even 10 || stipulated protective orders require good cause showing
How later courts described this case
- even 10 || stipulated protective orders require good cause showing
- distinguishing 6 || “good cause” showing for sealing documents produced in discovery from 7 || “compelling reasons” standard when merits-related documents are part of court 8 || record
Written by the judges who cited it.
The opinion
Case 5:21-cv-00398-JWH-KK Document 52 Filed 08/19/22 Page1of17 Page ID #:709
1 || Steven T. Graham, Bar No. 105710
sgraham@swlaw.com
2 || Randolph T. Moore, Bar No. 120041
rmoore@swlaw.com
3 || Colin R. Higgins, Bar No. 268364
chiggins@sw aw.com
4 || Anthony J. Carucci, Bar No. 301923
acarucci@swlaw com
5 || SNELL & WILMER L.L.P.
600 Anton Blvd, Suite 1400
6 || Costa Mesa, California 92626-7689
Telephone: 714.427.7000
7 || Facsimile: 714.427.7799
8 Attorneys for Defendant
9 BABY TREND, INC.
10 UNITED STATES DISTRICT COURT
wo tl CENTRAL DISTRICT OF CALIFORNIA
3s
Bac 13 || SANDRA OCEGUERA and_ | Case No. 5:21-cv-00398-JWH-KKx
Be 286 MOHAMMAD WAFAL, individually Assigned to Hon. John W. Holcomb
4 | 2¢ 14 || and on behalf of all others similarly
ge situated, DISCOVERY MATTER
é& 15
6 Plaintiffs, STIPULATED PROTECTIVE
V. ORDER
17 oo,
18 Corporation, ND, INC., a California Complaint Filed: March 5, 2021
19 Defendant.
20 The parties, by and through their counsel of record, submit the following
21 || stipulated protective order.
22 || 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 || proprietary or private information for which special protection from public
25 || disclosure and from use for any purpose other than pursuing this litigation may be
26 || warranted. Thus, the parties hereby stipulate to and petition the Court to enter the
27 || following Stipulated Protective Order. The parties acknowledge that this Order does
28 DISCOVERY MATTER
1 STIPULATED PROTECTIVE ORDER
□□ 5:21-CV-00398-JWH-KKX
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1 || not confer blanket protections on all disclosures or responses to discovery and that
2 || the protection it affords from public disclosure and use extends only to the limited
3 || information or items that are entitled to confidential treatment under the applicable
4 || legal principles.
5 }] 2. GOOD CAUSE STATEMENT
6 This action is likely to involve trade secrets, customer and pricing lists and
7 || other valuable research, development, commercial, financial, accounting, technical
8 || and/or proprietary information for which special protection from public disclosure
9 || and from use for any purpose other than prosecution of this action is warranted.
10 || Such confidential and proprietary materials and information consist of, among other
□ 11 || things, confidential business or financial information, information regarding
a) 12 || confidential business practices, or other confidential research, development, or
5 □□ 13 |} commercial information (including information implicating privacy rights of third
| 14 || parties), information otherwise generally unavailable to the public, or which may be
A § 15 privileged or otherwise protected from disclosure under state or federal statutes,
16 || court rules, case decisions, or common law. Accordingly, to expedite the flow of
17 || information, to facilitate the prompt resolution of disputes over confidentiality of
18 || discovery materials, to adequately protect information the parties are entitled to
19 || keep confidential, to ensure that the parties are permitted reasonable necessary uses
20 || of such material in preparation for and in the conduct of trial, to address their
21 || handling at the end of the litigation, and serve the ends of justice, a protective order
22 || for such information is justified in this matter. It is the intent of the parties that
23 || information will not be designated as confidential for tactical reasons and that
24 || nothing be so designated without a good faith belief that it has been maintained in a
25 || confidential, non-public manner, and there is good cause why it should not be part
26 || of the public record of this case.
27 || 3. ACKNOWLEDGMENT OF UNDER-SEAL FILING PROCEDURE
28 The parties further acknowledge, as set forth in Section 14.3, below, that this
DISCOVERY MATTER
-2- STIPULATED PROTECTIVE ORDER
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1 || Stipulated Protective Order does not entitle them to file confidential information
2 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
3 || and the standards that will be applied when a party seeks permission from the court
4 || to file material under seal. There is a strong presumption that the public has a right
5 || of access to judicial proceedings and records in civil cases. In connection with non-
6 || dispositive motions, good cause must be shown to support a filing under seal. See
7 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
8 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
9 || Welbon vy. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
10 || stipulated protective orders require good cause showing), and a specific showing of
ws 11 || good cause or compelling reasons with proper evidentiary support and legal
mos
2 | 12 || justification, must be made with respect to Protected Material that a party seeks to
2 5 □□ 13 || file under seal. The parties’ mere designation of Disclosure or Discovery Material
2 | 14 || as CONFIDENTIAL does not—without the submission of competent evidence by
Z 15 || declaration, establishing that the material sought to be filed under seal qualifies as
16 || confidential, privileged, or otherwise protectable—constitute good cause.
