Chamber of Commerce of the United States of America v. California Air Resources Board

• Court: District Court, C.D. California
• Decided: August 12, 2025
• Docket: 2:24-cv-00801
• Status: Unknown

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 WESTERN DIVISION 9 CHAMBER OF COMMERCE OF Case No. 2:24-cv-00801-ODW-PVCx 10 THE UNITED STATES OF AMERICA, CALIFORNIA STIPULATED AND PROTECTIVE 11 CHAMBER OF COMMERCE, ORDER AMERICAN FARM BUREAU 12 FEDERATION, LOS ANGELES 13 COUNTY BUSINESS FEDERATION, CENTRAL VALLEY BUSINESS 14 FEDERATION, and WESTERN GROWERS ASSOCIATION, 15 Plaintiffs, 16 v. 17 LIANE M. RANDOLPH, in her official 18 capacity as Chair of the California Air Resources Board, STEVEN S. CLIFF, 19 in his official capacity as the Executive 20 Officer of the California Air Resources Board, and ROBERT A. BONTA, in 21 his official capacity as Attorney General of California 22 Defendants. 23 24 1. PURPOSES AND LIMITATIONS 25 Discovery in this action may involve production of confidential, proprietary 26 or private information for which special protection from public disclosure and from 27 1 use for any purpose other than pursuing this litigation may be warranted. 2 Accordingly, the parties hereby stipulate to and petition the Court to enter the 3 following Stipulated Protective Order. The parties acknowledge that this Order does 4 5 not confer blanket protections on all disclosures or responses to discovery and that 6 the protection it affords from public disclosure and use extends only to the limited 7 information or items that are entitled to confidential treatment under the applicable 8 legal principles. 9 2. GOOD CAUSE STATEMENT 10 This action may involve trade secrets, customer lists and other valuable 11 12 research, development, commercial, financial, technical and/or proprietary 13 information for which special protection from public disclosure and from use for any 14 purpose other than the prosecution, defense, and/or settlement 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 19 development, or commercial information (including information implicating privacy 20 rights of third parties), information otherwise generally unavailable to the public, or 21 which may be privileged or otherwise protected from disclosure under state or 22 federal statutes, court rules, case decisions, or common law. 23 Accordingly, to expedite the flow of information, to facilitate the prompt 24 resolution of disputes over confidentiality of discovery materials, to adequately 25 26 protect information the parties are entitled to keep confidential, to ensure that the 27 parties are permitted reasonable necessary uses of such material in this action, 1 including but not limited to in preparation for and in the conduct of trial, to address 2 their handling at the end of the litigation, and serve the ends of justice, a protective 3 order for such information is justified in this matter. It is the intent of the parties that 4 5 information will not be designated as confidential for tactical reasons and that 6 nothing be so designated without a good faith belief that it has been maintained in a 7 confidential, non-public manner, and there is good cause why it should not be part 8 of the public record of this case. 9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 10 The parties further acknowledge, as set forth in Section 14.3, below, that this 11 12 Stipulated Protective Order does not entitle them to file confidential information 13 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 14 and the standards that will be applied when a party seeks permission from the court 15 to file material under seal. There is a strong presumption that the public has a right 16 of access to judicial proceedings and records in civil cases. In connection with non- 17 dispositive motions, good cause must be shown to support a filing under seal. See 18 19 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), 20 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 21 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even 22 stipulated protective orders require good cause showing), and a specific showing of 23 good cause or compelling reasons with proper evidentiary support and legal 24 justification, must be made with respect to Protected Material that a party seeks to 25 26 file under seal. The parties’ mere designation of Disclosure or Discovery Material 27 as CONFIDENTIAL does not—without the submission of competent evidence by 1 declaration, establishing that the material sought to be filed under seal qualifies as 2 confidential, privileged, or otherwise protectable—constitute good cause. 3 Further, if a party requests sealing related to a dispositive motion or trial, then 4 5 compelling reasons, not only good cause, for the sealing must be shown, and the 6 relief sought shall be narrowly tailored to serve the specific interest to be protected. 7 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 8 each item or type of information, document, or thing sought to be filed or introduced 9 under seal, the party seeking protection must articulate compelling reasons, 10 supported by specific facts and legal justification, for the requested sealing order. 