even stipulated protective 16 orders require good cause showing
How later courts described this case
- even stipulated protective 16 orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 1 of 24 Page ID #:1544
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9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
12 RAMTIN ZAKIKHANI, KIMBERLY Case No.: 8:20-cv-01584-SB-JDE
ELZINGA, THEODORE MADDOX
13 JR., MICHAEL SUMMA, STIPULATED PROTECTIVE
JACQUELINE WASHINGTON, ORDER
14 PATTI TALLEY, ANA OLACIREGUI,
ELAINE PEACOCK, MELODY
15 IRISH, and DONNA TINSLEY, DISCOVERY MATTER
individually and on behalf of all others
16 similarly situated,
17 Plaintiffs,
18 v.
19 HYUNDAI MOTOR COMPANY,
HYUNDAI MOTOR AMERICA, KIA
20 CORPORATION, and KIA AMERICA,
INC.,
21
Defendants
22
23
24 Pursuant to the parties’ Stipulation (Dkt. 86), and for good cause shown, the
25 Court finds and orders as follows.
26 / / /
27 / / /
28 / / /
STIPULATED PROTECTIVE ORDER
CASE NO. 8:20-cv-01584-SB-JDE
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 2 of 24 Page ID #:1545
1 1. PURPOSES AND LIMITATIONS
2 Discovery in this Action involves production of confidential, proprietary, or
3 private information for which special protection from public disclosure and from use
4 for any purpose other than prosecuting this litigation may be warranted. Accordingly,
5 the Parties hereby stipulate to and petition the Court to enter the following Stipulated
6 Protective Order. The Parties acknowledge that this Stipulated Protective Order does
7 not confer blanket protections on all disclosures or responses to discovery and that the
8 protection it affords from public disclosure and use extends only to the limited
9 information or items that are entitled to confidential treatment under the applicable
10 legal principles.
11 2. GOOD CAUSE STATEMENT
12 This Action is likely to involve trade secrets, customer and pricing lists, and
13 other valuable research, development, commercial, financial, technical, and/or
14 proprietary information for which special protection from public disclosure and from
15 use for any purpose other than prosecution of this Action is warranted. Such
16 confidential and proprietary materials and information may consist of, among other
17 things, confidential business or financial information, private customer information,
18 information regarding confidential business practices, or other confidential research,
19 development, or commercial information (including information implicating privacy
20 rights of third parties), information otherwise generally unavailable to the public, or
21 which may be privileged or otherwise protected from disclosure under state or federal
22 statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow
23 of information, to facilitate the prompt resolution of disputes over confidentiality of
24 Discovery Materials, to adequately protect information the Parties are entitled to keep
25 confidential, to ensure that the Parties are permitted reasonable necessary uses of such
26 material in preparation for and in the conduct of trial, to address their handling at the
27 end of the Action, and to serve the ends of justice, a protective order for such
28 information is justified in this matter. It is the intent of the Parties that information will
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1 not be designated as confidential for tactical reasons and that nothing be so designated
2 without a good faith belief that it has been maintained in a confidential, non-public
3 manner, and there is good cause why it should not be part of the public record of this
4 case.
5 3. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE
6 The Parties acknowledge, as set forth in Section 14.3 below, that this Stipulated
7 Protective Order does not entitle the Parties to file confidential information under seal;
8 Local Civil Rule 79-5 sets forth the procedures that must be followed and the standards
9 that will be applied when a Party seeks permission from the Court to file material under
10 seal. There is a strong presumption that the public has a right of access to judicial
11 proceedings and records in civil cases. In connection with non-dispositive motions,
12 good cause must be shown to support a filing under seal. See Kamakana v. City and
13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips ex rel. Estates of
14 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Wellbon
15 v. Sony Elec., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
16 orders require good cause showing), and a specific showing of good cause or
17 compelling reasons with proper evidentiary support and legal justification, must be
18 made with respect to Protected Material that a Party seeks to file under seal. The
19 Parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
20 does not—without the submission of competent evidence by declaration, establishing
21 that the material sought to be filed under seal qualifies as confidential, privileged, or
22 otherwise protectable—constitute good cause.
23 Further, if a Party requests sealing related to a dispositive motion or trial, then
24 compelling reasons, not only good cause, for the sealing must be shown, and the relief
25 sought shall be narrowly tailored to serve the specific interest to be protected. See
26 Pintos v. Pac. Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
27 or type of information, document, or thing sought to be filed or introduced under seal,
28 the Party seeking protection must articulate compelling reasons, supported by specific
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1 facts and legal justification, for the requested sealing order. Again, competent evidence
2 supporting the application to file documents under seal must be provided by
3 declaration. Any requests for sealing filed in connection with a dispositive motion, a
4 class certification motion, or trial must be granted by the District Judge presiding over
5 the Action.