17 Further, if a party requests sealing related to a dispositive motion or trial,
18 || then compelling reasons, not only good cause, for the sealing must be shown, and
19 || the relief sought shall be narrowly tailored to serve the specific interest to be
20 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
21 || 2010). For each item or type of information, document, or thing sought to be filed
22 || or introduced under seal, the party seeking protection must articulate compelling
23 || reasons, supported by specific facts and legal justification, for the requested sealing
24 || order. Again, competent evidence supporting the application to file documents
25 || under seal must be provided by declaration.
26 Any document that is not confidential, privileged, or otherwise protectable in
27 || its entirety will not be filed under seal if the confidential portions can be redacted.
28 || If documents can be redacted, then a redacted version for public viewing, omitting
5. srnaen SGONERY ware
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1 || only the confidential, privileged, or otherwise protectable portions of the document,
2 || shall be filed. Any application that seeks to file documents under seal in their
3 || entirety should include an explanation of why redaction is not feasible.
4 || 4. DEFINITIONS
5 4.1 Action: the above-entitled federal lawsuit.
6 4.2 Challenging Party: a Party or Non-Party that challenges the
7 || designation of information or items under this Order.
8 4.33. “CONFIDENTIAL” Information or Items: information (regardless of
9 || how it is generated, stored, or maintained) or tangible things that qualify for
10 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
ws 11 || the Good Cause Statement.
= | a) 12 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
2 5 □□ 13 || their support staff).
| 14 4.5 Designating Party: a Party or Non-Party that designates information or
A §& 15 || items that it produces in disclosures or in responses to discovery as
16 | “CONFIDENTIAL.”
17 4.6 Disclosure or Discovery Material: all items or information, regardless
18 || of the medium or manner in which it is generated, stored, or maintained (including,
19 || among other things, testimony, transcripts, and tangible things), that are produced
20 || or generated in disclosures or responses to discovery.
21 4.7 Expert: a person with specialized knowledge or experience in a matter
22 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
23 || an expert witness or as a consultant in this Action.
24 4.8 House Counsel: attorneys who are employees of a party to this Action.
25 || House Counsel does not include Outside Counsel of Record or any other outside
26 || counsel.
27 4.9 Non-Party: any natural person, partnership, corporation, association, or
28 || other legal entity not named as a Party to this action.
ge ormunarep AGOMERY Nate
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1 4.10 Outside Counsel of Record: attorneys who are not employees of a
2 || party to this Action but are retained to represent a party to this Action and have
3 || appeared in this Action on behalf of that party or are affiliated with a law firm that
4 || has appeared on behalf of that party, and includes support staff.
5 4.11 Party: any party to this Action, including all its officers, directors,
6 || employees, consultants, retained experts, and Outside Counsel of Record (and their
7 || support staffs).
8 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
9 || Discovery Material in this Action.
10 4.13 Professional Vendors: persons or entities that provide litigation
ws 11 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
mos
2 | 12 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 5 □□ 13 || and their employees and subcontractors.
2 | 14 4.14 Protected Material: any Disclosure or Discovery Material that is
Z 15 || designated as “CONFIDENTIAL.”
16 4.15 Receiving Party: a Party that receives Disclosure or Discovery
17 || material from a Producing Party.
18 |] 5. SCOPE
19 The protections conferred by this Stipulation and Order cover not only
20 || Protected Material (as defined above), but also (1) any information copied or
21 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
22 || compilations of Protected Material; and (3) any testimony, conversations, or
23 || presentations by Parties or their Counsel that might reveal Protected Material.
24 Any use of Protected Material at trial shall be governed by the orders of the
25 || trial judge and other applicable authorities. This Order does not govern the use of
26 || Protected Material at trial.