11 12 Again, competent evidence supporting the application to file documents under seal 13 must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. If 16 documents can be redacted, then a redacted version for public viewing, omitting only 17 the confidential, privileged, or otherwise protectable portions of the document, shall 18 19 be filed. Any application that seeks to file documents under seal in their entirety 20 should include an explanation of why redaction is not feasible. 21 4. DEFINITIONS 22 4.1 Action: the above-captioned pending federal lawsuit. 23 4.2 Challenging Party: a Party or Non-Party that challenges the designation 24 of information or items under this Order. 25 26 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 2 the Good Cause Statement. 3 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as 4 5 their support staff). 6 4.5 Designating Party: a Party or Non-Party that designates information or 7 items that it produces in disclosures or in responses to discovery as 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY.” 10 4.6 Disclosure or Discovery Material: all items or information, regardless 11 12 of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced 14 or generated in disclosures or responses to discovery. 15 4.7 Expert: a person with specialized knowledge or experience in a matter 16 pertinent to the litigation who has been retained by a Party or its counsel to serve as 17 an expert witness or as a consultant in this Action. 18 19 4.8 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY 20 Information or Items: Protected Material the disclosure of which to another Party 21 or Non-Party would create a substantial risk of serious harm that could not be 22 avoided by less restrictive means. 23 4.9 House Counsel: attorneys who are employees of a party to this Action. 24 House Counsel does not include Outside Counsel of Record or any other outside 25 26 counsel. House Counsel includes employees of the California Air Resources Board 27 (“CARB”). 1 4.10 Non-Party: any natural person, partnership, corporation, association or 2 other legal entity not named as a Party to this action. 3 4.11 Outside Counsel of Record: attorneys who are not employees of a party 4 5 to this Action but are retained to represent a party to this Action and have appeared 6 in this Action on behalf of that party or are affiliated with a law firm that has 7 appeared on behalf of that party, and includes support staff. 8 4.12 Party: any party to this Action, including all of its officers, directors, 9 employees, consultants, retained experts, and Outside Counsel of Record (and their 10 support staffs). 11 12 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 13 Discovery Material in this Action. 14 4.14 Professional Vendors: persons or entities that provide litigation support 15 services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 and their employees and subcontractors. 18 19 4.15 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY.” 22 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 5. SCOPE 25 26 5.1 The protections conferred by this Stipulation and Order cover not only 27 Protected Material (as defined above), but also (1) any information copied or 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 5 Any use of Protected Material at trial shall be governed by the orders of the 6 trial judge and other applicable authorities. This Order does not govern the use of 7 Protected Material at trial. 8 5.2 Data Security of Protected Material. Any Receiving Party or person in 9 possession of or transmitting another Party’s Protected Material must maintain an 10 information security program consistent with standard industry practices that is 11 12 designed to protect and secure the Protected Material from loss, misuse, 13 unauthorized access, unauthorized disclosure, and theft. To the extent a Receiving 14 Party or person does not have an information security program, a Receiving Party 15 may comply with this Data Security provision by having the Protected Material 16 maintained by and/or stored with a secure eDiscovery/litigation support site(s) or 17 claims administrator that maintains an information security program that aligns with 18 19 standard industry practices. Any Protected Material in paper format must be 20 maintained in a secure location with access limited to persons entitled to access the 21 Protected Material under this Order. Protected Material shall not be copied or 22 otherwise reproduced by a Receiving Party, except for transmission to qualified 23 recipients, without the written permission of the Designating Party or by further 24 order of the Court. If a Receiving Party or any person in possession of or 25 26 transmitting another Party’s Protected Material discovers any loss of Protected 27 Material or a breach of security, including any actual or suspected unauthorized 1 access relating to another Party’s Protected Material, they shall comply with the 2 “Unauthorized Disclosure of Protected Material” provisions in Section 12 of this 3 Order. 