6 Any document that is not confidential, privileged, or otherwise protectable in
7 its entirety will not be filed under seal if the confidential portions can be redacted. If
8 documents can be redacted, then a redacted version for public viewing, omitting only
9 the confidential, privileged, or otherwise protectable portions of the document, shall
10 be filed. Any application that seeks to file documents under seal in their entirety should
11 include an explanation of why redaction is not feasible.
12 4. DEFINITIONS
13 4.1 Action: the above-captioned action, Ramtin Zakikhani, et al. v. Hyundai
14 Motor Company, et al., 8:20-cv-01584-SB-JDE (C.D. Cal.).
15 4.2 Challenging Party: a Party or Non-Party that challenges the designation
16 of information or items under this Stipulated Protective Order.
17 4.3 “CONFIDENTIAL” Information or Items: For purposes of this
18 Stipulated Protective Order, information that may be designated as
19 “CONFIDENTIAL” includes any information that a Party intends to produce and
20 believes in good faith to be confidential or sensitive non-public information, including,
21 but not limited to, research, design, development, financial, technical, marketing,
22 planning, personal, or commercial information, as such terms are used in Rule 26(c)
23 of the Federal Rules of Civil Procedure and any applicable case law interpreting Rule
24 26(c), and as specified above in the Good Cause Statement. “CONFIDENTIAL”
25 Information or Items also include information that a Party is required to maintain as
26 confidential under the terms of an agreement or other understanding.
27 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
28 support staff).
3
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Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 5 of 24 Page ID #:1548
1 4.5 Designating Party: a Party or Non-Party that designates information or
2 items that it produces in disclosures or in responses to discovery as
3 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA.”
4 4.6 Disclosure or Discovery Material: all items or information, regardless of
5 the medium or manner in which they are generated, stored, or maintained (including,
6 among other things, testimony, transcripts, and tangible things), that are produced or
7 generated in disclosures or responses to discovery.
8 4.7 Expert: a person or firm with specialized knowledge or experience in a
9 matter pertinent to the Action who has been retained by a Party or its Counsel to serve
10 as an expert witness or as a consultant in this Action.
11 4.8 “HIGHLY CONFIDENTIAL” Information or Items: For purposes of this
12 Stipulated Protective Order, Disclosure or Discovery Material may be designated as
13 “HIGHLY CONFIDENTIAL” if the Designating Party in good faith believes the
14 Disclosure or Discovery Material constitutes or contains confidential and highly
15 sensitive competitive business and/or proprietary information that warrants the highest
16 level of confidentiality, the disclosure of which other than as provided in Section 9.3
17 below will place the Producing Party at a competitive disadvantage. Any Producing
18 Party may designate as “HIGHLY CONFIDENTIAL”: (i) trade secrets; (ii) current
19 and future business and marketing plans that have not been disclosed to the public;
20 (iii) research and development activities that have not been disclosed to the public; (iv)
21 commercial agreements with third parties containing competitively sensitive
22 information, and the negotiations concerning such agreements, provided that the
23 Producing Party has taken reasonable steps to keep the terms of such agreements and
24 related negotiations—as distinct from the existence of the commercial relationship—
25 out of the public domain; (v) non-public communications with United States and
26 foreign patent offices that are not producible by those patent offices pursuant to public
27 records requests; (vi) non-public communications with United States or foreign
28 regulatory agencies that are not producible by those patent offices pursuant to public
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Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 6 of 24 Page ID #:1549
1 records requests; (vii) non-public financial information, including non-public sales
2 information, sales projections, profit calculations, income and costs (i.e., production,
3 marketing, and overhead); and (viii) any other category of information subsequently
4 agreed to by the parties in writing as constituting “HIGHLY CONFIDENTIAL”
5 Information or Items.
6 4.9 House Counsel: attorneys who are employees of a Party. House Counsel
7 does not include Outside Counsel of Record or any other outside counsel.
8 4.10 Non-Party: any natural person, partnership, corporation, association, or
9 other legal entity not named as a Party.
10 4.11 Outside Counsel of Record: attorneys who are not employees of a Party
11 but are retained to represent a Party and have appeared in this Action on behalf of that
12 Party or are affiliated with a law firm that has appeared on behalf of that Party, and
13 includes support staff.
14 4.12 Party: any party to this Action, including all of its officers, directors,
15 employees, consultants, retained experts, and Outside Counsel of Record (and their
16 support staffs).
