# Michael Sherlock v. The Goodyear Tire and Rubber Company

> District Court, C.D. California · March 18, 2022

URL: https://www.frixlaw.com/law-library/cases/9979400

## Case

- **Court:** District Court, C.D. California
- **Decided:** March 18, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9979400

## Opinion text

Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 1 of 17 Page ID #:188

1 Sarah E. Ross, Bar No. 252206
sross@littler.com
2 Devon S. Mills, Bar No. 325471
dsmills@littler.com
3 LITTLER MENDELSON, P.C.
2049 Century Park East
4 5th Floor
Los Angeles, California 90067.3107
5 Telephone: 310.553.0308
Fax No.: 310.553.5583
6
Attorneys for Defendant
7 THE GOODYEAR TIRE & RUBBER COMPANY

8 Tracy L. Fehr. (SBN 239005)
tfehr@amfllp.com
9 John L. Schwab (SBN 307599)
jschwab@amfllp.com
10 ALEXANDER MORRISON + FEHR LLP
1900 Avenue of the Stars, Suite 900
11 Los Angeles, California 90067
Telephone: (310) 394-0888
12
G. Samuel Cleaver (SBN 245717)
13 Sam@gscleaverlaw.com
LAW OFFICES OF G. SAMUEL CLEAVER
14 3600 Wilshire Blvd., Suite 922
Los Angeles, California 90010
15 Telephone: (213) 568-4088

16 Attorneys for Plaintiff MICHAEL SHERLOCK
17 UNITED STATES DISTRICT COURT
18 CENTRAL DISTRICT OF CALIFORNIA
19 WESTERN DIVISION
20
21 MICHAEL SHERLOCK, an individual, Case No. 2:22-CV-00426-SVW-AFM
22 Plaintiff, ASSIGNED TO JUDGE STEPHEN
23 v. V. WILSON
24 T CH OE M G PAO NO YD ,Y aE CA aR li fT oI rR niE a C& o R rpU oB raB tiE onR S PT RI OP TU EL CA TT II VO EN O A RN DD E R1
25 and DOES 1-20, inclusive ,
26 Defendant.
27

28 1 This Stipulated Protective Order is based substantially on the model protective order provided
under Magistrate Judge Alexander F. MacKinnon’s Procedures.
LITTLER MENDELSON P.C.
Los2 0 A4 n9 g 3eC 1lee5 0snt .h 5t u 5CFr 3y Al .o 0P o 39ar 00 r 8k 0 6E 7a .3st 1 07
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 2 of 17 Page ID #:189

1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles.
11 B. GOOD CAUSE STATEMENT
12 This action is likely to involve trade secrets, corporate financial data and other
13 technical and/or proprietary information for which special protection from public
14 disclosure and from use for any purpose other than prosecution of this action is
15 warranted. Such confidential and proprietary materials and information consist of,
16 among other things, confidential business or financial information, information
17 regarding confidential business practices, or other confidential research,
18 development, or commercial information (including information implicating
19 privacy rights of third parties), information otherwise generally unavailable to the
20 public. Further, additional information regarding the private personal information
21 of Plaintiff or employees may need to be produced. Such information may be
22 privileged or otherwise protected from disclosure under state or federal statutes,
23 court rules, case decisions, or common law. Accordingly, to expedite the flow of
24 information, to facilitate the prompt resolution of disputes over confidentiality of
25 discovery materials, to adequately protect information the parties are entitled to
26 keep confidential, to ensure that the parties are permitted reasonable necessary uses
27 of such material in preparation for and in the conduct of trial, to address their
28 handling at the end of the litigation, and serve the ends of justice, a protective order
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 2
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 3 of 17 Page ID #:190

