9 in this matter.
10 4.7 Expert: a person with specialized knowledge or experience in a matter
11 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
12 expert witness or as a consultant in this Action.
13 4.8 “HIGHLY CONFIDENTIAL” Information or Items: information
14 (regardless of how it is generated, stored or maintained) or tangible things designated
15 as “HIGHLY CONFIDENTIAL” pursuant to the terms of this Order. “HIGHLY
16 CONFIDENTIAL” information or items consist of any Confidential Information the
17 Producing Party reasonably believes to be so competitively sensitive that it is entitled
18 to extraordinary protections, or otherwise warrants such designation due to its extreme
19 sensitivity, proprietary or personal nature.
20 4.9 House Counsel: attorneys who are employees of a party to this Action.
21 House Counsel does not include Outside Counsel of Record or any other outside
22 counsel.
23 4.10 Non-Party: any natural person, partnership, corporation, association, or
24 other legal entity not named as a Party to this action.
25 4.11 Outside Counsel of Record: attorneys who are not employees of a party
26 to this Action but are retained to represent or advise a party to this Action and have
27 appeared in this Action on behalf of that party or are affiliated with a law firm which
1 4.12 Party: any party to this Action, including all of its officers, directors,
2 employees, consultants, retained experts, and Outside Counsel of Record (and their
3 support staffs).
4 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
5 Discovery Material in this Action.
6 4.14 Professional Vendors: persons or entities that provide litigation support
7 services (e.g., photocopying, videotaping, translating, preparing exhibits or
8 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
9 their employees and subcontractors.
10 4.15 Protected Material: any Disclosure or Discovery Material that is
11 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” including all
12 copies, electronic images, duplicates, extracts, summaries, or descriptions that are
13 generated from or contain information obtained from any Disclosure or Discovery
14 Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”
15 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material
16 from a Producing Party.
17 5. SCOPE
18 The protections conferred by this Stipulation and Order cover not only Protected
19 Material (as defined above), but also (1) any information copied or extracted from
20 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
21 Material; and (3) any testimony, conversations, or presentations by Parties or their
22 Counsel that might reveal Protected Material other than during a court hearing or at
23 trial.
24 Any use of Protected Material during a court hearing or at trial will be governed
25 by the orders of the presiding judge. This Order does not govern the use of Protected
26 Material during a court hearing or at trial.
27 ///
1 6. DURATION
2 Even after final disposition of this litigation, the confidentiality obligations
3 imposed by this Order will remain in effect until a Designating Party agrees otherwise
4 in writing or a court order otherwise directs. Final disposition will be deemed to be the
5 later of (1) dismissal of all claims and defenses in this Action, with or without
6 prejudice; and (2) final judgment herein after the completion and exhaustion of all
7 appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
8 for filing any motions or applications for extension of time pursuant to applicable law.
9 7. DESIGNATING PROTECTED MATERIAL
10 7.1 Exercise of Restraint and Care in Designating Material for Protection.
11 Each Party or Non-Party that designates information or items for protection under this
12 Order must take care to limit any such designation to specific material that qualifies
13 under the appropriate standards. To the extent practical, the Designating Party must
14 designate for protection only those parts of material, documents, items, or oral or
15 written communications that qualify so that other portions of the material, documents,
16 items, or communications for which protection is not warranted are not swept
17 unjustifiably within the ambit of this Order.
18 Mass, indiscriminate, or routinized designations are prohibited. Designations
19 that are shown to be clearly unjustified or that have been made for an improper purpose
20 (e.g., to unnecessarily encumber the case development process or to impose
21 unnecessary expenses and burdens on other parties) may expose the Designating Party
22 to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it
24 designated for protection do not qualify for protection, that Designating Party must
25 promptly notify all other Parties that it is withdrawing the inapplicable designation.
