# Courtney Washington v. Kia America Inc.

> District Court, C.D. California · January 27, 2022

URL: https://www.frixlaw.com/law-library/cases/9979000

## Case

- **Court:** District Court, C.D. California
- **Decided:** January 27, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9979000

## Opinion text

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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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Case 2:21-cv-08795-JFW-PD Document 30 Filed 01/27/22 Page 1 of 15 Page ID #:201
HOLLAND & KNIGHT LLP
Zachary C. Frampton (SBN 303225)
zac.frampton@hklaw.com
400 South Hope Street, 8th Floor
Los Angeles, CA 90071
Telephone: 213.896.2400
Fax: 213.896.2450

Attorneys for Defendant
HYUNDAI CAPITAL AMERICA

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

COURTNEY WASHINGTON, an Case No.: 2:21-cv-08795-JFW-PDx
individual,
PROTECTIVE ORDER
Plaintiff,
vs. Judge John F. Walter
Mag. Judge Patricia Donahue
KIA AMERICA, INC., a California
corporation doing business as KIA OF Complaint Filed: Nov. 8, 2021
DOWNTOWN LOS ANGELES, and
HYUNDAI CAPITAL AMERICA, a [Removed from Los Angeles County
California corporation doing business
as KIA FINANCE, and DOES 1-20, Superior Court Case No.: 21-ST-CV-
36853]
Defendants.
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STIPULATED PROTECTIVE ORDER AND Case No: 2:21-cv-08795-JFW-PD
CONFIDENTIALITY AGREEMENT