1 for such information is justified in this matter. It is the intent of the parties that
2 information will not be designated as confidential for tactical reasons and that
3 nothing be so designated without a good faith belief that it has been maintained in
4 a confidential, non-public manner, and there is good cause why it should not be part
5 of the public record of this case.
6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
7 SEAL
8 The parties further acknowledge, as set forth in Section 12.3, below, that this
9 Stipulated Protective Order does not entitle them to file confidential information
10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
11 and the standards that will be applied when a party seeks permission from the court
12 to file material under seal.
13 There is a strong presumption that the public has a right of access to judicial
14 proceedings and records in civil cases. In connection with non-dispositive motions,
15 good cause must be shown to support a filing under seal. See Kamakana v. City and
16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
18 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
19 require good cause showing), and a specific showing of good cause or compelling
20 reasons with proper evidentiary support and legal justification, must be made with
21 respect to Protected Material that a party seeks to file under seal. The parties’ mere
22 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
23 without the submission of competent evidence by declaration, establishing that the
24 material sought to be filed under seal qualifies as confidential, privileged, or
25 otherwise protectable—constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial, then
27 compelling reasons, not only good cause, for the sealing must be shown, and the
28 relief sought shall be narrowly tailored to serve the specific interest to be protected.
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 3
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 4 of 17 Page ID #:191

1 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
2 each item or type of information, document, or thing sought to be filed or introduced
3 under seal in connection with a dispositive motion or trial, the party seeking
4 protection must articulate compelling reasons, supported by specific facts and legal
5 justification, for the requested sealing order. Again, competent evidence supporting
6 the application to file documents under seal must be provided by declaration. Any
7 document that is not confidential, privileged, or otherwise protectable in its entirety
8 will not be filed under seal if the confidential portions can be redacted. If documents
9 can be redacted, then a redacted version for public viewing, omitting only the
10 confidential, privileged, or otherwise protectable portions of the document, shall be
11 filed. Any application that seeks to file documents under seal in their entirety should
12 include an explanation of why redaction is not feasible.
13
14 2. DEFINITIONS
15 2.1 Action: United States District Court for the Central District of California,
16 Case No. 2:22-CV-00426-SVW-AFM
17 2.2 Challenging Party: a Party or Non-Party that challenges the designation
18 of information or items under this Order.
19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
20 how it is generated, stored or maintained) or tangible things that qualify for
21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
22 the Good Cause Statement.
23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
24 support staff).
25 2.5 Designating Party: a Party or Non-Party that designates information or
26 items that it produces in disclosures or in responses to discovery as
27 “CONFIDENTIAL.”
28 2.6 Disclosure or Discovery Material: all items or information, regardless of
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 4
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 5 of 17 Page ID #:192

1 the medium or manner in which it is generated, stored, or maintained (including,
2 among other things, testimony, transcripts, and tangible things), that are produced
3 or generated in disclosures or responses to discovery in this matter.
4 2.7 Expert: a person with specialized knowledge or experience in a matter
5 pertinent to the litigation who has been retained by a Party or its counsel to serve as
6 an expert witness or as a consultant in this Action.
7 2.8 House Counsel: attorneys who are employees of a party to this Action.
8 House Counsel does not include Outside Counsel of Record or any other outside
9 counsel.
10 2.9 Non-Party: any natural person, partnership, corporation, association or
11 other legal entity not named as a Party to this action.
12 2.10 Outside Counsel of Record: attorneys who are not employees of a party
13 to this Action but are retained to represent or advise a party to this Action and have
14 appeared in this Action on behalf of that party or are affiliated with a law firm that
15 has appeared on behalf of that party, and includes support staff.
16 2.11 Party: any party to this Action, including all of its officers, directors,
17 employees, consultants, retained experts, and Outside Counsel of Record (and their
18 support staffs).
19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
20 Discovery Material in this Action.
21 2.13 Professional Vendors: persons or entities that provide litigation support
22 services (e.g., photocopying, videotaping, translating, preparing exhibits or
23 demonstrations, and organizing, storing, or retrieving data in any form or medium)
24 and their employees and subcontractors.
25 2.14 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
28 from a Producing Party.
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 5
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 6 of 17 Page ID #:193

1 3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7 Any use of Protected Material at trial shall be governed by the orders of the
8 trial judge. This Order does not govern the use of Protected Material at trial.
9
10 4. DURATION
11 Once a case proceeds to trial, information that was designated as
12 CONFIDENTIAL or maintained pursuant to this protective order used or
13 introduced as an exhibit at trial becomes public and will be presumptively available
14 to all members of the public, including the press, unless compelling reasons
15 supported by specific factual findings to proceed otherwise are made to the trial
16 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
17 “good cause” showing for sealing documents produced in discovery from
18 “compelling reasons” standard when merits-related documents are part of court
19 record). Accordingly, the terms of this protective order do not extend beyond the
20 commencement of the trial.
21
22 5. DESIGNATING PROTECTED MATERIAL
23 5.1 Exercise of Restraint and Care in Designating Material for Protection.
24 Each Party or Non-Party that designates information or items for protection under
25 this Order must take care to limit any such designation to specific material that
26 qualifies under the appropriate standards. The Designating Party must designate for
27 protection only those parts of material, documents, items or oral or written
28 communications that qualify so that other portions of the material, documents, items
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 6
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 7 of 17 Page ID #:194

