The opinion
1 Heather M. Vigil, Bar No. 254694
hvigil@littler.com
2 Jackson A. Zimmerman, Bar No. 330041
jzimmerman@littler.com
3 LITTLER MENDELSON, P.C.
18565 Jamboree Road
4 Suite 800
Irvine, California 92612
5 Telephone: 949.705.3000
Facsimile: 949.724.1201
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7 Attorneys for Defendant
REPUBLIC SERVICES CUSTOMER
8 RESOURCE CENTER WEST, INC.
9
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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YVETTE GANOE, an individual, Case No. CV 25-11388-ODW (KSx)
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Plaintiff, [PROPOSED] ORDER GRANTING
14 STIPULATION AND PROPOSED
v. PROTECTIVE ORDER
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REPUBLIC SERVICES CUSTOMER Courtroom: 5D
16 RESOURCE CENTER WEST, INC., a Judge: Otis D Wright II
Delaware Corporation; and DOES 1 through
17 60, inclusive,
18 Defendants.
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1 I. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential, proprietary
3 or private information for which special protection from public disclosure and from use for
4 any purpose other than pursuing this litigation may be warranted. Accordingly, the parties
5 hereby stipulate to and petition the Court to enter the following Stipulated Protective Order.
6 The parties acknowledge that this Order does not confer blanket protections on all
7 disclosures or responses to discovery and that the protection it affords from public
8 disclosure and use extends only to the limited information or items that are entitled to
9 confidential treatment under the applicable legal principles.
10 II. GOOD CAUSE STATEMENT
11 This action is likely to involve trade secrets, customer and pricing lists and other
12 valuable research, development, commercial, financial, technical and/or proprietary
13 information for which special protection from public disclosure and from use for any
14 purpose other than prosecution of this action is warranted. Such confidential and
15 proprietary materials and information consist of, among other things, confidential business
16 or financial information, information regarding confidential business practices, or other
17 confidential research, development, or commercial information (including information
18 implicating privacy rights of third parties), information otherwise generally unavailable to
19 the public, or which may be privileged or otherwise protected from disclosure under state
20 or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite
21 the flow of information, to facilitate the prompt resolution of disputes over confidentiality
22 of discovery materials, to adequately protect information the parties are entitled to keep
23 confidential, to ensure that the parties are permitted reasonable necessary uses of such
24 material in preparation for and in the conduct of trial, to address their handling at the end
25 of the litigation, and serve the ends of justice, a protective order for such information is
26 justified in this matter. It is the intent of the parties that information will not be designated
27 as confidential for tactical reasons and that nothing be so designated without a good faith
28 belief that it has been maintained in a confidential, non-public manner, and there is good
1 cause why it should not be part of the public record of this case.
2 III. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
3 The parties further acknowledge, as set forth in Section 14.3, below, that this
4 Stipulated Protective Order does not entitle them to file confidential information under
5 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
6 standards that will be applied when a party seeks permission from the court to file material
7 under seal. There is a strong presumption that the public has a right of access to judicial
8 proceedings and records in civil cases. In connection with non-dispositive motions, good
9 cause must be shown to support a filing under seal. See Kamakana v. City and County of
10 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d
11 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
12 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a
13 specific showing of good cause or compelling reasons with proper evidentiary support and
14 legal justification, must be made with respect to Protected Material that a party seeks to
15 file under seal. The parties’ mere designation of Disclosure or Discovery Material as
16 CONFIDENTIAL does not— without the submission of competent evidence by
17 declaration, establishing that the material sought to be filed under seal qualifies as
18 confidential, privileged, or otherwise protectable—constitute good cause.
19 Further, if a party requests sealing related to a dispositive motion or trial, then
20 compelling reasons, not only good cause, for the sealing must be shown, and the relief
21 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
22 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of
23 information, document, or thing sought to be filed or introduced under seal, the party
24 seeking protection must articulate compelling reasons, supported by specific facts and legal
25 justification, for the requested sealing order. Again, competent evidence supporting the
26 application to file documents under seal must be provided by declaration.
27 Any document that is not confidential, privileged, or otherwise protectable in its
28 entirety will not be filed under seal if the confidential portions can be redacted. If
1 documents can be redacted, then a redacted version for public viewing, omitting only the
2 confidential, privileged, or otherwise protectable portions of the document, shall be filed.
3 Any application that seeks to file documents under seal in their entirety should include an
4 explanation of why redaction is not feasible.
5 IV. DEFINITIONS
6 4.1 Action: Yvette Ganoe v. Republic Services Customer Resource Center West,
7 LLC, Case No. CV 25-11388-ODW (KSx).
8 4.2 Challenging Party: a Party or Non-Party that challenges the designation of
9 information or items under this Order.
10 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how it
11 is generated, stored or maintained) or tangible things that qualify for protection under
12 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.