4 5 6. DURATION 6 Once a case proceeds to trial and/or a hearing on one or more dispositive 7 motions, information that was designated as CONFIDENTIAL or HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY or maintained pursuant to 9 this protective order that was used or introduced as an exhibit at trial becomes public 10 and will be presumptively available to all members of the public, including the press, 11 12 unless compelling reasons supported by specific factual findings to proceed 13 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d 14 at 1180-81 (distinguishing “good cause” showing for sealing documents produced 15 in discovery from “compelling reasons” standard when merits-related documents are 16 part of court record). 17 Still, even after final disposition of this Action, the confidentiality obligations 18 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 otherwise in writing, or a court order otherwise directs. The Court retains jurisdiction 21 even after termination of this Action to enforce this Order and to make such 22 amendments, modifications, deletions, and additions to this Protective Order as the 23 Court from time to time deems appropriate. 24 7. DESIGNATING PROTECTED MATERIAL 25 26 7.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection under 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items or oral or written 4 5 communications that qualify so that other portions of the material, documents, items 6 or communications for which protection is not warranted are not swept unjustifiably 7 within the ambit of this Order. 8 Mass, indiscriminate or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber the case development process or to impose 11 12 unnecessary expenses and burdens on other parties) may expose the Designating 13 Party to sanctions. 14 If it comes to a Designating Party’s attention that information or items that it 15 designated for protection do not qualify for protection, that Designating Party must 16 promptly notify all other Parties that it is withdrawing the inapplicable designation. 17 7.2 Manner and Timing of Designations. Except as otherwise provided in 18 19 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material 20 that qualifies for protection under this Order must be clearly so designated before 21 the material is disclosed or produced. 22 Designation in conformity with this Order requires: 23 (a) for information in documentary form (e.g., paper or electronic documents, 24 but excluding transcripts of depositions or other pretrial or trial proceedings), that 25 26 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page 1 that contains protected material. If only a portion of the material on a page qualifies 2 for protection, the Producing Party also must clearly identify the protected portion(s) 3 (e.g., by making appropriate markings in the margins). 4 5 A Party or Non-Party that makes original documents available for inspection 6 need not designate them for protection until after the inspecting Party has indicated 7 which documents it would like copied and produced. During the inspection and 8 before the designation, all of the material made available for inspection shall be 9 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 10 documents it wants copied and produced, the Producing Party must determine which 11 12 documents, or portions thereof, qualify for protection under this Order. Then, before 13 producing the specified documents, the Producing Party must affix the appropriate 14 legend to each page that contains Protected Material. If only a portion of the material 15 on a page qualifies for protection, the Producing Party also must clearly identify the 16 protected portion(s) (e.g., by making appropriate markings in the margins). 17 (b) for testimony given in depositions, that a Producing Party provide the 18 19 specific page and line designations over which confidentiality is claimed to the 20 Receiving Party within thirty (30) days of receipt of the final transcript, provided, 21 however, that the Receiving Party will consider reasonable requests for an extension 22 of the deadline. Deposition testimony shall be treated as “HIGHLY 23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pending the deadline. After the 24 30-day period, if no Party has designated some or all of that deposition transcript as 25 26 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 27 ONLY” under this Protective Order, the entire deposition, or those portions of the 1 deposition not designated as confidential, will no longer be considered confidential. 2 (c) for information produced in some form other than documentary and for 3 any other tangible items, that the Producing Party affix in a prominent place on the 4 5 exterior of the container or containers in which the information is stored the 6 appropriate legend. If only a portion or portions of the information warrants 7 protection, the Producing Party, to the extent practicable, shall identify the protected 8 portion(s). 