1 or communications for which protection is not warranted are not swept unjustifiably
2 within the ambit of this Order.
3 Mass, indiscriminate or routinized designations are prohibited. Designations
4 that are shown to be clearly unjustified or that have been made for an improper
5 purpose (e.g., to unnecessarily encumber the case development process or to impose
6 unnecessary expenses and burdens on other parties) may expose the Designating
7 Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it
9 designated for protection do not qualify for protection, that Designating Party must
10 promptly notify all other Parties that it is withdrawing the inapplicable designation.
11 5.2 Manner and Timing of Designations. Except as otherwise provided in this
12 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
14 under this Order must be clearly so designated before the material is disclosed or
15 produced.
16 Designation in conformity with this Order requires:
17 (a) for information in documentary form (e.g., paper or electronic documents,
18 but excluding transcripts of depositions or other pretrial or trial proceedings), that
19 the Producing Party affix at a minimum, the legend “CONFIDENTIAL”
20 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected
21 material. If only a portion of the material on a page qualifies for protection, the
22 Producing Party also must clearly identify the protected portion(s)(e.g., by making
23 appropriate markings in the margins).
24 A Party or Non-Party that makes original documents available for inspection
25 need not designate them for protection until after the inspecting Party has indicated
26 which documents it would like copied and produced. During the inspection and
27 before the designation, all of the material made available for inspection shall be
28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 7
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 8 of 17 Page ID #:195

1 documents it wants copied and produced, the Producing Party must determine
2 which documents, or portions thereof, qualify for protection under this Order. Then,
3 before producing the specified documents, the Producing Party must affix the
4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
5 portion of the material on a page qualifies for protection, the Producing Party also
6 must clearly identify the protected portion(s) (e.g., by making appropriate markings
7 in the margins).
8 (b) for testimony given in depositions that the Designating Party identifies
9 the Disclosure or Discovery Material on the record, before the close of the
10 deposition all protected testimony.
11 (c) for information produced in some form other than documentary and for
12 any other tangible items, that the Producing Party affix in a prominent place on the
13 exterior of the container or containers in which the information is stored the legend
14 “CONFIDENTIAL.” If only a portion or portions of the information warrants
15 protection, the Producing Party, to the extent practicable, shall identify the protected
16 portion(s).
17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
18 failure to designate qualified information or items does not, standing alone, waive
19 the Designating Party’s right to secure protection under this Order for such material.
20 Upon timely correction of a designation, the Receiving Party must make reasonable
21 efforts to assure that the material is treated in accordance with the provisions of this
22 Order.
23
24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
26 designation of confidentiality at any time that is consistent with the Court’s
27 Scheduling Order.
28 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 8
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 9 of 17 Page ID #:196

1 resolution process under Local Rule 37-1 et seq.
2 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
3 stipulation pursuant to Local Rule 37-2.
4 6.4 The burden of persuasion in any such challenge proceeding shall be on
5 the Designating Party. Frivolous challenges, and those made for an improper
6 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
7 parties) may expose the Challenging Party to sanctions. Unless the Designating
8 Party has waived or withdrawn the confidentiality designation, all parties shall
9 continue to afford the material in question the level of protection to which it is
10 entitled under the Producing Party’s designation until the Court rules on the
11 challenge.
12
13 7. ACCESS TO AND USE OF PROTECTED MATERIAL
14 7.1 Basic Principles. A Receiving Party may use Protected Material that is
15 disclosed or produced by another Party or by a Non-Party in connection with this
16 Action only for prosecuting, defending or attempting to settle this Action. Such
17 Protected Material may be disclosed only to the categories of persons and under the
18 conditions described in this Order. When the Action has been terminated, a
19 Receiving Party must comply with the provisions of section 13 below (FINAL
20 DISPOSITION).
21 Protected Material must be stored and maintained by a Receiving Party at a
22 location and in a secure manner that ensures that access is limited to the persons
23 authorized under this Order.
24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
25 otherwise ordered by the court or permitted in writing by the Designating Party, a
26 Receiving Party may disclose any information or item designated
27 “CONFIDENTIAL” only to:
28 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 9
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 10 of 17 Page ID #:197