17 4.13 Producing Party: a Party or Non-Party that produces Disclosure or
18 Discovery Material in this Action.
19 4.14 Professional Vendors: persons or entities that provide litigation support
20 services, including outside copying services, court reporters, interpreters, translators,
21 stenographers, or companies engaged in the business of supporting computerized or
22 electronic litigation discovery or trial preparation, and their employees and
23 subcontractors.
24 4.15 “PROTECTED DATA”: Sensitive personal information of individuals
25 that is protected from disclosure by an applicable law, statute, or regulation.
26 “PROTECTED DATA” includes the following:
27 (a) Social Security Numbers (SSN), except the last four digits;
28 (b) Passport Numbers, except the last four digits;
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1 (c) Driver’s License Numbers, except the last four digits;
2 (d) State Identification Numbers, except the last four digits;
3 (e) Taxpayer Identification Numbers, except the last four digits;
4 (f) Patient Identification Numbers, except the last four digits;
5 (g) Financial Account Numbers, except the last four digits;
6 (h) Credit/Debit Card Numbers, except the last four digits;
7 (i) Media Access Control (MAC) addresses, except the last four
8 digits;
9 (j) Biometric information;
10 (k) Fingerprints;
11 (l) Retina scans;
12 (m) Voice signatures;
13 (n) Facial geometry;
14 (o) Medical information unrelated to the alleged defects at issue in
15 this Action;
16 (p) Information identifying credit card or bank account balances;
17 (q) Names of minor children, unless related to the issue of providing
18 notice to a putative class;
19 (r) Home addresses, except for the State and zip code, that do not
20 relate to the issue of providing notice to a putative class or facilitating
21 service upon a potential witness to this Action;
22 (s) Dates of birth, other than the year of an individual’s birth;
23 (t) Alien Registration Numbers;
24 (u) Identification card numbers, except the last four digits;
25 (v) Data identifying the physical location of persons if not relevant
26 to the Action;
27 (w) Internet Protocol (IP) addresses, except the last four digits;
28 (x) Cookie IDs, except the last four digits;
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 8 of 24 Page ID #:1551
1 (y) Advertising identifiers of a phone, except the last four digits;
2 (z) Racial or ethnic origin; and
3 (aa) Genetic data.
4 No other information that falls outside the enumerated list above shall be
5 deemed “PROTECTED DATA” absent later agreement of the Parties or a court order.
6 4.16 Protected Material: any Disclosure or Discovery Material that is
7 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” or that
8 constitutes “PROTECTED DATA.”
9 4.17 Receiving Party: a Party that receives Disclosure or Discovery Material
10 from a Producing Party.
11 5. SCOPE
12 The protections conferred by this Stipulated Protective Order cover not only
13 Protected Material (as defined above), but also (1) any information copied or extracted
14 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
15 Protected Material; and (3) any testimony, conversations, or presentations by Parties
16 or their Counsel that might reveal Protected Material. Any use of Protected Material
17 at trial shall be governed by the orders of the trial judge and other applicable
18 authorities. This Stipulated Protective Order does not govern the use of Protected
19 Material at trial.
20 6. DURATION
21 Once this Action proceeds to trial, information that was designated as
22 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or maintained pursuant to this
23 Stipulated Protective Order that is used or introduced as an exhibit at trial becomes
24 public and will be presumptively available to all members of the public, including the
25 press, unless compelling reasons supported by specific factual findings to proceed
26 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d
27 at 1180-81 (distinguishing “good cause” showing for sealing documents produced in
28 discovery from “compelling reasons” standard when merits-related documents are part
7
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1 of court record). Accordingly, the terms of this Stipulated Protective Order do not
2 extend to such information beyond the commencement of the trial. The terms of this
3 Stipulated Protective Order shall continue to apply to all other information and
4 documents not used or introduced as an exhibit at trial.
5 7. DESIGNATING PROTECTED MATERIAL
6 7.1 Exercise of Restraint and Care in Designating Material for
7 Protection. Each Party or Non-Party that designates information or items for protection
8 under this Stipulated Protective Order must take care to limit any such designation to
9 specific material that qualifies under the appropriate standards. The Designating Party
10 must designate for protection only those parts of material, documents, items, or oral
11 or written communications that qualify for protection so that other portions of the
12 material, documents, items, or communications for which protection is not warranted
13 are not swept unjustifiably within the ambit of this Stipulated Protective 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 purpose
16 (e.g., to unnecessarily encumber the case development process or to impose
17 unnecessary expenses and burdens on other parties) may expose the Designating Party
18 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 Stipulated Protective Order or as otherwise stipulated or ordered, Disclosure or
24 Discovery Material that qualifies for protection under this Stipulated Protective Order
25 must be clearly so designated before the material is disclosed or produced.