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1. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation
may be warranted. Accordingly, the parties hereby stipulate to and petition the
Court to enter the following Stipulated Protective Order. The parties
acknowledge that this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection it affords from
public disclosure and use extends only to the limited information or items that
are entitled to confidential treatment under the applicable legal principles.
GOOD CAUSE STATEMENT
This action is likely to involve confidential, financial, and/or proprietary
information for which special protection from public disclosure and from use for
any purpose other than prosecution of this action is warranted. Such confidential
and proprietary materials and information consist of, among other things,
confidential business or financial information, information regarding
confidential business practices, or other confidential, commercial information
(including information implicating privacy rights of third parties), information
otherwise generally unavailable to the public, or which may be privileged or
otherwise protected from disclosure under state or federal statutes, court rules,
case decisions, or common law. Accordingly, to expedite the flow of
information, to facilitate the prompt resolution of disputes over confidentiality
of discovery materials, to adequately protect information the parties are entitled
to keep confidential, to ensure that the parties are permitted reasonable necessary
uses of such material in preparation for and in the conduct of trial, to address
their handling at the end of the litigation, and serve the ends of justice, a
protective order for such information is justified in this matter. It is the intent of
the parties that information will not be designated as confidential for tactical
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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reasons and that nothing be so designated without a good faith belief that it has been
maintained in a confidential, non-public manner, and there is good cause why it should
not be part of the public record of this case.
ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information under
seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
standards that will be applied when a party seeks permission from the court to file
material under seal.
There is a strong presumption that the public has a right of access to judicial
proceedings and records in civil cases. In connection with non-dispositive motions,
good cause must be shown to support a filing under seal. See Kamakana v. City and
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc.,
187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
cause showing), and a specific showing of good cause or compelling reasons with
proper evidentiary support and legal justification, must be made with respect to
Protected Material that a party seeks to file under seal. The parties' mere designation
of Disclosure or Discovery Material as CONFIDENTIAL does not—without the
submission of competent evidence by declaration, establishing that the material sought
to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial, then
compelling reasons, not only good cause, for the sealing must be shown, and the relief
sought shall be narrowly tailored to serve the specific interest to be protected. See
Pintos v. Pacific Creditors Ass'n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
or type of information, document, or thing sought to be filed or introduced under seal
in connection with a dispositive motion or trial, the party seeking protection must
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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articulate compelling reasons, supported by specific facts and legal justification,
for the requested sealing order. Again, competent evidence supporting the
application to file documents under seal must be provided by declaration.
Any document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if the confidential portions
can be redacted. If documents can be redacted, then a redacted version for public
viewing, omitting only the confidential, privileged, or otherwise protectable
portions of the document, shall be filed. Any application that seeks to file
documents under seal in their entirety should include an explanation of why
redaction is not feasible.
2. DEFINITIONS
2.1 Action: the above-captioned case.
2.2 Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
2.3 "CONFIDENTIAL" Information or Items: information (regardless
of how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified above
in the Good Cause Statement.
2.4 Counsel (without qualifier): Outside Counsel of Record and House
Counsel (as well as their support staff).
2.5 Designating Party: a Party or Non-Party that designates information
or items that it produces in disclosures or in responses to discovery as
"CONFIDENTIAL."
2.6 Disclosure or Discovery Material: all items or information,
regardless of the medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or responses to discovery
in this matter.
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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2.7 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
2.8 House Counsel: attorneys who are employees of a party to this Action.
House Counsel does not include Outside Counsel of Record or any other outside
counsel.
2.9 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a party
to this action but are retained to represent or advise a party to this Action and have
appeared in this action on behalf of that party or are affiliated with a law firm which
has appeared on behalf of that party, and includes support staff.
2.11 Party: any party to this action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and their
support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.13 Professional Vendors: persons or entities, not employed by or affiliated
with a Party, that provide litigation support services (e.g., photocopying, videotaping,
translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving
data in any form or medium) and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is
designated as "CONFIDENTIAL."
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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3. SCOPE
The protections conferred by this Stipulation and Order cover not only Protected
Material (as defined above), but also (1) any information copied or extracted from
Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or presentations by Parties or
their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial.
4. DURATION
Once a case proceeds to trial, information that was designated as
CONFIDENTIAL or maintained pursuant to this protective order used or
introduced as an exhibit at trial becomes public and will be presumptively
available to all members of the public, including the press, unless compelling
reasons supported by specific factual findings to proceed otherwise are made to
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
(distinguishing "good cause" showing for sealing documents produced in
discovery from "compelling reasons" standard when merits-related documents
are part of court record). Accordingly, the terms of this protective order do not
extend beyond the commencement of the trial.
5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for
Protection. Each Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such designation to
specific material that qualifies under the appropriate standards. The Designating
Party must designate for protection only those parts of material, documents,
items or oral or written communications that qualify so that other portions of the
material, documents, items or communications for which protection is not
warranted are not swept unjustifiably within the ambit of this Order. Mass,
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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indiscriminate or routinized designations are prohibited. Designations that are shown
to be clearly unjustified or that have been made for an improper purpose (e.g., to
unnecessarily encumber the case development process or to impose unnecessary
expenses and burdens on other parties) may expose the Designating Party to sanctions.
If it comes to a Designating Party's attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2 Manner and Timing of Designations. Except as otherwise provided in this
Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material that
qualifies for protection under this Order must be clearly so designated before the
material is disclosed or produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix at a minimum, the legend "CONFIDENTIAL" to each page that
contains protected material.
(b) for testimony given in depositions that the Designating Party identifies the
Disclosure or Discovery Material on the record, before the close of the deposition all
protected testimony.
(c) for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information is stored the legend
"CONFIDENTIAL."
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive the
Designating Party's right to secure protection under this Order for such material. Upon
timely correction of a designation, the Receiving Party must make reasonable efforts
to assure that the material is treated in accordance with the provisions of this Order.
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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time that is consistent with the Court's
Scheduling Order.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37-1 et seq.
6.3 Joint Stipulation. Any challenge submitted to the Court shall be via
a joint stipulation pursuant to Local Rule 37-2.
6.4 The burden of persuasion in any such challenge proceeding shall be
on the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
parties) may expose the Challenging Party to sanctions. Unless the Designating
Party has waived or withdrawn the confidentiality designation, all parties shall
continue to afford the material in question the level of protection to which it is
entitled under the Producing Party's designation until the Court rules on the
challenge.
7. ACCESS TO AND USE OF PROTECTED MATERIAL
7.1 Basic Principles. A Receiving Party may use Protected Material
that is disclosed or produced by another Party or by a Non-Party in connection
with this Action only, for prosecuting, defending or attempting to settle this
Action. Such Protected Material may be disclosed only to the categories of
persons and under the conditions described in this Order. When the Action has
been terminated, a Receiving Party must comply with the provisions of section
13 below (FINAL DISPOSITION). Protected Material must be stored and
maintained by a Receiving Party at a location and in a secure manner that ensures
that access is limited to the persons authorized under this Order.
7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless
otherwise ordered by the court or permitted in writing by the Designating Party,
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a Receiving Party may disclose any information or item designated
"CONFIDENTIAL" only to:
(a) the Receiving Party's Outside Counsel of Record in this action, as well
as employees of said Outside Counsel of Record to whom it is reasonably necessary
to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this Action and who have signed the
"Acknowledgment and Agreement to Be Bound" (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and Professional
Vendors to whom disclosure is reasonably necessary for this Action and who have
signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in the
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
not be permitted to keep any confidential information unless they sign the
"Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise agreed
by the Designating Party or ordered by the court. Pages of transcribed deposition
testimony or exhibits to depositions that reveal Protected Material may be separately
bound by the court reporter and may not be disclosed to anyone except as permitted
under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
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8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this
Action as "CONFIDENTIAL," that Party must:
(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material covered by
the subpoena or order is subject to this Protective Order. Such notification shall
include a copy of this Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected. If
the Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated in this
action as "CONFIDENTIAL" before a determination by the court from which
the subpoena or order issued, unless the Party has obtained the Designating
Party's permission. The Designating Party shall bear the burden and expense of
seeking protection in that court of its confidential material and nothing in these
provisions should be construed as authorizing or encouraging a Receiving Party
in this Action to disobey a lawful directive from another court.
9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information
produced by a Non-Party in this Action and designated as
"CONFIDENTIAL." Such information produced by Non-Parties in
connection with this litigation is protected by the remedies and relief
provided by this Order. Nothing in these provisions should be construed
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as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party's confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party's confidential
information, then the Party shall:
1) promptly notify in writing the Requesting Party and the Non-
Party that some or all of the information requested is subject to a confidentiality
agreement with a Non-Party;
2) promptly notify in writing the Requesting Party and the Non-
Party that some or all of the information requested is subject to a confidentiality
agreement with a Non-Party;
3) make the information requested available for inspection by
the Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court
within 14 days of receiving the notice and accompanying information, the Receiving
Party may produce the Non-Party's confidential information responsive to the
discovery request. If the Non-Party timely seeks a protective order, the Receiving
Party shall not produce any information in its possession or control that is subject to
the confidentiality agreement with the Non-Party before a determination by the court.
Absent a court order to the contrary, the Non-Party shall bear the burden and expense
of seeking protection in this court of its Protected Material.
9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
all unauthorized copies of the Protected Material, (c) inform the person or persons to
whom unauthorized disclosures were made of all the terms of this Order, and (d)
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request such person or persons to execute the "Acknowledgment and Agreement
to Be Bound" that is attached hereto as Exhibit A.
10. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in Federal
Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
whatever procedure may be established in an e-discovery order that provides for
production without prior privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the parties reach an agreement on the effect of
disclosure of a communication or information covered by the attorney-client
privilege or work product protection, the parties may incorporate their agreement
in the stipulated protective order submitted to the court.
11. MISCELLANEOUS
11.1 Right to Further Relief. Nothing in this Order abridges the right of
any person to seek its modification by the court in the future.
11.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order, no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in
this Stipulated Protective Order. Similarly, no Party waives any right to object
on any ground to use in evidence of any of the material covered by this Protective
Order.
11.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5. Protected Material
may only be filed under seal pursuant to a court order authorizing the sealing of
the specific Protected Material at issue. If a Party's request to file Protected
Material under seal is denied by the court, then the Receiving Party may file the
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information in the public record unless otherwise instructed by the court.
12. FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60
days of a written request by the Designating Party, each Receiving Party must return
all Protected Material to the Producing Party or destroy such material. As used in this
subdivision, "all Protected Material" includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
must submit a written certification to the Producing Party (and, if not the same person
or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
category, where appropriate) all the Protected Material that was returned or destroyed
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
legal memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such materials
contain Protected Material. Any such archival copies that contain or constitute
Protected Material remain subject to this Protective Order as set forth in Section 4.
13. VIOLATION
Any violation of this Order may be punished by appropriate measures including,
without limitation, contempt proceedings and/or monetary sanctions.