26 7.2 Manner and Timing of Designations. Except as otherwise provided in this
27 Order (see, e.g., second paragraph of Section 7.2(a) below), or as otherwise stipulated
1 or ordered, Disclosure or Discovery Material that qualifies for protection under this
2 Order must be clearly so designated before the material is disclosed or produced.
3 Designation in conformity with this Order requires:
4 (a) for information in documentary form (e.g., paper or electronic documents,
5 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
6 Producing Party affix at a minimum, the legend “CONFIDENTIAL” or “HIGHLY
7 CONFIDENTIAL” (hereinafter “CONFIDENTIAL or HIGHLY CONFIDENTIAL
8 legend”), to each page that contains protected material. To the extent practical, if only
9 a portion or portions of the material on a page qualifies for protection, the Producing
10 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
11 markings in the margins). In the event that an entire document is designated as
12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” the non-Designating Party,
13 upon appropriate notice by identifying the specific Bates-number of the document at
14 issue, may make reasonable requests to the Designating Party to identify the protected
15 portion(s) of the document. The Designating Party agrees that when such a request is
16 made, the Designating Party will review the document, and if only portion(s) of the
17 document are protected, will designate those portion(s) as confidential and will de-
18 designate those portion(s) that do not require protection. The Designating Party will
19 conduct the foregoing review, and respond to the non-Designating Party, including
20 providing any designations, within ten business days after the request is received,
21 unless additional time is reasonably required and agreed upon by the Parties. Nothing
22 herein is intended to limit the parties’ rights herein.
23 A Party or Non-Party that makes original documents available for inspection
24 need not designate them for protection until after the inspecting Party has indicated
25 which documents it would like copied and produced. During the inspection and before
26 the designation, all of the material made available for inspection will be deemed
27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” After the inspecting Party has
1 determine which documents, or portions thereof, qualify for protection under this
2 Order. Then, before producing the specified documents, the Producing Party must affix
3 the “CONFIDENTIAL or HIGHLY CONFIDENTIAL legend” to each page that
4 contains Protected Material. If only a portion or portions of the material on a page
5 qualifies for protection, the Producing Party also must clearly identify the protected
6 portion(s) (e.g., by making appropriate markings in the margins).
7 (b) for testimony given in depositions or in other pretrial proceedings, that the
8 Designating Party may either:
9 (1) designate specific portions of the deposition or other pretrial
10 testimony as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on the record; or
11 (2) designate the entire deposition or pretrial testimony as
12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (before the deposition or
13 proceeding is concluded, if possible, but not later than three business days thereafter)
14 with the obligation to identify specific portions of the testimony as to which protection
15 is sought only if requested in writing by the Receiving Party, and within 30 days after
16 receiving that request or the final transcript, whichever is later.
17 (c) for information produced in some form other than documentary and for
18 any other tangible items, that the Producing Party affix in a prominent place on the
19 exterior of the container or containers in which the information is stored the legend
20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” If only a portion or portions of
21 the information warrants protection, the Producing Party, to the extent practicable, will
22 identify the protected portion(s).
23 7.3 Inadvertent Failure to Designate. An inadvertent failure to designate
24 qualified information or items does not, standing alone, waive the Designating Party’s
25 right to secure protection under this Order for such material. A Designating Party shall
26 make a timely designation of an inadvertent failure to designate qualified information
27 or items. Upon correction of a designation, the Receiving Party must make reasonable
1 efforts to assure that the material is treated in accordance with the provisions of this
2 Order.
3 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
5 designation of confidentiality at any time that is consistent with the Court’s Scheduling
6 Order. Unless a prompt challenge to a Designating Party’s confidentiality designation
7 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
8 burdens, or a significant disruption or delay of the litigation, a Party does not waive its
9 right to challenge a confidentiality designation by electing not to mount a challenge
10 promptly after the original designation is disclosed.
11 8.2 Meet and Confer. The Challenging Party will initiate the dispute
12 resolution process under Local Rule 37.1 et seq.
