Albert Johnson v. Estension Logistics, LLC

• Court: District Court, C.D. California
• Decided: October 4, 2021
• Docket: 5:20-cv-00118
• Status: Unknown

Opinion

1 Michael Nourmand, Esq. (SBN 198439) James A. De Sario, Esq. 560) 2 THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard 3 Beverly Hills, California 90211 Telephone: 310) 553-3600 4 Facsimile: (310) 553-3603 5 Attorneys for Plaintiff, ALBERT JOHNSON, on behalf 6 of himself all others similarly situated 7 (Additional Counsel Listed on Following age) 8 9 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA — EASTERN DIVISION 10 11 || ALBERT JOHNSON, RAUL - 5:20-cv- - - MARTINEZ, TERRANCE LOVETT, CASE NO.: 5:20-cv-00118-JAK-SP 12 || ROBERT PARSONS and JAVIER CUEVAS MAGANA, on behalf of 13 || themselves and all others similarly REVISED STIPULATED 4 situated, PROTECTIVE ORDER Plaintiff, oo 15 Complaint Filed: November 27, 2019 V. Trial Date: None 16 District Judge: Hon. John A. Kronstadt ESTENSON LOGISTICS, LLC, a Magistrate Judge: Hon. Sheri Pym 17 || Delaware limited liability company: HUB GROUP TRUCKING, INC., a 18 || Delaware corporation, HUB GROUP, INC., doing business in California as 19 | CALIFORNIA HUB GROUP; and 50 DOES 1 through 10, Inclusive, Defendants. 22 23 24 25 26 27 28 ]

1 || Jonathan M. Lebe, Esq. (SBN 284605) Annaliz Loera, Esq. ( 334129) 2 || LEBE LAW, APLC 7778S. Alameda Street, Second Floor 3 || Los Angeles, CA 90021 Telephone: ee) 444-1973 4 || Facsimile: (213) 457-3092 5 || Attorneys for Plaintiff, RAUL MARTINEZ, on behalf 6 || of himself all others similarly situated 7 Larry W. Lee (State Bar No. 228179) Max W. Gavron (State Bar No. 291697) 8 DIVERSITY LAW GROUP, P.C. 9 515S. Figueroa Street, Suite 1250 Los Ange es, CA 90071 10 || (213) 488-6555 Telephone 213) 488-6554 facsimile | Attorneys for Plaintiffs 12 || Terrance Lovett, Robert Parsons and Javier Cuevas Magana, on behalf of 13 || themselves all others similarly situated 4 Robert R. Roginson, Esq. (SBN 185286) 15 || Paloma P. Peracchio, Esq. (SBN 259034) Carmen M. Aguado, Esd (SBN 291941) 16 | OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 17 || Los Angeles, California 90071 Telephone: or 239-9800 18 || Facsimile: (213) 239-9045 19 || Attorneys for Defendants HUB GROUP DEDICATED, LLC, 20 formerly known as ESTENSON LOGISTICS, LLC; and HUB GROUP TRUCKING, INC. 21 22 23 24 25 26 27 28

1 TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: 2 Plaintiffs ALBERT JOHNSON, RAUL MARTINEZ, TERRANCE LOVETT, 3 || ROBERT PARSONS and JAVIER CUEVAS MAGANA (“Plaintiffs”) and 4 || defendants ESTENSON LOGISTICS, LLC, HUB GROUP TRUCKING, INC. and 5 | HUB GROUP, INC., doing business in California as CALIFORNIA HUB GROUP 6 || (‘Defendants’) (collectively the “Parties”), by and through their counsel of record, 7 || hereby stipulate to: 8 1. A. PURPOSE AND LIMITS OF THIS ORDER 9 Discovery in this action is likely to involve production of confidential, 10 || proprietary, or private information for which special protection from public disclosure 11 || and from use for any purpose other than prosecuting this litigation may be warranted. 12 || Accordingly, the parties hereby stipulate to and petition the Court to enter the 13 || following Stipulated Protective Order. The parties acknowledge that this Order does 14 || not confer blanket protections on all disclosures or responses to discovery and that the 15 || protection it affords from public disclosure and use extends only to the limited 16 || information or items that are entitled to confidential treatment under the applicable 17 || legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 18 || that this Stipulated Protective Order does not entitle them to file confidential 19 || information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 20 || followed and the standards that will be applied when a party seeks permission from 21 || the court to file material under seal. 22 B. GOOD CAUSE STATEMENT 23 This action involves pre-certification discovery, seeking among other things, 24 || the name, address and telephone number for putative class members (“Contact 25 || Information”) who were employed by Defendants during the relevant class period. 26 || The Parties have met and conferred regarding the use of a Belaire-West privacy opt- 27 || out process to obtain putative class member Contact Information; however, given the 28 || current January 23, 2022 deadline for Plaintiffs to file a Motion for Class Certification

