Opinion

Opinion

Court
District Court, C.D. California
Filed
Feb 5, 2026
Cited by
0 cases
Authority
More cited than 41.2%

The opinion

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UNITED STATES DISTRICT COURT

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9 CENTRAL DISTRICT OF CALIFORNIA

10 ELMER PINEDA, Case No. CV 26-0204-HDV-PVCx

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Plaintiff, STIPULATED PROTECTIVE

12 ORDER

v.

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14 FCA US, LLC; and DOES 1 through 10,

inclusive,

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16 Defendants.

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1. PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than pursuing this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

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the following Stipulated Protective Order. The parties acknowledge that this Order

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does not confer blanket protections on all disclosures or responses to discovery and

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that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles.

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2. GOOD CAUSE STATEMENT

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This action is likely to involve trade secrets, customer and pricing lists and

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other valuable research, development, commercial, financial, technical and/or

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proprietary information for which special protection from public disclosure and from

6 use for any purpose other than prosecution of this action is warranted. Such

7 confidential and proprietary materials and information consist of, among other

8 things, confidential business or financial information, information regarding

9 confidential business practices, or other confidential research, development, or

10 commercial information (including information implicating privacy rights of third

11 parties), information otherwise generally unavailable to the public, or which may be

12 privileged or otherwise protected from disclosure under state or federal statutes,

13 court rules, case decisions, or common law. Accordingly, to expedite the flow of

14 information, to facilitate the prompt resolution of disputes over confidentiality of

15 discovery materials, to adequately protect information the parties are entitled to keep

16 confidential, to ensure that the parties are permitted reasonable necessary uses of

17 such material in preparation for and in the conduct of trial, to address their handling

18 at the end of the litigation, and serve the ends of justice, a protective order for such

19 information is justified in this matter. It is the intent of the parties that information

20 will not be designated as confidential for tactical reasons and that nothing be so

21 designated without a good faith belief that it has been maintained in a confidential,

22 non-public manner, and there is good cause why it should not be part of the public

23 record of this case.

24 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

25 The parties further acknowledge, as set forth in Section 14.3, below, that this

26 Stipulated Protective Order does not entitle them to file confidential information

27 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

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to file material under seal. There is a strong presumption that the public has a right

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of access to judicial proceedings and records in civil cases. In connection with non-

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dispositive motions, good cause must be shown to support a filing under seal. See

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Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

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Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-

6 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

7 stipulated protective orders require good cause showing), and a specific showing of

8 good cause or compelling reasons with proper evidentiary support and legal

9 justification, must be made with respect to Protected Material that a party seeks to

10 file under seal. The parties’ mere designation of Disclosure or Discovery Material

11 as CONFIDENTIAL does not— without the submission of competent evidence by

12 declaration, establishing that the material sought to be filed under seal qualifies as

13 confidential, privileged, or otherwise protectable—constitute good cause.

14 Further, if a party requests sealing related to a dispositive motion or trial, then

15 compelling reasons, not only good cause, for the sealing must be shown, and the

16 relief sought shall be narrowly tailored to serve the specific interest to be protected.

17 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

18 each item or type of information, document, or thing sought to be filed or introduced

19 under seal, the party seeking protection must articulate compelling reasons,

20 supported by specific facts and legal justification, for the requested sealing order.

21 Again, competent evidence supporting the application to file documents under seal

22 must be provided by declaration.

23 Any document that is not confidential, privileged, or otherwise protectable in

24 its entirety will not be filed under seal if the confidential portions can be redacted. If

25 documents can be redacted, then a redacted version for public viewing, omitting only

26 the confidential, privileged, or otherwise protectable portions of the document, shall

27 be filed. Any application that seeks to file documents under seal in their entirety

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4. DEFINITIONS

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4.1 Action: Elmer Pineda v. FCA US, LLC, et al., United States District Court –

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Central District of California, Case No. 2:26-cv-00204-HDV-PVCx.

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4.2 Challenging Party: a Party or Non-Party that challenges the designation of

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information or items under this Order.

6 4.3 “CONFIDENTIAL” Information or Items: information (regardless of how it

7 is generated, stored or maintained) or tangible things that qualify for protection

8 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

9 Cause Statement.

10 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

11 support staff).