26 Designation in conformity with this Stipulated Protective Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
28 documents, but excluding transcripts of depositions or other pretrial or trial
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1 proceedings), that the Producing Party affix at a minimum, the legend
2 “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA” to
3 each document that contains any Protected Material. However, upon reasonable
4 request by a Party to a Designating Party to identify the specific portions of a document
5 that contain Protected Material purportedly justifying the designation, the Designating
6 Party shall provide that information, including the relevant pages, within five (5)
7 business days of the non-Designating Party’s request. A Party or Non-Party that makes
8 original documents available for inspection need not designate them for protection
9 until after the inspecting Party has indicated which documents it would like copied
10 and produced. During the inspection and before the designation, all of the material
11 made available for inspection shall be deemed “CONFIDENTIAL.” After the
12 inspecting Party has identified the documents it wants copied and produced, the
13 Producing Party must determine which documents, or portions thereof, qualify for
14 protection under this Stipulated Protective Order. Then, before producing the specified
15 documents, the Producing Party must affix the “CONFIDENTIAL,” “HIGHLY
16 CONFIDENTIAL,” or “PROTECTED DATA” legend, as appropriate, to each
17 document that contains Protected Material. However, upon reasonable request by a
18 Party to a Designating Party to identify the specific portions of a document that contain
19 Protected Material purportedly justifying the designation, the Designating Party shall
20 provide that information, including the relevant pages, within five (5) business days
21 of the non-Designating Party’s request.
22 (b) for testimony given in deposition that the Designating Party
23 designates portions of the testimony as “CONFIDENTIAL” or “HIGHLY
24 CONFIDENTIAL” on the record at the deposition, or by identifying specific pages
25 and/or lines as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” within 21 days
26 after receipt of the transcript of the deposition in which the designations are made. All
27 deposition transcripts shall be treated as “CONFIDENTIAL” for 21 days following
28 receipt by the Designating Party of the transcript.
9
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1 The Parties shall direct the reporter attending each deposition to place the
2 following legend in bold type on all the covers of all deposition transcripts:
3 “NOTICE: This deposition is subject to a Protective Order and may
4 contain “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” testimony
5 and/or exhibits.”
6 Whenever Protected Material is to be discussed or disclosed in a
7 deposition, the Designating Party for such Protected Material shall have the right to
8 require the exclusion from the room of any person who is not entitled to access such
9 Protected Material. Nothing in this provision is intended to impose any obligation
10 upon a Receiving Party beyond those imposed by the Federal Rules of Civil Procedure.
11 Any Party’s introduction or other use of Protected Material in a deposition shall not
12 be deemed to waive the continued designation and treatment of such Protected
13 Material as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or “PROTECTED
14 DATA.”
15 (c) for information produced in some form other than documentary and
16 for any other tangible items, that the Producing Party affix in a prominent place on the
17 exterior of the container or containers in which the information or item is stored, as
18 applicable, the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL,” or
19 “PROTECTED DATA,” as appropriate. If only a portion or portions of the
20 information warrants protection, the Producing Party, to the extent practicable, shall
21 identify the protected portion(s).
22 7.3 Redaction of “PROTECTED DATA”: Any Party may redact
23 “PROTECTED DATA” that it claims, in good faith, requires protections under the
24 terms of this Stipulated Protective Order and which is irrelevant to the Action.
25 Redactions of “PROTECTED DATA” will include the reason for the redaction and
26 the redacting party shall prepare and maintain a log that identifies: (a) the Bates
27 number(s) of the redacted documents; (b) the category of “PROTECTED DATA” that
28 has been redacted (e.g., social security numbers, credit card numbers, etc.); and (c) a
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1 general description of the individual or entity to whom the redacted “PROTECTED
2 DATA” relates, if known, for example, whether the redacted information relates to a
3 Party, a customer or potential customer of a Party, a current or former employee,
4 officer, or director of a Party, a commercial supplier to a Party, or a governmental
5 agency. The Producing Party shall maintain the log of “PROTECTED DATA”
6 redactions and shall produce that log within 14 days of any production of documents
7 containing redacted Protected Data. The Producing Party shall reasonably respond to
8 reasonable requests for further specificity concerning redactions in good faith. Where
9 “PROTECTED DATA” is not redacted because it is relevant to the Action, the
10 document or information containing the “PROTECTED DATA” shall be designated
11 as “PROTECTED DATA.” Such “PROTECTED DATA,” while unredacted, shall
12 otherwise receive the same protections and treatment afforded to other “PROTECTED