1 || and the time needed to complete that process (1.e., mailing the notice to over 2,000 2 || truck drivers and providing them with at least a 20 day notice period to opt-out), as 3 || well as additional time being needed to contact these individuals and obtain 4 || declarations, the Belaire-West process would not provide Plaintiffs with enough time 5 || to gather the requested information prior to certification. 6 Therefore, instead of the opt-out process under Belaire-West Landscape, Inc. v. 7 || Superior Court, 149 Cal. App. 4th 554 (2007), the Parties agreed to follow the process 8 || sanctioned in Davidson v. O'Reilly Auto Enterprises, LLC (9 Cir. 2020) 968 F.3d 9 || 955, 965, Goro v. Flowers Foods, Inc. (S.D. Cal. 2018) 334 F.R.D. 275, 287, Thomas- 10 || Byass v. Michael Kors Stores (Cal.), Inc. (C.D. Cal. Sept. 22 2015) and York v. 11 || Starbucks Corp., 2009 U.S. Dist. LEXIS 92274, *4-5, 2009 WL 3177605 (C.D. Cal. 12 || June 30, 2009). Specifically, since there is not sufficient time to allow for a Belaire- 13 || West notice process, the Parties agree as follows: 14 (1) Contact Information for the putative class is protected by the employees’ 15 || right to privacy, and it shall be designated as “CONFIDENTIAL” as defined by Section 16 || 2.3 of the Stipulated Protective Order before being produced to Plaintiffs’ Counsel. 17 (2) At the outset of Plaintiffs’ Counsel’s first contact with each employee, 18 || Plaintiffs’ Counsel will inform each employee that the employee has the right not to 19 || talk with Plaintiffs’ Counsel. 20 (3) Plaintiffs’ Counsel will also inform each employee that his or her refusal 21 || to speak with counsel will not prejudice his or her rights as a class member should the 22 || Court certify the class. 23 (4) Ifany employee elects not to talk to Plaintiffs’ Counsel, Plaintiffs’ Counsel 24 || will terminate the contact and not contact him or her again unless required by Court 25 || Order. 26 (5) Plaintiffs’ Counsel will keep a list of all employees who make it known 27 || that they do not want to be contacted and preserve that list for the Court. 28 || /// ee

1 (6) The contact information will be used only for the purposes of this action, 2 || and it will not be disseminated to anyone who 1s not necessary to the prosecution of this 3 |] case. 4 Accordingly, to expedite the flow of information, facilitate the prompt 5 || resolution of disputes over confidentiality of discovery materials, adequately protect 6 || information the parties are entitled to keep confidential, ensure that the parties are 7 || permitted reasonable necessary uses of such material in preparation for and in the 8 || conduct of trial, address their handling at the end of the litigation, and serve the ends 9 || of justice, there is good cause for a a protective order in this matter. Furthermore, it is 10 || the intent of the Parties that information will not be designated as confidential for 11 || tactical reasons and that nothing be so designated without a good faith belief that it 12 || has been maintained in a confidential, non-public manner, and there is good cause 13 || why it should not be part of the public record of this case. 14 2. DEFINITIONS 15 2.1 Action: This litigation, Albert Johnson, et al. v. Estenson Logistics, LLC, et 16 || al., Case No.: 5:20-cv-00118-JAK-SP. 17 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 18 || information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how 20 || it is generated, stored or maintained) or tangible things that qualify for protection 21 || under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 22 || 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 items 26 || that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, regardless of the 28 || medium or manner in which it is generated, stored, or maintained (including, among DITTO OTIDITT ATOR ATOMTIUE ADHD

1 | other things, testimony, transcripts, and tangible things), that are produced or 2 || generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter 4 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 || an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this Action. 7 | House Counsel does not include Outside Counsel of Record or any other outside 8 || counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association, or 10 || other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a party to 12 || this Action but are retained to represent or advise a party to this Action and have 13 || appeared in this Action on behalf of that party or are affiliated with a law firm which 14 || has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 || employees, consultants, retained experts, and Outside Counsel of Record (and their 17 || support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 || Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation support 21 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 || and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 || designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 || from a Producing Party. 28 || /// DITTO OTIDITT ATOR DDATOUMTIUE ADNED