27 || 6. DURATION
28 Once a case proceeds to trial, information that was designated as
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1 || CONFIDENTIAL or maintained pursuant to this protective order used or
2 || introduced as an exhibit at trial becomes public and will be presumptively available
3 || to all members of the public, including the press, unless compelling reasons
4 || supported by specific factual findings to proceed otherwise are made to the trial
5 || judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing
6 || “good cause” showing for sealing documents produced in discovery from
7 || “compelling reasons” standard when merits-related documents are part of court
8 || record). Accordingly, the terms of this protective order do not extend beyond the
9 || commencement of the trial.
10 |] 7. DESIGNATING PROTECTED MATERIAL
ws 11 7.1 Exercise of Restraint and Care in Designating Material for Protection.
2 | a) 12 || Each Party or Non-Party that designates information or items for protection under
2 5 □□ 13 || this Order must take care to limit any such designation to specific material that
| 14 || qualifies under the appropriate standards. The Designating Party must designate for
A § 15 protection only those parts of material, documents, items or oral or written
16 || communications that qualify so that other portions of the material, documents,
17 || items or communications for which protection is not warranted are not swept
18 || unjustifiably within the ambit of this Order.
19 Mass, indiscriminate, or routinized designations are prohibited. Designations
20 || that are shown to be clearly unjustified or that have been made for an improper
21 || purpose (e.g., to unnecessarily encumber the case development process or to
22 || impose unnecessary expenses and burdens on other parties) may expose the
23 || Designating Party to sanctions.
24 If it comes to a Designating Party’s attention that information or items that it
25 || designated for protection do not qualify for protection that Designating Party must
26 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
27 7.2 Manner and Timing of Designations. Except as otherwise provided in
28 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
DISCOVERY MATTER
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| || that qualifies for protection under this Order must be clearly so designated before
2 || the material is disclosed or produced.
3 Designation in conformity with this Order requires:
4 (a) For information in documentary form (e.g., paper or electronic
5 || documents, but excluding transcripts of depositions or other pretrial or trial
6 || proceedings), that the Producing Party affix at a minimum, the legend
7 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
8 || contains protected material. If only a portion of the material on a page qualifies for
9 || protection, the Producing Party also must clearly identify the protected portion(s)
10 || (e.g., by making appropriate markings in the margins). A Party or Non-Party that
ws 11 || makes original documents available for inspection need not designate them for
= | a) 12 || protection until after the inspecting Party has indicated which documents it would
2 5 □□ 13 || like copied and produced. During the inspection and before the designation, all of
3 14 || the material made available for inspection shall be deemed “CONFIDENTIAL.”
Z 15 || After the inspecting Party has identified the documents it wants copied and
16 || produced, the Producing Party must determine which documents, or portions
17 || thereof, qualify for protection under this Order. Then, before producing the
18 || specified documents, the Producing Party must affix the “CONFIDENTIAL
19 || legend” to each page that contains Protected Material. If only a portion of the
20 || material on a page qualifies for protection, the Producing Party also must clearly
21 || identify the protected portion(s) (e.g., by making appropriate markings in the
22 || margins).
23 (b) For testimony given in depositions that the Designating Party identifies
24 || the Disclosure or Discovery Material on the record, before the close of the
25 || deposition all protected testimony.
26 (c) For information produced in some form other than documentary and for
27 || any other tangible items, that the Producing Party affix in a prominent place on the
28 || exterior of the container or containers in which the information is stored the legend
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1 || “CONFIDENTIAL.” If only a portion or portions of the information warrants
2 || protection, the Producing Party, to the extent practicable, shall identify the
3 || protected portion(s).
4 7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
5 || failure to designate qualified information or items does not, standing alone, waive
6 || the Designating Party’s right to secure protection under this Order for such
7 || material. Upon timely correction of a designation, the Receiving Party must make
8 || reasonable efforts to assure that the material is treated in accordance with the
9 || provisions of this Order.
10 |] 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
ws 11 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
mos
2 | 12 || designation of confidentiality at any time that is consistent with the Court’s
Bs 13 |} Scheduling Order.
3 14 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
Z 15 || resolution process under Local Rule 37-1 et seq.
16 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
17 || joint stipulation pursuant to Local Rule 37-2.
18 8.4 The burden of persuasion in any such challenge proceeding shall be on
19 || the Designating Party. Frivolous challenges, and those made for an improper
20 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
21 || parties) may expose the Challenging Party to sanctions. Unless the Designating
22 || Party has waived or withdrawn the confidentiality designation, all parties shall
23 || continue to afford the material in question the level of protection to which it is
24 || entitled under the Producing Party’s designation until the Court rules on the
25 || challenge.