9 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items does not, standing alone, waive 11 12 the Designating Party’s right to secure protection under this Order for such material. 13 Upon timely correction of a designation, the Receiving Party must make reasonable 14 efforts to assure that the material is treated in accordance with the provisions of this 15 Order. 16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 18 19 designation of confidentiality at any time that is consistent with the Court’s 20 Scheduling Order. 21 8.2 Meet and Confer. The Challenging Party shall initiate the dispute 22 resolution process under Local Rule 37-1 et seq. 23 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 24 joint stipulation pursuant to Local Rule 37-2. 25 26 8.4 The burden of persuasion in any such challenge proceeding shall be on 27 the Designating Party. Frivolous challenges, and those made for an improper 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 5 continue to afford the material in question the level of protection to which it is 6 entitled under the Producing Party’s designation until the Court rules on the 7 challenge. 8 9. ACCESS TO AND USE OF PROTECTED MATERIAL 9 9.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 12 Action only for prosecuting, defending, or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a 15 Receiving Party must comply with the provisions of section 15 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 21 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: 25 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as 27 employees of said Outside Counsel of Record to whom it is reasonably necessary to 1 disclose the information for this Action; 2 (b) the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for this Action; 4 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, and any appellate court or other court (and 9 their personnel) before which the Parties appear in this Action; 10 (e) court reporters and their staff; 11 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) Any mediator who is assigned to hear this Action, and his or her staff, who 16 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 17 (h) the author or recipient of a document containing the information or a 18 19 custodian or other person who otherwise possessed or knew the information; 20 (i) during their depositions, witnesses, and attorneys for witnesses, in the 21 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 22 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 23 will not be permitted to keep any confidential information unless they sign the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 25 26 agreed by the Designating Party or ordered by the court. Pages of transcribed 27 deposition testimony or exhibits to depositions that reveal Protected Material may 1 be separately bound by the court reporter and may not be disclosed to anyone except 2 as permitted under this Stipulated Protective Order; and 3 (j) any mediators or settlement officers and their supporting personnel, 4 5 mutually agreed upon by any of the parties engaged in settlement discussions. 6 9.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY” Information or Items. Unless otherwise ordered by the Court or permitted 8 in writing by the Designating Party, any information or items designated “HIGHLY 9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: 10 (a) The Receiving Party’s In-House Counsel; 11 12 (b) The Receiving Party’s Outside Counsel in this Action; 13 (c) Experts (as defined in this Order) retained by the Receiving Party and their 14 staff (1) to whom disclosure is reasonably necessary for this Action, (2) who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as 16 to whom the procedures set forth in Paragraph 35 have been followed; 17 (d) The Court and its personnel, and any appellate court or other court (and 18 19 their personnel) before which the Parties appear in this Action; 20 (e) Court reporters, videographers, and their staff; 21 (f) Professional jury or trial consultants, mock jurors, and Professional 22 Vendors to whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (g) Any mediator who is assigned to hear this Action, and his or her staff, who 25 26 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 27 (h) During their depositions or a hearing, or during preparations for the same, 1 current and former employees of the Designating Party in this Action and their 2 attorneys to whom disclosure is reasonably necessary and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), provided that the 4 5 document is relevant to their work responsibilities during the relevant time and that 6 no copy of any document marked as “HIGHLY CONFIDENTIAL – ATTORNEYS’ 7 EYES ONLY” Information shall be left with the witness or included in the witness’s 8 copy of the transcript. Where a former employee is currently employed by a 9 competitor of the Designating Party, the Designating Party may move for a 10 protective order requiring heightened protections at least ten (10) business days prior 11 12 to the deposition, or