1 as employees of said Outside Counsel of Record to whom it is reasonably necessary
2 to disclose the information for this Action;
3 (b) the officers, directors, and employees (including House Counsel) of the
4 Receiving Party to whom disclosure is reasonably necessary for this Action;
5 (c) Experts (as defined in this Order) of the Receiving Party to whom
6 disclosure is reasonably necessary for this Action and who have signed the
7 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (d) the court and its personnel;
9 (e) court reporters and their staff;
10 (f) professional jury or trial consultants, mock jurors, and Professional
11 Vendors to whom disclosure is reasonably necessary for this Action and who have
12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (g) the author or recipient of a document containing the information or a
14 custodian or other person who otherwise possessed or knew the information;
15 (h) during their depositions, witnesses, and attorneys for witnesses, in the
16 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
17 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they
18 will not be permitted to keep any confidential information unless they sign the
19 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
20 agreed by the Designating Party or ordered by the court. Pages of transcribed
21 deposition testimony or exhibits to depositions that reveal Protected Material may
22 be separately bound by the court reporter and may not be disclosed to anyone except
23 as permitted under this Stipulated Protective Order; and
24 (i) any mediator or settlement officer, and their supporting personnel,
25 mutually agreed upon by any of the parties engaged in settlement discussions.
26
27
28
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 10
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 11 of 17 Page ID #:198

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
2 IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification shall
7 include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to
9 issue in the other litigation that some or all of the material covered by the subpoena
10 or order is subject to this Protective Order. Such notification shall include a copy of
11 this Stipulated Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued
13 by the Designating Party whose Protected Material may be affected. If the
14 Designating Party timely seeks a protective order, the Party served with the
15 subpoena or court order shall not produce any information designated in this action
16 as “CONFIDENTIAL” before a determination by the court from which the
17 subpoena or order issued, unless the Party has obtained the Designating Party’s
18 permission. The Designating Party shall bear the burden and expense of seeking
19 protection in that court of its confidential material and nothing in these provisions
20 should be construed as authorizing or encouraging a Receiving Party in this Action
21 to disobey a lawful directive from another court.
22
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23
PRODUCED IN THIS LITIGATION
24
(a) The terms of this Order are applicable to information produced by a Non-
25
Party in this Action and designated as “CONFIDENTIAL.” Such information
26
produced by Non-Parties in connection with this litigation is protected by the
27
remedies and relief provided by this Order. Nothing in these provisions should be
28
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 11
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 12 of 17 Page ID #:199

1 construed as prohibiting a Non-Party from seeking additional protections.
2 (b) In the event that a Party is required, by a valid discovery request, to
3 produce a Non-Party’s confidential information in its possession, and the Party is
4 subject to an agreement with the Non-Party not to produce the Non-Party’s
5 confidential information, then the Party shall:
6 (1) promptly notify in writing the Requesting Party and the Non-Party that
7 some or all of the information requested is subject to a confidentiality agreement
8 with a Non-Party;
9 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
10 Order in this Action, the relevant discovery request(s), and a reasonably specific
11 description of the information requested; and
12 (3) make the information requested available for inspection by the Non-Party,
13 if requested.
14 (c) If the Non-Party fails to seek a protective order from this court within14
15 days of receiving the notice and accompanying information, the Receiving Party
16 way produce the Non-Party’s confidential information responsive to the discovery
17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
18 not produce any information in its possession or control that is subject to the
19 confidentiality agreement with the Non-Party before a determination by the court.
20 Absent a court order to the contrary, the Non-Party shall bear the burden and
21 expense of seeking protection in this court of its Protected Material.
22
23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
25 Protected Material to any person or in any circumstance not authorized under this
26 Stipulated Protective Order, the Receiving Party must immediately (a) notify
27 inwriting the Designating Party of the unauthorized disclosures, (b) use its best
28 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 12
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 13 of 17 Page ID #:200