12 4.5 Designating Party: a Party or Non-Party that designates information or items

13 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

14 4.6 Disclosure or Discovery Material: all items or information, regardless of the

15 medium or manner in which it is generated, stored, or maintained (including, among

16 other things, testimony, transcripts, and tangible things), that are produced or

17 generated in disclosures or responses to discovery.

18 4.7 Expert: a person with specialized knowledge or experience in a matter

19 pertinent to the litigation who has been retained by a Party or its counsel to serve as

20 an expert witness or as a consultant in this Action.

21 4.8 House Counsel: attorneys who are employees of a party to this Action. House

22 Counsel does not include Outside Counsel of Record or any other outside counsel.

23 4.9 Non-Party: any natural person, partnership, corporation, association or other

24 legal entity not named as a Party to this action.

25 4.10 Outside Counsel of Record: attorneys who are not employees of a party to

26 this Action but are retained to represent a party to this Action and have appeared in

27 this Action on behalf of that party or are affiliated with a law firm that has appeared

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4.11 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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4.12 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

6 4.13 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)

9 and their employees and subcontractors.

10 4.14 Protected Material: any Disclosure or Discovery Material that is designated

11 as “CONFIDENTIAL.”

12 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material from

13 a Producing Party.

14 5. SCOPE

15 The protections conferred by this Stipulation and Order cover not only

16 Protected Material (as defined above), but also (1) any information copied or

17 extracted from Protected Material; (2) all copies, excerpts, summaries, or

18 compilations of Protected Material; and (3) any testimony, conversations, or

19 presentations by Parties or their Counsel that might reveal Protected Material. Any

20 use of Protected Material at trial shall be governed by the orders of the trial judge

21 and other applicable authorities. This Order does not govern the use of Protected

22 Material at trial.

23 6. DURATION

24 Once a case proceeds to trial, information that was designated as

25 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

26 as an exhibit at trial becomes public and will be presumptively available to all

27 members of the public, including the press, unless compelling reasons supported by

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of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

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showing for sealing documents produced in discovery from “compelling reasons”

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standard when merits-related documents are part of court record). Accordingly, the

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terms of this protective order do not extend beyond the commencement of the trial.

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7. DESIGNATING PROTECTED MATERIAL

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7.1 Exercise of Restraint and Care in Designating Material for Protection. Each

7 Party or Non-Party that designates information or items for protection under this

8 Order must take care to limit any such designation to specific material that qualifies

9 under the appropriate standards.

10 The Designating Party must designate for protection only those parts of

11 material, documents, items or oral or written communications that qualify so that

12 other portions of the material, documents, items or communications for which

13 protection is not warranted are not swept unjustifiably within the ambit of this Order.

14 Mass, indiscriminate or routinized designations are prohibited. Designations

15 that are shown to be clearly unjustified or that have been made for an improper

16 purpose (e.g., to unnecessarily encumber the case development process or to impose

17 unnecessary expenses and burdens on other parties) may expose the Designating

18 Party to sanctions.

19 If it comes to a Designating Party’s attention that information or items that it

20 designated for protection do not qualify for protection, that Designating Party must

21 promptly notify all other Parties that it is withdrawing the inapplicable designation.

22 7.2 Manner and Timing of Designations. Except as otherwise provided in this

23 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that

24 qualifies for protection under this Order must be clearly so designated before the

25 material is disclosed or produced.

26 Designation in conformity with this Order requires:

27 (a) for information in documentary form (e.g., paper or electronic documents,

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the Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter

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“CONFIDENTIAL legend”), to each page that contains protected material. If only

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a portion of the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making appropriate markings

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in the margins).

6 A Party or Non-Party that makes original documents available for inspection

7 need not designate them for protection until after the inspecting Party has indicated

8 which documents it would like copied and produced.

9 During the inspection and before the designation, all of the material made available

10 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

11 identified the documents it wants copied and produced, the Producing Party must

12 determine which documents, or portions thereof, qualify for protection under this

13 Order. Then, before producing the specified documents, the Producing Party must

14 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.

15 If only a portion of the material on a page qualifies for protection, the Producing

16 Party also must clearly identify the protected portion(s) (e.g., by making appropriate

17 markings in the margins).

18 (b) for testimony given in depositions that the Designating Party identifies the

19 Disclosure or Discovery Material on the record, before the close of the deposition

20 all 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

23 exterior 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

25 protection, the Producing Party, to the extent practicable, shall identify the protected

26 portion(s).