13 8.3 The burden of persuasion in any such challenge proceeding will be on the
14 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
15 to harass or impose unnecessary expenses and burdens on other parties) may expose
16 the Challenging Party to sanctions. Unless the Designating Party has waived or
17 withdrawn the confidentiality designation, all parties will continue to afford the
18 material in question the level of protection to which it is entitled under the Producing
19 Party’s designation until the Court rules on the challenge.
20 9. ACCESS TO AND USE OF PROTECTED MATERIAL
21 9.1 Basic Principles. A Receiving Party may use Protected Material that is
22 disclosed or produced by another Party or by a Non-Party in connection with this
23 Action only for prosecuting, defending, or attempting to settle this Action. Such
24 Protected Material may be disclosed only to the categories of persons and under the
25 conditions described in this Order. Unless otherwise agreed, when the Action has been
26 terminated, a Receiving Party must comply with the provisions of Section 15 below
27 (FINAL DISPOSITION).
1 Protected Material must be stored and maintained by a Receiving Party at a
2 location and in a secure manner that ensures that access is limited to the persons
3 authorized under this Order.
4 9.2 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. Unless
5 otherwise ordered by the Court or permitted in writing by the Designating Party, a
6 Receiving Party may disclose any information or item designated “HIGHLY
7 CONFIDENTIAL” only to:
8 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
9 employees of said Outside Counsel of Record to whom it is reasonably necessary to
10 disclose the information for this Action, and the Receiving Party’s House Counsel;
11 (b) Experts (as defined in this Order) of the Receiving Party to whom
12 disclosure is reasonably necessary for this Action and who have signed the
13 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (c) the Court and its personnel;
15 (d) Court reporters and their staff;
16 (e) professional jury or trial consultants, mock jurors, and Professional
17 Vendors to whom disclosure is reasonably necessary for this Action and who have
18 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (f) the author or recipient of a document containing the information;
20 (g) any mediator or settlement officer, and their supporting personnel,
21 mutually agreed upon by any of the parties engaged in settlement discussions.
22 9.3 Disclosure of “CONFIDENTIAL” Information or Items. Unless
23 otherwise ordered by the court or permitted in writing by the Designating Party, a
24 Receiving Party may disclose any information or item designated “CONFIDENTIAL”
25 only to:
26 (a) Those individuals listed in Section 9.2(a)-(g);
27 (b) the officers, directors, and employees (including House Counsel) of the
1 (c) the Parties;
2 (d) the employees and consultants (including House Counsel) of the
3 Receiving Party to whom disclosure is reasonably necessary for this Action;
4 (e) a custodian or other person who otherwise possessed or knew the
5 information contained in the information or items designated as “CONFIDENTIAL”;
6 and
7 (f) during their depositions, witnesses, and attorneys for witnesses, in the
8 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
9 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
10 not be permitted to keep any confidential information unless they sign the
11 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
12 by the Designating Party or ordered by the court. Pages of transcribed deposition
13 testimony or exhibits to depositions that reveal Protected Material may be separately
14 bound by the court reporter and may not be disclosed to anyone except as permitted
15 under this Stipulated Protective Order.
16 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
17 IN OTHER LITIGATION
18 If a Party is served with a subpoena or a court order issued in other litigation that
19 compels disclosure of any information or items designated in this Action as
20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification will
22 include a copy of the subpoena or court order;
23 (b) promptly notify in writing the party who caused the subpoena or order to
24 issue in the other litigation that some or all of the material covered by the subpoena or
25 order is subject to this Protective Order. Such notification will include a copy of this
26 Stipulated Protective Order; and
27 (c) cooperate with respect to all reasonable procedures sought to be pursued
1 If the Designating Party timely seeks a protective order, the Party served with
2 the subpoena or court order will not produce any information designated in this action
3 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a determination by the
4 Court from which the subpoena or order issued, unless the Party has obtained the
5 Designating Party’s permission or unless otherwise required by the law or court order.
6 The Designating Party will bear the burden and expense of seeking protection in that
7 court of its confidential material and nothing in these provisions should be construed
8 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
9 directive from another court.