13 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
14 support staff).
15 4.5 Designating Party: a Party or Non-Party that designates information or items
16 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
17 4.6 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
19 things, testimony, transcripts, and tangible things), that are produced or generated in
20 disclosures or responses to discovery.
21 4.7 Expert: a person with specialized knowledge or experience in a matter
22 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
23 expert witness or as a consultant in this Action.
24 4.8 House Counsel: attorneys who are employees of a party to this Action. House
25 Counsel does not include Outside Counsel of Record or any other outside counsel.
26 4.9 Non-Party: any natural person, partnership, corporation, association or other
27 legal entity not named as a Party to this action.
28 4.10 Outside Counsel of Record: attorneys who are not employees of a party to this
1 Action but are retained to represent a party to this Action and have appeared in this Action
2 on behalf of that party or are affiliated with a law firm that has appeared on behalf of that
3 party, and includes support staff.
4 4.11 Party: any party to this Action, including all of its officers, directors,
5 employees, consultants, retained experts, and Outside Counsel of Record (and their support
6 staffs).
7 4.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
8 Material in this Action.
9 4.13 Professional Vendors: persons or entities that provide litigation support
10 services (e.g., photocopying, videotaping, translating, preparing exhibits or
11 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
12 their employees and subcontractors.
13 4.14 Protected Material: any Disclosure or Discovery Material that is designated
14 as “CONFIDENTIAL.”
15 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material from
16 a Producing Party.
17 V. 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 Counsel
22 that might reveal Protected Material.
23 Any use of Protected Material at trial shall be governed by the orders of the trial
24 judge and other applicable authorities. This Order does not govern the use of Protected
25 Material at trial.
26 VI. DURATION
27 Once a case proceeds to trial, information that was designated as CONFIDENTIAL
28 or maintained pursuant to this protective order used or introduced as an exhibit at trial
1 becomes public and will be presumptively available to all members of the public, including
2 the press, unless compelling reasons supported by specific factual findings to proceed
3 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at
4 1180-81 (distinguishing “good cause” showing for sealing documents produced in
5 discovery from “compelling reasons” standard when merits-related documents are part of
6 court record). Accordingly, the terms of this protective order do not extend beyond the
7 commencement of the trial.
8 VII. DESIGNATING PROTECTED MATERIAL
9 7.1 Exercise of Restraint and Care in Designating Material for Protection. Each
10 Party or Non-Party that designates information or items for protection under this Order
11 must take care to limit any such designation to specific material that qualifies under the
12 appropriate standards. The Designating Party must designate for protection only those parts
13 of material, documents, items or oral or written communications that qualify so that other
14 portions of the material, documents, items or communications for which protection is not
15 warranted are not swept unjustifiably within the ambit of this Order.
16 Mass, indiscriminate or routinized designations are prohibited. Designations that are
17 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
18 unnecessarily encumber the case development process or to impose unnecessary expenses
19 and burdens on other parties) may expose the Designating Party to sanctions.
20 If it comes to a Designating Party’s attention that information or items that it
21 designated for protection do not qualify for protection, that Designating Party must
22 promptly notify all other Parties that it is withdrawing the inapplicable designation.
23 7.2 Manner and Timing of Designations. Except as otherwise provided in this
24 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that qualifies
25 for protection under this Order must be clearly so designated before the material is
26 disclosed or produced.
27 Designation in conformity with this Order requires:
28 (a) for information in documentary form (e.g., paper or electronic documents,
1 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
2 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
3 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
4 portion of the material on a page qualifies for protection, the Producing Party also must
5 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
6 margins).
7 A Party or Non-Party that makes original documents available for inspection need
8 not designate them for protection until after the inspecting Party has indicated which
9 documents it would like copied and produced. During the inspection and before the
10 designation, all of the material made available for inspection shall be deemed
11 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
12 copied and produced, the Producing Party must determine which documents, or portions
13 thereof, qualify for protection under this Order. Then, before producing the specified
14 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
15 that contains Protected Material. If only a portion of the material on a page qualifies for
16 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
17 making appropriate markings in the margins).
18 (b) for testimony given in depositions that the Designating Party identifies
19 the Disclosure or Discovery Material on the record, before the close of the deposition all
20 protected testimony.
21 (c) for information produced in some form other than documentary and for
22 any other tangible items, that the Producing Party affix in a prominent place on the exterior
23 of the container or containers in which the information is stored the legend
24 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
25 the Producing Party, to the extent practicable, shall identify the protected portion(s).
26 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
27 to designate qualified information or items does not, standing alone, waive the Designating
28 Party’s right to secure protection under this Order for such material. Upon timely correction
1 of a designation, the Receiving Party must make reasonable efforts to assure that the
2 material is treated in accordance with the provisions of this Order.