13 DATA” under this Stipulated Protective Order.
14 7.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent
15 failure to designate qualified information or items as “CONFIDENTIAL,” “HIGHLY
16 CONFIDENTIAL,” or “PROTECTED DATA” does not, standing alone, waive the
17 Designating Party’s right to secure protection under this Stipulated Protective Order
18 for such material. Upon timely correction of a designation, the Receiving Party must
19 make reasonable good faith efforts to assure that the material is treated in accordance
20 with the provisions of this Stipulated Protective Order. If the Producing Party amends
21 the designation of information or items pursuant to this section, the Producing Party
22 must provide a replacement production with the corrected designation and load file
23 within 21 days of the amendment of the designation.
24 7.5 The Receiving Party shall also exercise good faith efforts to ensure that
25 copies made of the material by the Receiving Party, and copies made by others who
26 obtained the material directly or indirectly from the Receiving Party, include the
27 appropriate confidentiality legend, to the same extent that the material has been
28 marked with the appropriate confidentiality legend by the Designating Party.
11
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1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s Scheduling
4 Order. Unless a prompt challenge to a Designating Party’s confidentiality designation
5 is necessary to avoid foreseeable, substantial unfairness, and unnecessary economic
6 burdens, a Party does not waive its right to challenge a confidentiality designation by
7 electing not to mount a challenge promptly after the original designation is disclosed.
8 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
9 resolution process under Local Civil Rule 37-1 et seq.
10 8.3 Judicial Intervention. Any challenge submitted to the Court shall be via
11 a joint stipulation pursuant to Local Civil Rule 37-2. The burden of persuasion in any
12 such challenge proceeding shall be on the Designating Party. Frivolous challenges,
13 and those made for an improper purpose (e.g., to harass or impose unnecessary
14 expenses and burdens on other Parties) may expose the Challenging Party to sanctions.
15 Unless the Designating Party has waived or withdrawn the confidentiality designation,
16 all Parties shall continue to afford the material in question the level of protection to
17 which it is entitled under the Designating Party’s designation until the Court rules on
18 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 Stipulated Protective Order. When the Action has been
25 terminated, a Receiving Party must comply with the provisions of Section 15 below
26 (FINAL DISPOSITION).
27 Protected Material must be stored and maintained by a Receiving Party at a
28 location and in a secure manner that ensures that access is limited to the persons
12
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1 authorized under this Stipulated Protective Order.
2 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
3 otherwise ordered by the Court or permitted in writing by the Designating Party, a
4 Receiving Party may disclose information or items designated “CONFIDENTIAL”
5 only to:
6 (a) the Receiving Party’s Outside Counsel of Record, as well as
7 employees of said Outside Counsel of Record to whom it is reasonably necessary to
8 disclose the information for this Action;
9 (b) the officers, directors, and employees (including House Counsel) of
10 the Receiving Party to whom disclosure is reasonably necessary for this Action;
11 (c) Experts (as defined in this Stipulated Protective Order) of the
12 Receiving Party to whom disclosure is reasonably necessary for this Action and who
13 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (d) the Court and its personnel;
15 (e) court reporters and their staff;
16 (f) 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 (g) any person who (1) authored, is listed as a recipient of, or is
20 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the
21 material; (3) is an employee of the Producing Party; (4) was an employee of the
22 Producing Party and who has signed the “Acknowledgment and Agreement to Be
23 Bound” (Exhibit A); or (5) counsel in good faith believes has knowledge of the
24 information contained in the material, but only as to the subject matters to which such
25 person is reasonably thought to have specific knowledge and any information
26 reasonably related thereto, and who has signed the “Acknowledgment and Agreement
27 to Be Bound” (Exhibit A), and their counsel, who has signed the “Acknowledgment
28 and Agreement to Be Bound” (Exhibit A);
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1 (h) during their depositions, witnesses, and attorneys for witnesses, in the
2 Action to whom disclosure is reasonably necessary provided that: (1) the deposing
3 Party requests that the witness sign the form attached as Exhibit A hereto; and (2) the
4 witness will not be permitted to keep any “CONFIDENTIAL” Information or Items,
5 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of
6 transcribed deposition testimony or exhibits to depositions that reveal Protected
7 Material may be separately bound by the court reporter and may not be disclosed to
8 anyone except as permitted under this Stipulated Protective Order;
9 (i) mediators or settlement officers, and their supporting personnel,
10 mutually agreed upon by any Parties engaged in discussions concerning settlement of
11 all or part of this Action; and
12 (j) any other person that the Designating Party agrees in writing, or that
13 the Court orders, may receive the “CONFIDENTIAL” information or items.