26 || 9. ACCESS TO AND USE OF PROTECTED MATERIAL
27 9.1 Basic Principles. A Receiving Party may use Protected Material that is
28 || disclosed or produced by another Party or by a Non-Party in connection with this
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1 || Action only for prosecuting, defending, or attempting to settle this Action. Such
2 || Protected Material may be disclosed only to the categories of persons and under the
3 || conditions described in this Order. When the Action has been terminated, a
4 || Receiving Party must comply with the provisions of section 15 below (FINAL
5 |} DISPOSITION).
6 Protected Material must be stored and maintained by a Receiving Party at a
7 || location and in a secure manner that ensures that access is limited to the persons
8 || authorized under this Order.
9 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
10 || otherwise ordered by the court or permitted in writing by the Designating Party, a
3 tl Receiving Party may disclose any information or item designated
= | ©) 12 | “CONFIDENTIAL” only to:
2 5 □□ 13 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well
2 | 14 || as employees of said Outside Counsel of Record to whom it is reasonably necessary
Z 15 || to disclose the information for this Action;
16 (b) the officers, directors, and employees (including House Counsel) of the
17 || Receiving Party to whom disclosure is reasonably necessary for this Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
19 || disclosure is reasonably necessary for this Action and who have signed the
20 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the court and its personnel;
22 (e) court reporters and their staff;
23 (f) professional jury or trial consultants, mock jurors, and Professional
24 || Vendors to whom disclosure is reasonably necessary for this Action and who have
25 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26 (g) the author or recipient of a document containing the information or a
27 || custodian or other person who otherwise possessed or knew the information;
28 (h) during their depositions, witnesses, and attorneys for witnesses, in the
oe suru gGONERY MarTER
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1 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
2 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they
3 || will not be permitted to keep any confidential information unless they sign the
4 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
5 || agreed by the Designating Party or ordered by the court. Pages of transcribed
6 || deposition testimony or exhibits to depositions that reveal Protected Material may
7 || be separately bound by the court reporter and may not be disclosed to anyone
8 || except as permitted under this Stipulated Protective Order; and
9 (1) any mediators or settlement officers and their supporting personnel
10 || mutually agreed upon by any of the parties engaged in settlement discussions.
«= Jl | 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
a) 12 PRODUCED IN OTHER LITIGATION
2 5 □□ 13 If a Party is served with a subpoena or a court order issued in other litigation
2 | 14 || that compels disclosure of any information or items designated in this Action as
% © 15 | “CONFIDENTIAL,” that Party must:
16 (a) promptly notify in writing the Designating Party. Such notification shall
17 || include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order to
19 || issue in the other litigation that some or all of the material covered by the subpoena
20 || or order is subject to this Protective Order. Such notification shall include a copy of
21 || this Stipulated Protective Order; and
22 (c) cooperate with respect to all reasonable procedures sought to be pursued
23 || by the Designating Party whose Protected Material may be affected. If the
24 || Designating Party timely seeks a protective order, the Party served with the
25 || subpoena or court order shall not produce any information designated in this action
26 || as “CONFIDENTIAL” before a determination by the court from which the
27 || subpoena or order issued, unless the Party has obtained the Designating Party’s
28 || permission. The Designating Party shall bear the burden and expense of seeking
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1 || protection in that court of its confidential material and nothing in these provisions
2 || should be construed as authorizing or encouraging a Receiving Party in this Action
3 || to disobey a lawful directive from another court.
4] 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 (a) The terms of this Order are applicable to information produced by a Non-
7 || Party in this Action and designated as “CONFIDENTIAL.” Such information
8 || produced by Non-Parties in connection with this litigation is protected by the
9 || remedies and relief provided by this Order. Nothing in these provisions should be
10 || construed as prohibiting a Non-Party from seeking additional protections.
ws 11 (b) In the event that a Party is required, by a valid discovery request, to
a) 12 || produce a Non-Party’s confidential information in its possession, and the Party is
2 5 □□ 13 || subject to an agreement with the Non-Party not to produce the Non-Party’s
2 | 14 || confidential information, then the Party shall:
Z 15 (1) promptly notify in writing the Requesting Party and the Non-Party
16 || that some or all of the information requested is subject to a confidentiality
17 || agreement with a Non-Party;
18 (2) promptly provide the Non-Party with a copy of the Stipulated
19 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
20 || specific description of the information requested; and
21 (3) make the information requested available for inspection by the
22 || Non-Party, if requested.