IT IS SO STIPULATED.
HOLLAND & KNIGHT, LLP

Dated: January 26, 2022 By: _/s/ Zachary C. Frampton
Zachary C. Frampton
Attorneys for Defendant
Hyundai Capital America
Case □□□□□□□□□□□□□□□□□□□□□ Document 30 Filed 01/27/22 Page 14of15 Page □□ #:214
Dated: January 24, 2022 LEGALAXXIS INC.
4 By: CSla, pots ahouleaae
Nazgole Hashemi
5 Tannaz Hashemi
6 Attorneys for Plaintiff
Courtney Washington
g Dated: January 25, 2022 MANNING LEAVER BRUDER AND
BERBERICH LLP
10 By: _/s/ Robert C. Jenkins
Robert C. Jenkins
11 Gary Haroutin Prudian
D Attorneys for Defendant
ee First Motor Group of Los Angeles LLC
4 .
22seeh dba Kia of Downtown Los Angeles
Bush +
gacss"
2 Bs = 15|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
BS22 2 16
Las
S 17|| DATED: January 27, 2022
18
oll Faber Marna kue_
39 || HON. PATRICIA DONAHUE
United States Magistrate Judge
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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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PROTECTIVE ORDER Case No: 2:21-cv-08795-JFW-PD

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0042.698.312 :leT 0542.698.312 :xaF
Case 2:21-cv-08795-JFW-PD Document 30 Filed 01/27/22 Page 15 of 15 Page ID #:215
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, ______________________________________________[print or type full
name], of ____________________________________________[print or type full
address], declare under penalty of perjury that I have read in its entirety and understand
the Stipulated Protective Order that was issued by the United States District Court for
the Central District of California on _____, 20__ in the case of Courtney Washington
v. Kia America Inc., et al, Case No. 2:21-cv-08795. I agree to comply with and to be
bound by all the terms of this Stipulated Protective Order and I understand and
acknowledge that failure to so comply could expose me to sanctions and punishment
in the nature of contempt. I solemnly promise that I will not disclose in any manner
any information or item that is subject to this Stipulated Protective Order to any person
or entity except in strict compliance with the provisions of this Order. I further agree
to submit to the jurisdiction of the United States District Court for the Central District
of California for enforcing the terms of this Stipulated Protective Order, even if such
enforcement proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Stipulated Protective
Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________

Printed name: _______________________________

Signature: __________________________________

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979000. Public record. Not legal advice.