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 extracted 4 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of 5 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 6 || or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the trial 8 || judge. This Order does not govern the use of Protected Material at trial 9 | 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations 11 || imposed by this Order shall remain in effect until a Designating Party agrees 12 || otherwise in writing or a court order otherwise directs. Final disposition shall be 13 || deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 14 || or without prejudice; and (2) final judgment herein after the completion and 15 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 || including the time limits for filing any motions or applications for extension of time 17 || pursuant to applicable law. 18 || 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 20 || Party or Non-Party that designates information or items for protection under this 21 || Order must take care to limit any such designation to specific material that qualifies 22 || under the appropriate standards. The Designating Party must designate for protection 23 || only those parts of material, documents, items, or oral or written communications that 24 || qualify so that other portions of the material, documents, items, or communications 25 || for which protection is not warranted are not swept unjustifiably within the ambit of 26 || this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 || that are shown to be clearly unjustified or that have been made for an improper DITTO OTIDITIT ATION DDATOMTIUE ADNED

1 || purpose (e.g., to unnecessarily encumber the case development process or to impose 2 || unnecessary expenses and burdens on other parties) may expose the Designating Party 3 || to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 || designated for protection do not qualify for protection, that Designating Party must 6 || promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in 8 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 10 || under this Order must be clearly so designated before the material is disclosed or 11 || produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 || documents, but excluding transcripts of depositions or other pretrial or trial 15 || proceedings), that the Producing Party affix at a minimum, the legend 16 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 17 || contains protected material. If only a portion or portions of the material on a page 18 || qualifies for protection, the Producing Party also must clearly identify the protected 19 || portion(s) (e.g., by making appropriate markings in the margins). 20 A Party or Non-Party that makes original documents available for inspection 21 || need not designate them for protection until after the inspecting Party has indicated 22 || which documents it would like copied and produced. During the inspection and before 23 || the designation, all of the material made available for inspection shall be deemed 24 | “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 25 || copied and produced, the Producing Party must determine which documents, or 26 || portions thereof, qualify for protection under this Order. Then, before producing the 27 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 28 || to each page that contains Protected Material. If only a portion or portions of the

1 || material on a page qualifies for protection, the Producing Party also must clearly 2 || identify the protected portion(s) (e.g., by making appropriate markings in the 3 || margins). 4 (b) for testimony given in depositions that the Designating Party identify the 5 || Disclosure or Discovery Material on the record, before the close of the deposition all 6 || protected testimony. 7 (c) for information produced in some form other than documentary and for any 8 || other tangible items, that the Producing Party affix in a prominent place on the 9 || exterior of the container or containers in which the information is stored the legend 10 | “CONFIDENTIAL.” If only a portion or portions of the information warrants 11 || protection, the Producing Party, to the extent practicable, shall identify the protected 12 || portion(s). 13 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 14 || failure to designate qualified information or items does not, standing alone, waive the 15 || Designating Party’s right to secure protection under this Order for such material. 16 || Upon timely correction of a designation, the Receiving Party must make reasonable 17 || efforts to assure that the material is treated in accordance with the provisions of this 18 || Order. 19 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 || designation of confidentiality at any time that is consistent with the Court’s 22 || Scheduling Order. 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 24 || resolution process under Local Rule 37.1 et seq. 25 6.3 The burden of persuasion in any such challenge proceeding shall be on 26 || the Designating Party. Frivolous challenges, and those made for an improper purpose 27 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 28 || expose the Challenging Party to sanctions. Unless the Designating Party has waived or