10 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
11 PRODUCED IN THIS LITIGATION
12 (a) The terms of this Order are applicable to information produced by a Non-
13 Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
14 CONFIDENTIAL.” Such information produced by Non-Parties in connection with this
15 litigation is protected by the remedies and relief provided by this Order. Nothing in
16 these provisions should be construed as prohibiting a Non-Party from seeking
17 additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to
19 produce a Non-Party’s confidential information in its possession, and the Party is
20 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
21 information, then the Party will:
22 (1) promptly notify in writing the Requesting Party and the Non-Party
23 that some or all of the information requested is subject to a confidentiality agreement
24 with a Non-Party;
25 (2) promptly provide the Non-Party with a copy of the Stipulated
26 Protective Order in this Action, the relevant discovery request(s), and a reasonably
27 specific description of the information requested; and
1 (3) make the information requested available for inspection by the
2 Non-Party, if requested.
3 (c) If the Party or Non-Party fails to seek a protective order from this court
4 within 14 days of receiving the notice and accompanying information, the Receiving
5 Party may produce the Non-Party’s confidential information responsive to the
6 discovery request. If the Non-Party timely seeks a protective order, the Receiving Party
7 shall not produce any information in its possession or control that is subject to the
8 confidentiality agreement with the Non-Party before a determination by the Court
9 unless otherwise required by the law or court order. Absent a court order to the contrary,
10 the Non-Party shall bear the burden and expense of seeking protection in this court of
11 its Protected Material.
12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
14 Protected Material to any person or in any circumstance not authorized under this
15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
16 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
17 or cause the deletion of all unauthorized copies of the Protected Material, (c) inform
18 the person or persons to whom unauthorized disclosures were made of all the terms of
19 this Order, and (d) request such person or persons to execute the “Acknowledgment
20 and Agreement to Be Bound” that is attached hereto as Exhibit A.
21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
22 PROTECTED MATERIAL
23 Pursuant to Federal Rule of Evidence 502, the inadvertent disclosure or
24 production of privileged or work-product-protected documents, electronically stored
25 information (“ESI”), or other information, does not constitute a waiver of privilege or
26 protection from discovery in this Action or in any other federal or state proceeding, and
27 the Parties stipulate that each other Party took reasonable steps to prevent the disclosure
1 accordance with its terms. This Stipulated Protective Order shall be interpreted to
2 constitute an order of this Court pursuant to Federal Rule of Evidence 502(d) and
3 provide the maximum protection allowed by Federal Rule of Evidence 502.
4 When a Producing Party gives notice to Receiving Parties that certain
5 inadvertently produced material is subject to a claim of privilege or other protection,
6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
7 Procedure 26(b)(5)(B). If the Receiving Party has reason to believe that a produced
8 document or other information may reasonably be subject to a claim of privilege, then
9 the Receiving Party shall immediately sequester the document or information, and shall
10 inform the Producing Party of the beginning BATES number of the document or, if no
11 BATES number is available, shall otherwise inform the producing party of the
12 information.
13 Any Party or non-Party that inadvertently discloses or produces a Document,
14 ESI, or information that it considers privileged or otherwise protected from discovery
15 will, promptly upon discovery of the disclosure or production, give notice to the
16 Receiving Party, identifying the document, ESI, or information in question; the asserted
17 privilege or protection; and the grounds therefor.
18 Upon receipt of notice of the assertion of privilege or protection over produced
19 documents, ESI, or information, the Receiving Party will:
20 (a) to whatever extent it contests the assertion of privilege or protection,
21 promptly so notify the Producing Party or non-party, and maintain the contested
22 documents and ESI in confidence pending resolution of the contest by the parties or
23 the Court; and
24 (b) to whatever extent the Receiving Party does not contest the assertion of
25 privilege or protection, promptly certify in writing to the Producing Party or non-party
26 that it has returned or destroyed the applicable document(s), ESI, and/or information,
27 and has made reasonably diligent efforts to identify and destroy each copy thereof and
1 In the event of a contested assertion of privilege or protection over produced
2 documents that cannot be resolved amicably after meeting and conferring in good faith,
3 the Producing Party may promptly seek resolution of the matter in accordance with
4 Court’s Local Rules and Procedures and the Federal Rules of Civil Procedure,
5 including by seeking in camera review.