may object during the course of the deposition to the disclosure 13 of any particular document marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ 14 EYES ONLY” by explaining the basis for its legitimate concerns of competitive 15 harm. If objecting during the course of the deposition, the objecting party may 16 request a telephonic ruling from the Court. If the Court is not available, the parties 17 will not show the objected-to document to the witness, and will leave the deposition 18 19 open. It will be the objecting party’s obligation to seek a ruling from the Court within 20 three (3) days of the deposition; 21 (i) The author or recipient of a document containing the information or a 22 custodian or other person who otherwise possessed or personally knows the 23 information; 24 (j) Any other person as to whom the Designating Party has consented to 25 26 disclosure in advance; and 27 (k) Such other persons as the Parties may agree or as may be ordered by the 1 Court. 2 9.4 Nothing contained in this Order shall be construed to restrict or limit 3 the use, dissemination, or disposition by the Designating Party of its own 4 5 information that it designates as “CONFIDENTIAL” or “HIGHLY 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 7 9.5. Exclusion of Individuals from Depositions. Counsel shall have the right 8 to exclude any person who is not authorized by this Order to receive documents or 9 information designated as Protected Materials from any deposition where testimony 10 regarding Protected Materials or the use of Protected Materials is likely to arise, but 11 12 only during periods of examination or testimony directed to or comprising Protected 13 Material. This paragraph does not apply to the deponent. 14 9.6 Procedures for Disclosure of “HIGHLY CONFIDENTIAL – 15 ATTORNEYS’ EYES ONLY” Protected Material to Experts. 16 (a) Before a Party provides “HIGHLY CONFIDENTIAL – ATTORNEYS’ 17 EYES ONLY” Protected Material to an Expert retained in connection with the 18 19 prosecution or defense of this litigation, the Party (both the Designating Party and 20 the Receiving Party) shall disclose to the other (1) the full name of the Expert and 21 the city and state of the Expert’s primary residence, and (2) either the name of the 22 Expert’s current employer, the Expert’s current Curriculum Vitae, or a link to the 23 Expert’s website. 24 (b) A Party that makes a disclosure specified in paragraph 9.7(a) may disclose 25 26 the subject Protected Material to the identified Expert unless, within seven (7) days 27 of delivering the request, the Party receives a written objection from the other Party. 1 Any such objection must set forth in detail the grounds on which it is based. 2 (c) A Party that receives a timely written objection pursuant to paragraph 3 9.7(b) must meet and confer with the opposing Party (through direct voice-to-voice 4 5 dialogue) to try to resolve the matter by agreement. If no agreement is reached, the 6 Producing Party may file a motion for protective order that would preclude the expert 7 from receiving “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 8 information within fourteen (14) days of the written objection. Each such motion 9 must be accompanied by a competent declaration affirming that the movant has 10 complied with the meet and confer requirements imposed in this paragraph. In any 11 12 such proceeding, the Party opposing disclosure to the Expert bears the burden of 13 proving that the risk of harm that the disclosure would entail (under the safeguards 14 imposed by this Order) outweighs the opposing Party’s need to disclose the 15 Protected Material to its Expert. 16 (d) Any opposition to a motion for protective order filed pursuant to this 17 paragraph will be filed within seven (7) days of the motion. A reply, if any, will be 18 19 due within three (3) days of the opposition. 20 9.7. The restrictions on the use of “CONFIDENTIAL” or “HIGHLY 21 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information established by this 22 Protective Order are applicable only to the use of the Disclosure or Discovery 23 Material received by a Party from another Party or from a Non-Party. A Party is 24 free to do whatever it desires with its own confidential information, provided that 25 26 any dissemination of the information by the Party that owns the information may 27 lead to the loss of that information’s confidential status. 