1 || withdrawn the confidentiality designation, all parties shall continue to afford the 2 || material in question the level of protection to which it is entitled under the Producing 3 || Party’s designation until the Court rules on the challenge. 4} 7. ACCESS TO AND USE OF PROTECTED MATERIAL 5 7.1 Basic Principles. A Receiving Party may use Protected Material that is 6 || disclosed or produced by another Party or by a Non-Party in connection with this 7 || Action only for prosecuting, defending, or attempting to settle this Action. Such 8 || Protected Material may be disclosed only to the categories of persons and under the 9 || conditions described in this Order. When the Action has been terminated, a Receiving 10 || Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 11 Protected Material must be stored and maintained by a Receiving Party at a 12 || location and in a secure manner that ensures that access is limited to the persons 13 || authorized under this Order. 14 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 15 || otherwise ordered by the court or permitted in writing by the Designating Party, a 16 || Receiving Party may disclose any information or item designated “CONFIDENTIAL” 17 || only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 19 || as employees of said Outside Counsel of Record to whom it is reasonably necessary to 20 || disclose the information for this Action; 21 (b) □ the officers, directors, and employees (including House Counsel) of the 22 || Receiving Party to whom disclosure is reasonably necessary for this Action; 23 (c) Experts (as defined in this Order) of the Receiving Party to whom 24 || disclosure is reasonably necessary for this Action and who have signed the 25 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 26 (d) the court and its personnel; 27 (e) court reporters and their staff; 28 //

1 (f) professional jury or trial consultants, mock jurors, and Professional 2 || Vendors to whom disclosure is reasonably necessary for this Action and who have 3 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (g) the author or recipient of a document containing the information or a 5 || custodian or other person who otherwise possessed or knew the information; 6 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 7 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 8 || requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 9 || not be permitted to keep any confidential information unless they sign the 10 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 11 || by the Designating Party or ordered by the court. Pages of transcribed deposition 12 || testimony or exhibits to depositions that reveal Protected Material may be separately 13 || bound by the court reporter and may not be disclosed to anyone except as permitted 14 || under this Stipulated Protective Order; and 15 (i) any mediator or settlement officer, and their supporting personnel, 16 || mutually agreed upon by any of the parties engaged in settlement discussions. 17 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 || that compels disclosure of any information or items designated in this Action as 21 | “CONFIDENTIAL,” that Party must: 22 (a) promptly notify in writing the Designating Party. Such notification shall 23 || include a copy of the subpoena or court order; 24 (b) promptly notify in writing the party who caused the subpoena or order to 25 || issue in the other litigation that some or all of the material covered by the subpoena or 26 || order is subject to this Protective Order. Such notification shall include a copy of this 27 || Stipulated Protective Order; and 28 || ///

1 (c) cooperate with respect to all reasonable procedures sought to be pursued by 2 || the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 || the subpoena or court order shall not produce any information designated in this 5 || action as “CONFIDENTIAL” before a determination by the court from which the 6 || subpoena or order issued, unless the Party has obtained the Designating Party’s 7 || permission. The Designating Party shall bear the burden and expense of seeking 8 || protection in that court of its confidential material and nothing in these provisions 9 || should be construed as authorizing or encouraging a Receiving Party in this Action to 10 || disobey a lawful directive from another court. 11 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a Non- 14 || Party in this Action and designated as “CONFIDENTIAL.” Such information 15 || produced by Non-Parties in connection with this litigation 1s protected by the 16 || remedies and relief provided by this Order. Nothing in these provisions should be 17 || construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 || produce a Non-Party’s confidential information in its possession, and the Party is 20 || subject to an agreement with the Non-Party not to produce the Non-Party’s 21 || confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 || that some or all of the information requested is subject to a confidentiality agreement 24 || with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 || Protective Order in this Action, the relevant discovery request(s), and a reasonably 27 || specific description of the information requested; and 28 (3) make the information requested available for inspection by the 12

1 || Non-Party, if requested. 2 (c) Ifthe Non-Party fails to seek a protective order from this court within 3 | 14 days of receiving the notice and accompanying information, the Receiving Party 4 || may produce the Non-Party’s confidential information responsive to the discovery 5 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 6 || produce any information in its possession or control that is subject to the 7 || confidentiality agreement with the Non-Party before a determination by the court. 8 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense 9 || of seeking protection in this court of its Protected Material. 10 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 || Protected Material to any person or in any circumstance not authorized under this 13 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 16 || persons to whom unauthorized disclosures were made of all the terms of this Order, 17 || and (d) request such person or persons to execute the “Acknowledgment and 18 || Agreement to Be Bound” that is attached hereto as Exhibit A 19 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 20 PROTECTED MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain 22 || inadvertently produced material is subject to a claim of privilege or other protection, 23 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 || may be established in an e-discovery order that provides for production without prior 26 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 27 || parties reach an agreement on the effect of disclosure of a communication or 28 || information covered by the attorney-client privilege or work product protection, the 13