6 14. MISCELLANEOUS
7 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
8 person to seek its modification by the Court in the future.
9 14.2 Right to Assert Other Objections. By stipulating to the entry of this
10 Protective Order no Party waives any right it otherwise would have to object to
11 disclosing or producing any information or item on any ground not addressed in this
12 Stipulated Protective Order. Similarly, no Party waives any right to object on any
13 ground to use in evidence of any of the material covered by this Protective Order.
14 14.3 Filing Protected Material. A Party that seeks to file under seal any
15 Protected Material must comply with Civil Local Rule 79-5, except that the
16 Designating Party may file the declaration required by Civil Local Rule 79-5.2.2(b)(i)
17 within four days of the filing of the Application. Protected Material may only be filed
18 under seal pursuant to a court order authorizing the sealing of the specific Protected
19 Material at issue. If a Party’s request to file Protected Material under seal is denied by
20 the Court, then the Receiving Party may file the information in the public record unless
21 otherwise instructed by the Court.
22 15. FINAL DISPOSITION
23 After the final disposition of this Action, as defined in paragraph 6, within 60
24 days of a written request by the Designating Party, each Receiving Party must return
25 all Protected Material to the Producing Party or destroy such material. As used in this
26 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
27 summaries, and any other format reproducing or capturing any of the Protected
1 must submit a written certification to the Producing Party (and, if not the same person
2 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
3 category, where appropriate) all the Protected Material that was returned or destroyed
4 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
5 compilations, summaries or any other format reproducing or capturing any of the
6 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
7 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
8 legal memoranda, correspondence, deposition and trial exhibits, expert reports,
9 attorney work product, and consultant and expert work product, even if such materials
10 contain Protected Material. Any such archival copies that contain or constitute
11 Protected Material remain subject to this Protective Order as set forth in Section 6
12 (DURATION).
13 16. Any willful violation of this Order may be punished by civil or criminal
14 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
15 authorities, or other appropriate action at the discretion of the Court.
16
17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
18 DATED: January 14, 2026 Respectfully submitted,
19 BROCK & GONZALES, LLP
20
By: /s/ Kym Kanenaka
21 CHRISTINA KERNER
22 KYM KANENAKA
23
Attorneys for Plaintiff
24 CRISTINE WICK
25
26
27
DATED: January 14, 2026 Respectfully submitted,
1
MINTZ LEVIN COHN FERRIS GLOVSKY
2
AND POPEO, P.C.
3
/
4 By: s/ Nicole M. Rivers
5 Jennifer B. Rubin
Nicole M. Rivers
6
7 Attorneys for Defendant
EVERBRIDGE, INC.
8
9 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED AS MODIFIED.
10
11 DATED: January 16, 2026 /s/
12 HON. JACQUELINE CHOOLJIAN
United States Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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4 I, ____________________ [print or type full name], of
5 ________________________________ [print or type full address], declare under
6 penalty of perjury that I have read in its entirety and understand the Stipulated
7 Protective Order that was issued by the United States District Court for the Central
8 District of California on January 16, 2026 in the case of Cristine Wick v. Everbridge
9 Inc., No. 2:25-cv-5333-CV-JC. I agree to comply with and to be bound by all the terms
10 of this Stipulated Protective Order and I understand and acknowledge that failure to so
11 comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that is
13 subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 for the Central District of California for the purpose of enforcing the terms of this
17 Stipulated Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint _______________________ [print or type
19 full name] of ___________________ [print or type full address and telephone number]
20 as my California agent for service of process in connection with this action or any
21 proceedings related to enforcement of this Stipulated Protective Order.
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23 Date:
24 City and State where sworn and signed:
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26 Printed Name:
27 Signature:
ATTESTATION OF SIGNATURE
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2 In compliance with L.R. 5-4.3.4(a)(2)(i), I hereby attest that all signatories to
3 the foregoing Stipulation and Proposed Protective Order have concurred in the
4 content and filing of this document.
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6 DATED: January 14, 2026
/s/ Nicole M. Rivers
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Nicole M. Rivers
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