1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 2 PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 5 that compels disclosure of any information or items designated in this Action as 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY,” that Party must: 8 (a) promptly notify in writing the Designating Party. Such notification shall 9 include a copy of the subpoena or court order; 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 12 issue in the other litigation that some or all of the material covered by the subpoena 13 or order is subject to this Protective Order. Such notification shall include a copy of 14 this Stipulated Protective Order; and 15 (c) cooperate with respect to all reasonable procedures sought to be pursued 16 by the Designating Party whose Protected Material may be affected. If the 17 Designating Party timely seeks a protective order, the Party served with the 18 19 subpoena or court order shall not produce any information designated in this action 20 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 21 EYES ONLY” before a determination by the court from which the subpoena or 22 order issued, unless the Party has obtained the Designating Party’s permission. The 23 Designating Party shall bear the burden and expense of seeking protection in that 24 court of its confidential material and nothing in these provisions should be construed 25 26 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 27 directive from another court. 1 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 11.1 The terms of this Order are applicable to information produced by a 4 5 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information 7 produced by Non-Parties in connection with this litigation is protected by the 8 remedies and relief provided by this Order. Nothing in these provisions should be 9 construed as prohibiting a Non-Party from seeking additional protections. 10 11.2 In the event that a Party is required, by a valid discovery request, to 11 12 produce a Non-Party’s confidential information in its possession, and the Party is 13 subject to an agreement with the Non-Party not to produce the Non-Party’s 14 confidential information, then the Party shall: 15 (a) promptly notify in writing the Requesting Party and the Non-Party that 16 some or all of the information requested is subject to a confidentiality agreement 17 with a Non-Party; 18 19 (b) promptly provide the Non-Party with a copy of the Stipulated Protective 20 Order in this Action, the relevant discovery request(s), and a reasonably specific 21 description of the information requested; and 22 (c) make the information requested available for inspection by the Non-Party, 23 if requested. 24 11.3 If the Non-Party fails to seek a protective order from this court within 25 26 14 days of receiving the notice and accompanying information, the Receiving Party 27 may produce the Non-Party’s confidential information responsive to the discovery 1 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 2 not produce any information in its possession or control that is subject to the 3 confidentiality agreement with the Non-Party before a determination by the court. 4 5 Absent a court order to the contrary, the Non-Party shall bear the burden and 6 expense of seeking protection in this court of its Protected Material. 7 12. INADVERTENT PRODUCTION OF PRIVILEGED OR 8 OTHERWISE PROTECTED MATERIAL 9 12.1 In this litigation, if a party or nonparty (“Disclosing Party”) 10 inadvertently discloses information that is subject to a claim of attorney-client 11 12 privilege work product protection, official information privilege, and/or 13 deliberative process privilege (“Inadvertently Disclosed Information”), such 14 disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of 15 privilege or work product protection with respect to the Inadvertently Disclosed 16 Information or its related subject matter in this litigation or in any other court or 17 legal proceeding. Upon notification by the Disclosing Party, the Receiving Party 18 19 agrees to, in accordance with Federal Rule of Civil Procedure 26(b)(5)(B), (i) return 20 and/or destroy all Inadvertently Disclosed Information, including any copies 21 thereof, and (ii) promptly provide written confirmation of compliance with this 22 provision. 23 12.2 If a Receiving Party learns that, by inadvertence or otherwise, it has 24 disclosed Protected Material to any person or in any circumstance not authorized 25 26 under this Order, or if the Receiving Party learns that Protected Materials have been 27 compromised due to a security breach, the Receiving Party must immediately: 1 (a) notify in writing the Designating Party of the unauthorized disclosures or 2 breach; 3 (b) use its best efforts to retrieve all unauthorized copies of the Protected 4 5 Material; 6 (c) inform the person or persons to whom unauthorized disclosures were made 7 of all the terms of this Order; and 8 (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached as Exhibit A. 10 12.3 Nothing in these provisions limits or prohibits a Party or Non-Party from 11 12 seeking any available legal or equitable remedies or relief for the unauthorized 13 disclosure of its Protected Material, including but not limited to attorneys’ fees and 14 costs associated with enforcing its rights under this Order. 