23 (c) If the Non-Party fails to seek a protective order from this court within 14
24 || days of receiving the notice and accompanying information, the Receiving Party
25 || may produce the Non-Party’s confidential information responsive to the discovery
26 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
27 || not produce any information in its possession or control that is subject to the
28 || confidentiality agreement with the Non-Party before a determination by the court.
□□□ sumuxaren ISSONERY MarR
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1 || Absent a court order to the contrary, the Non-Party shall bear the burden and
2 || expense of seeking protection in this court of its Protected Material.
3 || 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 || Protected Material to any person or in any circumstance not authorized under this
6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 || writing the Designating Party of the unauthorized disclosures, (b) use its best
8 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
9 || person or persons to whom unauthorized disclosures were made of all the terms of
10 || this Order, and (d) request such person or persons to execute the “Acknowledgment
3 Il || an Agreement to Be Bound” attached hereto as Exhibit A.
a) 12} 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
Be 13 PROTECTED MATERIAL
| 14 When a Producing Party gives notice to Receiving Parties that certain
A § 15 inadvertently produced material is subject to a claim of privilege or other
16 || protection, the obligations of the Receiving Parties are those set forth in Federal
17 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
18 || whatever procedure may be established in an e-discovery order that provides for
19 || production without prior privilege review. Pursuant to Federal Rule of Evidence
20 || 502(d) and (ce), insofar as the parties reach an agreement on the effect of disclosure
21 || of a communication or information covered by the attorney-client privilege or work
22 || product protection, the parties may incorporate their agreement in the stipulated
23 || protective order submitted to the court.
241/14. MISCELLANEOUS
25 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
26 || person to seek its modification by the Court in the future.
27 14.2 Right to Assert Other Objections. By stipulating to the entry of this
28 || Protective Order, no Party waives any right it otherwise would have to object to
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1 || disclosing or producing any information or item on any ground not addressed in
2 || this Stipulated Protective Order. Similarly, no Party waives any right to object on
3 || any ground to use in evidence of any of the material covered by this Protective
4 || Order.
5 14.3 Filing Protected Material. A Party that seeks to file under seal any
6 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
7 || may only be filed under seal pursuant to a court order authorizing the sealing of the
8 || specific Protected Material. If a Party’s request to file Protected Material under seal
9 || is denied by the court, then the Receiving Party may file the information in the
10 || public record unless otherwise instructed by the court.
«= 15. FINAL DISPOSITION
= | a) 12 After the final disposition of this Action, as defined in paragraph 6, within 60
2 5 □□ 13 || days of a written request by the Designating Party, each Receiving Party must
2 | 14 || return all Protected Material to the Producing Party or destroy such material. As
Z 15 || used in this subdivision, “all Protected Material” includes all copies, abstracts,
16 || compilations, summaries, and any other format reproducing or capturing any of the
17 || Protected Material. Whether the Protected Material is returned or destroyed, the
18 || Receiving Party must submit a written certification to the Producing Party (and, if
19 || not the same person or entity, to the Designating Party) by the 60-day deadline that
20 || (1) identifies (by category, where appropriate) all the Protected Material that was
21 || returned or destroyed and (2) affirms that the Receiving Party has not retained any
22 || copies, abstracts, compilations, summaries or any other format reproducing or
23 || capturing any of the Protected Material. Notwithstanding this provision, Counsel
24 || are entitled to retain an archival copy of all pleadings, motion papers, trial,
25 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition
26 || and trial exhibits, expert reports, attorney work product, and consultant and expert
27 || work product, even if such materials contain Protected Material. Any such archival
28 || copies that contain or constitute Protected Material remain subject to this Protective
DISCOVERY MATTER
- ]3- STIPULATED PROTECTIVE ORDER
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1 || Order as set forth in Section 6 (DURATION).
216. VIOLATION
3 Any violation of this Order may be punished by appropriate measures
4 || including, without limitation, contempt proceedings and/or monetary sanctions.