27 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

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Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is treated

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in accordance with the provisions of this Order.

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8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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8.1. Timing of Challenges. Any Party or Non-Party may challenge a designation

7 of confidentiality at any time that is consistent with the Court’s Scheduling Order.

8 8.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution

9 process under Local Rule 37-1 et seq.

10 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint

11 stipulation pursuant to Local Rule 37-2.

12 8.4 The burden of persuasion in any such challenge proceeding shall be on the

13 Designating Party. Frivolous challenges, and those made for an improper purpose

14 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

15 expose the Challenging Party to sanctions. Unless the Designating Party has waived

16 or withdrawn the confidentiality designation, all parties shall continue to afford the

17 material in question the level of protection to which it is entitled under the Producing

18 Party’s designation until the Court rules on the challenge.

19 9. ACCESS TO AND USE OF PROTECTED MATERIAL

20 9.1 Basic Principles. A Receiving Party may use Protected Material that is

21 disclosed or produced by another Party or by a Non-Party in connection with this

22 Action only for prosecuting, defending or attempting to settle this Action. Such

23 Protected Material may be disclosed only to the categories of persons and under the

24 conditions described in this Order. When the Action has been terminated, a

25 Receiving Party must comply with the provisions of section 15 below (FINAL

26 DISPOSITION).

27 Protected Material must be stored and maintained by a Receiving Party at a

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authorized under this Order.

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9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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ordered by the court or permitted in writing by the Designating Party, a Receiving

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Party may disclose any information or item designated “CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

6 employees of said Outside Counsel of Record to whom it is reasonably necessary to

7 disclose the information for this Action;

8 (b) the officers, directors, and employees (including House Counsel) of the

9 Receiving Party to whom disclosure is reasonably necessary for this Action;

10 (c) Experts (as defined in this Order) of the Receiving Party to whom

11 disclosure is reasonably necessary for this Action and who have signed the

12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

13 (d) the court and its personnel;

14 (e) court reporters and their staff;

15 (f) professional jury or trial consultants, mock jurors, and Professional

16 Vendors to whom disclosure is reasonably necessary for this Action and who have

17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

18 (g) the author or recipient of a document containing the information or a

19 custodian or other person who otherwise possessed or knew the information;

20 (h) during their depositions, witnesses, and attorneys for witnesses, in the

21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they

23 will not be permitted to keep any confidential information unless they sign the

24 “Acknowledgment and Agreement to Be Bound” (Exhibit

25 A), unless otherwise agreed by the Designating Party or ordered by the court.

26 Pages of transcribed deposition testimony or exhibits to depositions that

27 reveal Protected Material may be separately bound by the court reporter and may not

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and

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(i) any mediators or settlement officers and their supporting personnel,

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mutually agreed upon by any of the parties engaged in settlement discussions.

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10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation

7 that compels disclosure of any information or items designated in this Action as

8 “CONFIDENTIAL,” that Party must:

9 (a) promptly notify in writing the Designating Party. Such notification shall

10 include a copy of the subpoena or court order;

11 (b) promptly notify in writing the party who caused the subpoena or order to

12 issue in the other litigation that some or all of the material covered by the subpoena

13 or order is subject to this Protective Order. Such notification shall include a copy of

14 this Stipulated Protective Order; and

15 (c) cooperate with respect to all reasonable procedures sought to be pursued

16 by the Designating Party whose Protected Material may be affected. If the

17 Designating Party timely seeks a protective order, the Party served with the

18 subpoena or court order shall not produce any information designated in this

19 action as “CONFIDENTIAL” before a determination by the court from which the

20 subpoena or order issued, unless the Party has obtained the Designating Party’s

21 permission. The Designating Party shall bear the burden and expense of seeking

22 protection in that court of its confidential material and nothing in these provisions

23 should be construed as authorizing or encouraging a

24 Receiving Party in this Action to disobey a lawful directive from another court.

25 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

26 PRODUCED IN THIS LITIGATION

27 (a) The terms of this Order are applicable to information produced by a Non-

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b) In the event that a Party is required, by a valid discovery request, to

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produce a Non-Party’s confidential information in its possession, and the Party is

6 subject to an agreement with the Non-Party not to produce the Non-Party’s

7 confidential information, then the Party shall:

8 (1) promptly notify in writing the Requesting Party and the Non-Party that

9 some or all of the information requested is subject to a confidentiality agreement

10 with a Non-Party;

11 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

12 Order in this Action, the relevant discovery request(s), and a reasonably specific

13 description of the information requested; and

14 (3) make the information requested available for inspection by the Non-Party,

15 if requested.