14 9.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.
15 Unless otherwise ordered by the Court or permitted in writing by the Designating
16 Party, a Receiving Party may disclose information or items designated “HIGHLY
17 CONFIDENTIAL” only to:
18 (a) the Receiving Party’s Outside Counsel of Record, as well as
19 employees of said Outside Counsel of Record to whom it is reasonably necessary to
20 disclose the information for this Action;
21 (b) Experts (as defined in this Stipulated Protective Order) of the
22 Receiving Party to whom disclosure is reasonably necessary for this Action and who
23 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (c) the Court and its personnel;
25 (d) court reporters and their staff to whom disclosure is reasonably
26 necessary for this Action and who have signed the “Acknowledgment and Agreement
27 to Be Bound” (Exhibit A);
28
14
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1 (e) professional jury or trial consultants or mock jurors who (1) are not a
2 past or current employee of a Party or of a Party’s competitor, and (2) at the time of
3 retention, are not anticipated to become an employee of a Party or of a Party’s
4 competitor, and Professional Vendors to whom disclosure is reasonably necessary for
5 this Action and who have signed the “Acknowledgment and Agreement to Be Bound”
6 (Exhibit A);
7 (f) any person who (1) authored, is listed as a recipient of, or is
8 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the
9 material; (3) is an employee of the Producing Party; (4) was an employee of the
10 Producing Party at time the document was created and who has signed the
11 “Acknowledgement and Agreement to Be Bound” (Exhibit A); or (5) counsel in good
12 faith believes has knowledge of the information contained in the material, but only as
13 to the subject matters to which such person is reasonably thought to have specific
14 knowledge and any information reasonably related thereto, and who has signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and their counsel, who
16 has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (g) during their depositions, witnesses and attorneys for witnesses in the
18 Action to whom disclosure is reasonably necessary provided that: (1) the witness and
19 his or her attorney has signed the “Acknowledgment and Agreement to Be Bound”
20 (Exhibit A); and (2) the witness will not be permitted to keep any “HIGHLY
21 CONFIDENTIAL” Information or Items, unless otherwise agreed by the Designating
22 Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to
23 depositions that reveal Protected Material may be separately bound by the court
24 reporter and may not be disclosed to anyone except as permitted under this Stipulated
25 Protective Order;
26 (h) mediators or settlement officers, and their supporting personnel,
27 mutually agreed upon by any Parties engaged in discussions concerning settlement of
28 all or part of this Action; and
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 17 of 24 Page ID #:1560
1 (i) any other person that the Designating Party agrees in writing, or that
2 the Court orders, may receive the “HIGHLY CONFIDENTIAL” Information.
3 9.4 Disclosure of “PROTECTED DATA.” To the extent permitted by
4 applicable law, and unless otherwise ordered by the Court, a Receiving Party may
5 disclose any information or item designated as “PROTECTED DATA” only to:
6 (a) the Receiving Party’s Outside Counsel of Record, as well as
7 (b) employees of said Outside Counsel of Record to whom it is
8 reasonably necessary to disclose the information for this Action;
9 (c) Experts (as defined in this Stipulated Protective Order) of the
10 Receiving Party to whom disclosure is reasonably necessary for this Action and who
11 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
12 (d) the Court and its personnel;
13 (e) court reporters and their staff to whom disclosure is reasonably
14 necessary for this Action and who have signed the “Acknowledgment and Agreement
15 to Be Bound” (Exhibit A);
16 (f) 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 (g) any person who (1) authored, is listed as a recipient of, or is
20 mentioned, discussed, or referred to in the material; (2) is or was a custodian of the
21 material; (3) is an employee of the Producing Party; (4) was an employee of the
22 Producing Party and who has signed the “Acknowledgment and Agreement to Be
23 Bound” (Exhibit A); or (5) counsel in good faith believes has knowledge of the
24 information contained in the material, but only as to the subject matters to which such
25 person is reasonably thought to have specific knowledge and any information
26 reasonably related thereto, and who has signed the “Acknowledgment and Agreement
27 to Be Bound” (Exhibit A), and their counsel, who has signed the “Acknowledgment
28 and Agreement to Be Bound” (Exhibit A);
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 18 of 24 Page ID #:1561
1 (h) mediators or settlement officers, and their supporting personnel,
2 mutually agreed upon by any Parties engaged in discussions concerning settlement of
3 all or part of this Action;
4 (i) during their depositions, witnesses and attorneys for witnesses in the
5 Action to whom disclosure is reasonably necessary, provided that: (1) the witness and
6 his or her attorney has signed the “Acknowledgment and Agreement to Be Bound”
7 (Exhibit A); and (2) the witness will not be permitted to keep any information or items
8 designated as PROTECTED DATA, unless otherwise agreed by the Designating Party
9 or ordered by the Court. Pages of transcribed deposition testimony or exhibits to
10 depositions that reveal Protected Material may be separately bound by the court
11 reporter and may not be disclosed to anyone except as permitted under this Stipulated
12 Protective Order; and
13 (j) any other person that the Designating Party agrees in writing, or that
14 the Court orders, may receive the “PROTECTED DATA”.