3 VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS
4 8.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
5 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
6 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
7 process under Local Rule 37-1 et seq.
8 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
9 stipulation pursuant to Local Rule 37-2.
10 8.4 The burden of persuasion in any such challenge proceeding shall be on the
11 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to
12 harass or impose unnecessary expenses and burdens on other parties) may expose the
13 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the
14 confidentiality designation, all parties shall continue to afford the material in question the
15 level of protection to which it is entitled under the Producing Party’s designation until the
16 Court rules on the challenge.
17 IX. ACCESS TO AND USE OF PROTECTED MATERIAL
18 9.1 Basic Principles. A Receiving Party may use Protected Material that is
19 disclosed or produced by another Party or by a Non-Party in connection with this Action
20 only for prosecuting, defending or attempting to settle this Action. Such Protected Material
21 may be disclosed only to the categories of persons and under the conditions described in
22 this Order. When the Action has been terminated, a Receiving Party must comply with the
23 provisions of section 15 below (FINAL DISPOSITION).
24 Protected Material must be stored and maintained by a Receiving Party at a location
25 and in a secure manner that ensures that access is limited to the persons authorized under
26 this Order.
27 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
28 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
1 may disclose any information or item designated “CONFIDENTIAL” only to:
2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
3 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
4 disclose the information for this Action;
5 (b) the officers, directors, and employees (including House Counsel) of the
6 Receiving Party to whom disclosure is reasonably necessary for this Action;
7 (c) Experts (as defined in this Order) of the Receiving Party to whom
8 disclosure is reasonably necessary for this Action and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A) [TO BE NEGOTIATED
10 AND PREPARED BY PARTIES AND ATTACHED TO STIPULATION AND
11 PROPOSED ORDER];
12 (d) the court and its personnel;
13 (e) court reporters and their staff;
14 (f) professional jury or trial consultants, mock jurors, and Professional
15 Vendors to whom disclosure is reasonably necessary for this Action and who have signed
16 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (g) the author or recipient of a document containing the information or a
18 custodian or other person who otherwise possessed or knew the information;
19 (h) during their depositions, witnesses, and attorneys for witnesses, in the
20 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
21 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not
22 be permitted to keep any confidential information unless they sign the “Acknowledgment
23 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating
24 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to
25 depositions that reveal Protected Material may be separately bound by the court reporter
26 and may not be disclosed to anyone except as permitted under this Stipulated Protective
27 Order; and
28 (i) any mediators or settlement officers and their supporting personnel,
1 mutually agreed upon by any of the parties engaged in settlement discussions.
2 X. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
3 OTHER LITIGATION
4 If a Party is served with a subpoena or a court order issued in other litigation that
5 compels disclosure of any information or items designated in this Action as
6 “CONFIDENTIAL,” that Party must:
7 (a) promptly notify in writing the Designating Party. Such notification
8 shall include a copy of the subpoena or court order;
9 (b) promptly notify in writing the party who caused the subpoena or order to
10 issue in the other litigation that some or all of the material covered by the subpoena or order
11 is subject to this Protective Order. Such notification shall include a copy of this Stipulated
12 Protective Order; and
13 (c) cooperate with respect to all reasonable procedures sought to be pursued
14 by the Designating Party whose Protected Material may be affected. If the Designating
15 Party timely seeks a protective order, the Party served with the subpoena or court order
16 shall not produce any information designated in this action as “CONFIDENTIAL” before
17 a determination by the court from which the subpoena or order issued, unless the Party has
18 obtained the Designating Party’s permission. The Designating Party shall bear the burden
19 and expense of seeking protection in that court of its confidential material and nothing in
20 these provisions should be construed as authorizing or encouraging a Receiving Party in
21 this Action to disobey a lawful directive from another court.
22 XI. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a
25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
26 produced by Non-Parties in connection with this litigation is protected by the remedies and
27 relief provided by this Order. Nothing in these provisions should be construed as
28 prohibiting a Non-Party from seeking additional protections.
1 (b) In the event that a Party is required, by a valid discovery request, to
2 produce a Non-Party’s confidential information in its possession, and the Party is subject
3 to an agreement with the Non-Party not to produce the Non-Party’s confidential
4 information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the
6 NonParty that some or all of the information requested is subject to a confidentiality
7 agreement with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific
10 description of the information requested; and
11 (3) make the information requested available for inspection by the
12 Non-Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this court within
14 14 days of receiving the notice and accompanying information, the Receiving Party may
15 produce the Non-Party’s confidential information responsive to the discovery request. If
16 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
17 information in its possession or control that is subject to the confidentiality agreement with
18 the Non-Party before a determination by the court. Absent a court order to the contrary, the
19 Non-Party shall bear the burden and expense of seeking protection in this court of its
20 Protected Material.
21 XII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the
25 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
26 unauthorized copies of the Protected Material, (c) inform the person or persons to whom
27 unauthorized disclosures were made of all the terms of this Order, and (d) request such
28 person or persons to execute the “Acknowledgment an Agreement to Be Bound” attached
1 hereto as Exhibit A.