1 person or persons to whom unauthorized disclosures were made of all the terms of
2 this Order, and (d) request such person or persons to execute the “Acknowledgment
3 and Agreement to Be Bound” that is attached hereto as Exhibit A.
4
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5
PROTECTED MATERIAL
6
When a Producing Party gives notice to Receiving Parties that certain
7
inadvertently produced material is subject to a claim of privilege or other protection,
8
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
9
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
10
may be established in an e-discovery order that provides for production without
11
prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar
12
as the parties reach an agreement on the effect of disclosure of a communication or
13
information covered by the attorney-client privilege or work product protection, the
14
parties may incorporate their agreement in the stipulated protective order submitted
15
to the court.
16

17 12. MISCELLANEOUS
18 12.1 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 12.2 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 12.3 Filing Protected Material. A Party that seeks to file under seal any
26 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
27 only be filed under seal pursuant to a court order authorizing the sealing of the
28 specific Protected Material at issue. If a Party’s request to file Protected Material
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 13
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 14 of 17 Page ID #:201

1 under seal is denied by the court, then the Receiving Party may file the information
2 in the public record unless otherwise instructed by the court.
3
13. FINAL DISPOSITION
4
After the final disposition of this Action, as defined in paragraph 4, within
5
60days 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
7
used 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
16
are entitled to retain an archival copy of all pleadings, motion papers, trial,
17
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
18
and trial exhibits, expert reports, attorney work product, and consultant and expert
19
work product, even if such materials contain Protected Material. Any such archival
20
copies that contain or constitute Protected Material remain subject to this Protective
21
Order as set forth in Section 4 (DURATION).
22

23
14. VIOLATION
24
Any violation of this Order may be punished by appropriate measures
25
including, without limitation, contempt proceedings and/or monetary sanctions.
26

27

28

LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 14
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document16 Filed 03/18/22 Page15o0f17 Page ID#:202

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.
3 Dated: March 18, 2022 LITTLER MENDELSON P.C.
5 /s/ Devon S. Mills
Sarah E. Ross
6 Devon S Mills
Attorneys for Defendant
7 THE GOODYEAR TIRE & RUBBER
COMPANY
0 Dated: March 18, 2022 ALEXANDER MORRISON + FEHR
LLP
11
12 /s/ Tracy Fehr
13 Tracy L. Fehr
John L. Schwab.
14 Attorneys for Plaintiff MICHAEL
SHERLOCK
15
16 || Dated: March 18, 2022 LAW OFFICES OF G. SAMUEL
CLEAVER
17
18
/s/ Samuel Cleaver
19 G. Samuel Cleaver
Attorney for Plaintiff MICHAEL
20 SHERLOCK
21
37 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23 || DATED: 3/18/2022
24
«| (aly Nor
26 || □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□
HON. ALEXANDER F. MacKINNON
27
United States Magistrate Judge
28
□□ 15
STIPULATION AND PROTECTIVE ORDER

Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 16 of 17 Page ID #:203

1
2 EXHIBIT A
3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that was
7 issued by the United States District Court for the Central District of California on
8 ____________[date] in the case of Michael Sherlock v. The Goodyear Tire & Rubber
9 Company, Case No. 2:22-CV-00426-SVW-AFM. I agree to comply with and to be
10 bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment
12 in the nature of contempt. I solemnly promise that I will not disclose in any manner
13 any information or item that is subject to this Stipulated Protective Order to any
14 person or entity except in strict compliance with the provisions of this Order. I further
15 agree to submit to the jurisdiction of the United States District Court for the Central
16 District of California for enforcing the terms of this Stipulated Protective Order, even
17 if such enforcement proceedings occur after termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25
26 Printed name: _______________________________
27
28 Signature: __________________________________
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 16
STIPULATION AND PROTECTIVE ORDER
Case 2:22-cv-00426-SVW-AFM Document 16 Filed 03/18/22 Page 17 of 17 Page ID #:204

1 4894-3606-6838.1 / 056530-1311

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON P.C.
Los2 0 A4 nA9 g t 3eCt 1lo ee5 0r snn t .h 5te u 5Cy Frs 3y Al .o a 0P ot 39ar 00 Lr 8k 0a 6wE 7 a .3st 1 07 17
STIPULATION AND PROTECTIVE ORDER

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979400. Public record. Not legal advice.