15 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
16 OTHER LITIGATION
17 If a Party is served with a subpoena or a court order issued in other litigation
18 that compels disclosure of any Protected Material, that Party must:
19 (a) promptly notify in writing the Designating Party. Such notification
20 shall include a copy of the subpoena or court order;
21 (b) promptly notify in writing the party who caused the subpoena or order
22 to issue in the other litigation that some or all of the material covered by the subpoena
23 or order is subject to this Stipulated Protective Order. Such notification shall include
24 a copy of this Stipulated Protective Order; and
25 (c) cooperate with respect to all reasonable procedures sought to be
26 pursued by the Designating Party whose Protected Material may be affected.
27 If the Designating Party timely seeks a protective order, the Party served with
28 the subpoena or court order shall not produce any Protected Material before a
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 19 of 24 Page ID #:1562
1 determination by the court from which the subpoena or order issued, unless the Party
2 has obtained the Designating Party’s permission. The Designating Party shall bear the
3 burden and expense of seeking protection in the court from which the subpoena or
4 order issued of its confidential material. Nothing herein should be construed as
5 authorizing or encouraging a Receiving Party to disobey a lawful directive from
6 another court.
7 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
8 PRODUCED IN THIS ACTION
9 11.1 The terms of this Stipulated Protective Order are applicable to
10 information or items produced by a Non-Party and designated as “CONFIDENTIAL,”
11 “HIGHLY CONFIDENTIAL,” or “PROTECTED DATA.” Such information or items
12 produced by Non-Parties in connection with this Action is protected by the remedies
13 and relief provided by this Stipulated Protective Order. However, nothing herein
14 should be construed as prohibiting a Non-Party from seeking additional protections.
15 11.2 In the event that a Party is required, by a valid discovery request, to
16 produce a Non-Party’s Protected Material, and the Party is subject to an agreement
17 with the Non-Party not to produce the Non-Party’s Protected Material, then the Party
18 shall:
19 (a) promptly notify the Requesting Party and the Non-Party in writing
20 that some or all of the information requested is subject to a confidentiality agreement
21 with a Non-Party;
22 (b) promptly provide the Non-Party with a copy of this Stipulated
23 Protective Order, the relevant discovery request(s), and a reasonably specific
24 description of the information requested; and
25 (c) make the information requested available for inspection by the Non-
26 Party, if requested.
27 11.3 If the Non-Party fails to object or seek a protective order from this Court
28 within 14 days of receiving the notice and accompanying information, the Receiving
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 20 of 24 Page ID #:1563
1 Party may produce the Non-Party’s Protected Material responsive to the discovery
2 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
3 produce any Protected Material in its possession or control that is subject to the
4 confidentiality agreement with the Non-Party before a determination by the Court.
5 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
6 of seeking protection in this Court of its Protected Material.
7 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11 writing the Designating Party of the unauthorized disclosure, (b) use its best efforts to
12 retrieve all unauthorized copies of the Protected Material, (c) inform the person or
13 persons to whom unauthorized disclosure was made of all of the terms of this
14 Stipulated Protective Order, and (d) request such person or persons to execute the
15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
16 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 PROTECTED MATERIAL
18 When a Producing Party gives notice to Receiving Parties that certain
19 inadvertently produced material is subject to a claim of privilege or other protection,
20 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
21 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
22 may be established in an e-discovery order that provides for production without prior
23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24 Parties reach an agreement on the effect of disclosure of a communication or
25 information covered by the attorney-client privilege or work product protection, the
26 Parties may incorporate their agreement in the Stipulated Protective Order submitted
27 to the Court.
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 21 of 24 Page ID #:1564
1 14. MISCELLANEOUS
2 14.1 Right to Further Relief. Nothing in this Stipulated Protective Order
3 abridges the right of any person to seek its modification by the Court in the future.