2 XIII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
3 PROTECTED MATERIAL
4 When a Producing Party gives notice to Receiving Parties that certain inadvertently
5 produced material is subject to a claim of privilege or other protection, the obligations of
6 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
7 This provision is not intended to modify whatever procedure may be established in an e-
8 discovery order that provides for production without prior privilege review. Pursuant to
9 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
10 effect of disclosure of a communication or information covered by the attorney-client
11 privilege or work product protection, the parties may incorporate their agreement in the
12 stipulated protective order submitted to the court.
13 XIV. MISCELLANEOUS
14 14.1 Right to Further Relief. Nothing in this Order abridges the right of any person
15 to seek its modification by the Court in the future.
16 14.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
17 Order, no Party waives any right it otherwise would have to object to disclosing or
18 producing any information or item on any ground not addressed in this Stipulated
19 Protective Order. Similarly, no Party waives any right to object on any ground to use in
20 evidence of any of the material covered by this Protective Order.
21 14.3 Filing Protected Material. A Party that seeks to file under seal any Protected
22 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
23 under seal pursuant to a court order authorizing the sealing of the specific Protected
24 Material. If a Party’s request to file Protected Material under seal is denied by the court,
25 then the Receiving Party may file the information in the public record unless otherwise
26 instructed by the court.
27 XV. FINAL DISPOSITION
28 After the final disposition of this Action, as defined in paragraph 6, within 60 days
1 of a written request by the Designating Party, each Receiving Party must return all
2 Protected Material to the Producing Party or destroy such material. As used in this
3 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
4 summaries, and any other format reproducing or capturing any of the Protected Material.
5 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
6 a written certification to the Producing Party (and, if not the same person or entity, to the
7 Designating Party) by the 60-day deadline that (1) identifies (by category, where
8 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
9 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
10 other format reproducing or capturing any of the Protected Material. Notwithstanding this
11 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
12 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and
13 trial exhibits, expert reports, attorney work product, and consultant and expert work
14 product, even if such materials contain Protected Material. Any such archival copies that
15 contain or constitute Protected Material remain subject to this Protective Order as set forth
16 in Section 6 (DURATION).
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1 XVI. VIOLATION
2 Any violation of this Order may be punished by appropriate measures including,
3 without limitation, contempt proceedings and/or monetary sanctions.
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6 Dated: February 3, 2026 KESLUK, SILVERSTEIN, JACOB &
MORRISON, P.C.
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8 /s/ Niki Akhaveissy
Douglas N. Silverstein
9 Niki Akhaveissy
Attorneys for Defendant
10 REPUBLIC SERVICES CUSTOMER
RESOURCE CENTER WEST, INC.
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Dated: February 3, 2026 LITTLER MENDELSON, P.C.
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16 Jackson A. Zimmerman
Heather M. Vigil
17 Jackson A. Zimmerman
Attorneys for Defendant
18 REPUBLIC SERVICES CUSTOMER
RESOURCE CENTER WEST, INC.
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21 ATTORNEY ATTESTATION
22 Pursuant to Local Rule 5-4.3.4(a)(2), I hereby attest that all signatories listed, and
23 on whose behalf this filing is submitted, concur in the filing of this document and have
24 authorized me to sign the document on their behalf."
25
/s/ Jackson A. Zimmerman
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JACKSON A. ZIMMERMAN
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FOR GOOD CAUSE SHOWN, THE JOINT STIPULATION AND
2 || PROPOSED PROTECTIVE ORDER IS GRANTED AND IT IS SO ORDERED.
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DATED: _February 4, 2026
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KAREN L. STEVENSON
8 CHIEF MAGISTRATE JUDGE
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EXHIBIT A
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1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2 I, ___________________________ [print or type full name], of
3 ______________________ [print or type full address], declare under penalty of perjury
4 that I have read in its entirety and understand the Stipulated Protective Order that was
5 issued by the United States District Court for the Central District of California on
6 ______________________ [date] in the case of Yvette Ganoe v. Republic Services
7 Customer Resource Center West, LLC, Case No. CV 25-11388-ODW (KSx). I agree to
8 comply with and to be bound by all the terms of this Stipulated Protective Order and
9 I understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
11 manner any information or item that is subject to this Stipulated Protective Order to any
12 person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the
14 Central District of California for the purpose of enforcing the terms of this Stipulated
15 Protective Order, even if such enforcement proceedings occur after termination of this
16 action.
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18 Date: ______________________
19 City and State where sworn and signed: ______________________
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21 Printed name: ____________________________________
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23 Signature:
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