1 || parties may incorporate their agreement in the stipulated protective order submitted to 2 || the court. 3 | 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 5 || person to seek its modification by the Court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 || Protective Order no Party waives any right it otherwise would have to object to 8 || disclosing or producing any information or item on any ground not addressed in this 9 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 || ground to use in evidence of any of the material covered by this Protective Order. 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 || Protected Material must comply with Civil Local Rule 79-5. Protected Material may 13 || only be filed under seal pursuant to a court order authorizing the sealing of the 14 || specific Protected Material at issue. If a Party's request to file Protected Material 15 || under seal is denied by the court, then the Receiving Party may file the information in 16 || the public record unless otherwise instructed by the court. 17 | 13. FINAL DISPOSITION 18 After the final disposition of this Action, as defined in paragraph 4, within 60 19 || days of a written request by the Designating Party, each Receiving Party must return 20 || all Protected Material to the Producing Party or destroy such material. As used in this 21 || subdivision, “all Protected Material” includes all copies, abstracts, compilations, 22 || summaries, and any other format reproducing or capturing any of the Protected 23 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party 24 || must submit a written certification to the Producing Party (and, if not the same person 25 || or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 26 || category, where appropriate) all the Protected Material that was returned or destroyed 27 || and (2)affirms that the Receiving Party has not retained any copies, abstracts, 28 || compilations, summaries or any other format reproducing or capturing any of the 14

1 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 2 || archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 3 || legal memoranda, correspondence, deposition and trial exhibits, expert reports, 4 || attorney work product, and consultant and expert work product, even if such materials 5 || contain Protected Material. Any such archival copies that contain or constitute 6 || Protected Material remain subject to this Protective Order as set forth in Section 4 7 || (DURATION). 8 14. Any violation of this Order may be punished by any and all appropriate 9 || measures including, without limitation, contempt proceedings and/or monetary 10 || sanctions. 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 B Dated: September 24, 2021 /s/ James A. De sario! 14 Michael Nourmand, Esq. James A. De Sario 15 THE NOURMAND LAW FIRM, APC 6 Attorneys for Plaintiff, Albert Johnson

7 Dated: September 24, 2021 /s/Annaliz M. Loera 18 Jonathan M. Lebe, Esq. Annaliz Loera, Esq. 19 LEBE LAW, APC | 50 Attorneys for Plaintiff, Raul Martinez

54 Dated: September 24, 2021 /s/Max W.Gavron 22 Larry W. Lee, Esq. 23 Max W. Gavron, Esq, DIVERSITY LAW GROUP, P.C. 24 Attorneys for Plaintiffs, Terrance Lovett, Robert Parsons and Javier 25 Cuevas Magana 26 27 || 'T, James A, De Sario, am the ECF User whose ID and password are being used to file this stipulation and proposed order. In compliance with Local Rule 5-4.3. NAA); I 28 || hereby attest that attorneys Annaliz M. Loera, Max Gavron, and Carmen M. Aguado 15

1 || Dated: September 24, 2021 2 /s/Carmen M. Aguado Robert R. Roginson, Esq. 3 Paloma P. Peracchio, Esq. Carmen M. Aguado. Esq 4 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 5 Attorneys for Defendants 6 7 8 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 9

11 | Dated: October 4, 2021 2 The Honorable Sheri Pym UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 || concurred in this filing. 16

1 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 5 || [have read in its entirety and understand the Stipulated Protective Order that was 6 || issued by the United States District Court for the Central District of California on 7 || [date] in the case of Albert Johnson, et al. v. Estenson Logistics, LLC, et al., Case No.: 8 || 5:20-cv-00118-JAK-SP. I agree to comply with and to be bound by all the terms of 9 || this Stipulated Protective Order and I understand and acknowledge that failure to so 10 || comply could expose me to sanctions and punishment in the nature of contempt. I 11 || solemnly promise that I will not disclose in any manner any information or item that is 12 || subject to this Stipulated Protective Order to any person or entity except in strict 13 || compliance with the provisions of this Order. I further agree to submit to the 14 || jurisdiction of the United States District Court for the Central District of California for 15 || the purpose of enforcing the terms of this Stipulated Protective Order, even if such 16 || enforcement proceedings occur after termination of this action. I hereby appoint 17 [print or type full name] of 18 [print or type full address and 19 || telephone number] as my California agent for service of process in connection with 20 || this action or any proceedings related to enforcement of this Stipulated Protective 21 || Order. 22 Date: 23 City and State where sworn and signed: 24 Printed name: 25 [printed name] 26 Signature: 27 28 45955511.1