16 (c) If the Non-Party fails to seek a protective order from this court within 14

17 days of receiving the notice and accompanying information, the Receiving Party

18 may produce the Non-Party’s confidential information responsive to the discovery

19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

20 not produce any information in its possession or control that is subject to the

21 confidentiality agreement with the Non-Party before a determination by the court.

22 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 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

26 Protected Material to any person or in any circumstance not authorized under this

27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person

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or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons to execute the “Acknowledgment an

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Agreement to Be Bound” attached hereto as Exhibit A.

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13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

7 When a Producing Party gives notice to Receiving Parties that certain

8 inadvertently produced material is subject to a claim of privilege or other protection,

9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

11 may be established in an e-discovery order that provides for production without prior

12 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

13 parties reach an agreement on the effect of disclosure of a communication or

14 information covered by the attorney-client privilege or work product protection, the

15 parties may incorporate their agreement in the stipulated protective order submitted

16 to the court.

17 14. MISCELLANEOUS

18 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

19 person to seek its modification by the Court in the future.

20 14.2 Right to Assert Other Objections. By stipulating to the entry of this

21 Protective Order, no Party waives any right it otherwise would have to object to

22 disclosing or producing any information or item on any ground not addressed in this

23 Stipulated Protective Order. Similarly, no Party waives any right to object on any

24 ground to use in evidence of any of the material covered by this Protective Order.

25 14.3 Filing Protected Material. A Party that seeks to file under seal any Protected

26 Material must comply with Local Civil Rule 79-5. Protected Material may only be

27 filed under seal pursuant to a court order authorizing the sealing of the specific

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by the court, then the Receiving Party may file the information in the public record

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unless otherwise instructed by the court.

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15. FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 6, within

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60 days of a written request by the Designating Party, each Receiving Party must

6 return all Protected Material to the Producing Party or destroy such material. As used

7 in this subdivision, “all Protected Material” includes all copies, abstracts,

8 compilations, summaries, and any other format reproducing or capturing any of the

9 Protected Material. Whether the Protected Material is returned or destroyed, the

10 Receiving Party must submit a written certification to the Producing Party (and, if

11 not the same person or entity, to the Designating Party) by the 60-day deadline that

12 (1) identifies (by category, where appropriate) all the Protected Material that was

13 returned or destroyed and (2) affirms that the Receiving Party has not retained any

14 copies, abstracts, compilations, summaries or any other format reproducing or

15 capturing any of the Protected Material. Notwithstanding this provision, Counsel are

16 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

17 and hearing transcripts, legal memoranda, correspondence, deposition and trial

18 exhibits, expert reports, attorney work product, and consultant and expert work

19 product, even if such materials contain Protected Material. Any such archival copies

20 that contain or constitute Protected Material remain subject to this Protective Order

21 as set forth in Section 6 (DURATION).

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26 //

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16, VIOLATION

Any violation of this Order may be punished by appropriate measures

; including, without limitation, contempt proceedings and/or monetary sanctions.

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FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT

IS SO ORDERED.

MWh

10 DATED: February 5, 2026

Honorable Pedro V. Castillo

11 United States Magistrate Judge

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, [print or type full name], of

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[print or type full address], declare

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under penalty of perjury that I have read in its entirety and understand the Stipulated

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Protective Order that was issued by the United States District Court for the Central

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District of California on ___________ in the case of ELMER PINEDA vs.

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FCA US LLC, et al; Case No. 2:26-cv-00204-HDV-PVCx. I agree

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to comply with and to be bound by all the terms of this Stipulated Protective Order

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and I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I will

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not disclose in any manner any information or item that is subject to this Stipulated

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Protective Order to any person or entity except in strict compliance with the

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provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint

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[print or type full name] of

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21 [print or type full address and telephone number] as my California agent for service

22 of process in connection with this action or any proceedings related to enforcement

23 of this Stipulated Protective Order.

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25 Date: ________________________

26 City and State where sworn and signed:

27 Printed name:

Signature:

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