4 14.2 Right to Assert Other Objections. By stipulating to the entry of this
5 Stipulated Protective Order, no Party waives any right it otherwise would have to
6 object to disclosing or producing any information or item on any ground not addressed
7 in this Stipulated Protective Order. Similarly, no Party waives any right to object on
8 any ground to use in evidence any of the material covered by this Stipulated Protective
9 Order.
10 14.3 Filing Protected Material. A Party that seeks to file under seal any
11 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
12 only be filed under seal pursuant to a court order authorizing the sealing of the specific
13 Protected Material. If a Party’s request to file Protected Material under seal is denied
14 by the Court, then the Receiving Party may file the information in the public record
15 unless otherwise instructed by the Court.
16 15. FINAL DISPOSITION
17 Upon final disposition of this Action, including any and all appeals, counsel for
18 each Party shall, upon request of the Producing Party, return to the Producing Party all
19 Protected Material, including any copies, excerpts, and summaries thereof, or shall
20 destroy the same at the option of the Receiving Party, and shall purge all such
21 information from all machine-readable media on which the Protected Material resides.
22 Whether the Protected Material is returned or destroyed, the Receiving Party must
23 submit a written certification to the Producing Party (and, if not the same person or
24 entity, to the Designating Party) within 30 days of the request, that (1) identifies (by
25 category, where appropriate) all the Protected Material that was returned or destroyed,
26 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
27 compilations, summaries, or any other format reproducing or capturing any of the
28 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 22 of 24 Page ID #:1565
1 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
2 legal memoranda, correspondence, deposition and trial exhibits, expert reports,
3 attorney work product, and consultant and expert work product, even if such materials
4 contain Protected Material. Any such archival copies that contain or constitute
5 Protected Material remain subject to this Stipulated Protective Order as set forth in
6 Section 6.
7 16. VIOLATIONS
8 Any violation of this Stipulated Protective Order may be punished by any and
9 all appropriate measures including, without limitation, contempt proceedings and/or
10 monetary sanctions.
11 17. PROTECTIVE ORDER REMAINS IN FORCE
12 This Stipulated Protective Order shall remain in force and effect until modified,
13 superseded, or terminated by consent of the Parties or by order of the Court made upon
14 reasonable written notice. Unless otherwise ordered or agreed upon by the Parties, this
15 Stipulated Protective Order shall survive the termination of this Action. The Court
16 retains jurisdiction even after termination of this Action to enforce this Stipulated
17 Protective Order and to make such amendments, modifications, deletions, and
18 additions to this Stipulated Protective Order as the Court may from time to time deem
19 appropriate.
20 18. MODIFYING THIS ORDER
21 Nothing in this Stipulated Protective Order shall be construed to prohibit the
22 Parties from agreeing to modify any provision herein (except for provisions involving
23 the Court), or seeking relief from the Court. Nor shall anything in this Stipulated
24 Protective Order or any Party’s compliance herewith be construed as a waiver of any
25 Party’s rights under applicable law, including objections to particular discovery
26 sought.
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STIPULATED PROTECTIVE ORDER
□□□□□□□□□□□□□□□□□□□□□□□□□□ Document 87 Filed 03/14/22 Page 23 0f 24 Page ID #:1566
1] FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
3] DATED: March 14, 2022
J fl
5 tte’ ef —
6 United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER
Case 8:20-cv-01584-SB-JDE Document 87 Filed 03/14/22 Page 24 of 24 Page ID #:1567
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, __________________ [print or type full name], of
5 _____________________________ [print or type full address], declare under penalty
6 of perjury that I have read in its entirety and understand the Stipulated Protective Order
7 that was issued by the United States District Court for the Central District of California
8 in the case of Ramtin Zakikhani, et al. v. Hyundai Motor Company, et al., 8:20-cv-
9 01584-SB-JDE (C.D. Cal.) (the “Action”). I agree to comply with and to be bound by
10 all the terms of that Stipulated Protective Order, and I understand and acknowledge
11 that failure to so comply could expose me to sanctions and punishment in the nature
12 of contempt. I solemnly promise that I will not disclose in any manner any information
13 or item that is subject to the Stipulated Protective Order to any person or entity except
14 in strict compliance with the provisions of the Stipulated Protective Order.
15 I agree to return or destroy all copies of any documents or information
16 containing Protected Material I have received to counsel who provided them to me
17 upon completion of the purpose for which they were provided and no later than the
18 conclusion of this Action.
19 I further agree to submit to the jurisdiction of the United States District Court
20 for the Central District of California for the purpose of enforcing the terms of the
21 Stipulated Protective Order, even if such enforcement proceedings occur after
22 termination of the Action. I declare under penalty of perjury under the laws of the
23 United States of America that the foregoing is true and correct.
24 Executed on this _____ day of ____________, 20___, at
25 ________________________ [insert city and state where sworn and signed].
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EXHIBIT A