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
8 || DATED: August 18, 2022
9 | /s/ Danielle Perry
Attorneys for Plaintiffs
10 || Sandra Oceguera,
1 and Proposed Class
mM, of
Be 3 DATED: August 18, 2022
Dyess /s/Randolph T. Moore
zi 14 Attomeys or Defendant
gs BABY TREND, INC.
nA 6 15
16
17 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
18 || DATED: August 19, 2022
19 yWA-"
20] On eee
91 || Hon. Kenly Miya Kato
United States Distriet/Magistrate Judge
22
23
24
25
26
27
28
DISCOVERY MATTER
-14- STIPULATED PROTECTIVE ORDER
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l EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 || [print or type full address], declare under penalty of perjury that I have read in its
5 || entirety and understand the Protective Order that was issued by the United States
6 || District Court for the Central District of California in the case of Sandra Oceguera
7 || et al, Plaintiffs vs. Baby Trend, Inc. Defendant, Case No. 5:21-cv-00398. I agree to
8 || comply with and to be bound by all the terms of this Protective Order and I
9 || understand and acknowledge that failure to so comply could expose me to sanctions
10 || and punishment in the nature of contempt. I solemnly promise that I will not
3 tl disclose in any manner any information or item that is subject to this Protective
= | a) 12 || Order to any person or entity except in strict compliance with the provisions of this
Be 13 || Protective Order.
2 | 14 I further agree to submit to the jurisdiction of the United States District Court
Z 15 || for the Central District of California for the purpose of enforcing the terms of this
16 || Protective Order, even if such enforcement proceedings occur after termination of
17 || this action.
18 I hereby appoint [print or type full name] of
19 || [print or type full address and telephone number] as my California agent for service
20 || of process in connection with this action or any proceedings related to enforcement
21 || of this Protective Order.
22
23 Date:
24 City and State where sworn and signed:
25 Printed name:
26 Signature:
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ise srpuarap iBGOWERY Marre
5:21-CV-00398-JWH-KKX
Case 5:21-cv-00398-JWH-KK Document 52 Filed 08/19/22 Page 16o0f17 Page ID#:724
| CERTIFICATE OF SERVICE
I am employed in the County of Orange, State of California. Iam over the age of
3 || 18 and not a party to the within action; my business address is 600 Anton
Boulevard, Suite 1400, Costa Mesa, California 92626.
4 On August 18, 2022, I served, in the manner indicated below, the foregoing
5 || document described as: Discovery Matter — Stipulated Protective Order on the
interested parties in this action:
6 SEE ATTACHED SERVICE LIST.
O BY REGULAR MAIL: I caused such envelopes to be deposited in the
8 United States mail at Costa Mesa, California, with postage thereon fully
prepaid. I am readily familiar with the firm’s practice of collection an
9 processing correspondence for mailing. It is deposited with the United States
ostal Service each day and that practice was followed in the ordinary course
10 of business for the service herein attested to (F.R.C.P. § 5 (b)(2)(C)).
11 | GQ BY E-MAIL(courtesy copy) (USDC Central): I caused such document to be
8 delivered by electronic service as it has been authorized and agreed upon.
=| 22
wee 12 BY E-FILING (USDC Central): I caused such document to be sent
Bee 13 electronically to the court, electronic filing constitutes service upon the
Bees parties who have consented to electronic service.
Ales
| i 14 FEDERAL: I declare that 1am employed in the office of a member of the
A & 15 bar of this Court, at whose direction the service was made.
16
7 EXECUTED on August 18, 2022, at Costa Mesa, California.
18 Nh Wh LINN
19 Kathy Sumner
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DISCOVERY MATTER —
STIPULATED PROTECTIVE ORDER
CASE NO: 5:21-CV-00398-JWH-KKx
Case 5:21-cv-00398-JWH-KK Document 52 Filed 08/19/22 Page 17of17 Page ID#:725
| SERVICE LIST
2 .
3 Christopher L. Rudd, Esq. ATTORNEY FOR PLAINTIFF
4650 Sepulveda Blvd. No. 205 .
Sherman Oaks. CA 91403 fel: (310) 300-1824
5 clrudd@ruddlawla.com
Gary E. Mason* Counsel for Plaintiffs
6 Datiielle Perry (SBN 292120) *Pro hac vice
7 5101 Wisconsin Avenue NW Telephone: (202) 429-2290
g || Suite 305 Facsimile: (202) 42902294
Washington, D.C. 20016 mason/@masonllp.com
9 e masonllp.com
10
Melissa R. Emert* Counsel for Plaintiffs
“8 11 Gary 5. Graifman* *Pro hac vice
m of KANTROWITZ, GOLDHAMER &
ze 12 CRATE ANS PC. Road Telephone: (845) 356-2570
S| 23s estnut Ridge Roa imile:
ae 13 Chestnut Ridge, New York 10977 Facsimile: 845) 356-4335
d 225
= 14 memert@kgglaw.com
Ze as ggraifman@kgglaw.com
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DISCOVERY MATTER —
STIPULATED PROTECTIVE ORDER
CASE NO: 5:21-CV-00398-JWH-KKx