15 13. MISCELLANEOUS 16 13.1 Public Knowledge or Independent Acquisition. Notwithstanding any 17 other provision of this Order, no person shall be precluded from using or disclosing, 18 19 in any lawful manner, any Protected Material that (a) was public knowledge prior 20 to disclosure, other than by public disclosure in violation of a court order, including 21 this or other protective orders; (b) was independently known by that person; (c) 22 either is independently and lawfully developed or is acquired by the Receiving Party 23 from any source, other than the designating source, unless the Receiving Party 24 knows or should know that the person from whom the Receiving Party received the 25 26 Protected Material came into possession of such Protected Material unlawfully; (d) 27 becomes public knowledge other than by an act or omission of the Receiving Party 1 or by violation of a court order, including this or other protective orders; or (e) is 2 treated by the Designating Party in a manner that is inconsistent with its status as 3 Protected Material by, for example, freely providing it to other persons—other than 4 5 members of the Plaintiff business associations—in a non-confidential and non- 6 protective manner. The burden of proving prior possession, prior knowledge, prior 7 public knowledge, or inconsistent treatment of such Protected Material shall be on 8 the Receiving Party. 9 13.2 Right to Further Relief. Nothing in this Order abridges the right of any 10 person to seek its modification by the Court in the future. 11 12 13.3 Right to Assert Other Objections. By stipulating to the entry of this 13 Protective Order, no Party waives any right it otherwise would have to object to 14 disclosing or producing any information or item on any ground not addressed in this 15 Stipulated Protective Order. Similarly, no Party waives any right to object on any 16 ground to use in evidence of any of the material covered by this Protective Order. 17 13.4 No Waiver. Nothing in this Order shall be deemed a waiver of the right 18 19 of any party to oppose production of any information or material on any available 20 grounds or to object to the authenticity or admissibility of any document, testimony, 21 or other evidence. 22 13.5 No Modification of Privileges. Nothing in this Order shall modify the 23 law regarding the attorney-client privilege, the attorney work product doctrine, the 24 joint defense privilege, and any other applicable privilege or protection from 25 26 disclosure to the extent such privilege or protection exists under applicable law. 27 13.6 Filing Protected Material. A Party that seeks to file under seal any 1 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 2 only be filed under seal pursuant to a court order authorizing the sealing of the 3 specific Protected Material. If a Party’s request to file Protected Material under seal 4 5 is denied by the court, then the Receiving Party may file the information in the 6 public record unless otherwise instructed by the court. 7 14. FINAL DISPOSITION 8 14.1 Final disposition shall be deemed to be the later of: (a) dismissal of all 9 claims and defenses in this Action, with or without prejudice; and (b) final judgment 10 herein after the completion and exhaustion of all appeals, re-hearings, remands, 11 12 trials, or reviews of this Action, including the time limits for filing any motions or 13 applications for extension of time pursuant to applicable law. 14 14.2 Unless otherwise ordered or agreed in writing by the Producing Party, 15 within sixty (60) days after the final disposition of this Action, each Receiving Party 16 and each Non-Party in receipt of Protected Material pursuant to the procedures in 17 Paragraph 34 above must take reasonable steps to return all Protected Material to 18 19 the Producing Party or destroy such material, except: (a) backup tapes or other 20 disaster recovery systems that are routinely deleted or written over in accordance 21 with an established routine system maintenance practice; (b) emails sent or received 22 by counsel for the Receiving Party; (c) documents that must be preserved as 23 government records or in compliance with other statutory, regulatory, or legal 24 authorities; or (d) work product kept in the ordinary course of business in which 25 26 confidential material is referenced or described. As used in this subdivision, “all 27 Protected Material” includes all copies, abstracts, compilations, summaries, and any 1 other format reproducing or capturing any of the Protected Material. 2 Whether the Protected Material is returned or destroyed, upon the written 3 request of the Producing Party, the Receiving Party must submit a written 4 5 certification to the Producing Party (and, if not the same person or entity, to the 6 Designating Party) within a reasonable time after receiving the request that (a) 7 identifies (by category, if appropriate) all the Protected Material that was returned 8 or destroyed, and (b) affirms that the Receiving Party has not retained any copies, 9 abstracts, compilations, summaries, or any other format reproducing or capturing 10 any of the Protected Material. 11 12 Notwithstanding this provision, Outside Counsel and House Counsel are 13 each entitled to retain copies of all pleadings, motion papers, trial, deposition, and 14 hearing transcripts, legal memoranda, settlement conference statements, mediation 15 briefs, correspondence, deposition and trial exhibits, expert reports, attorney work 16 product, and consultant and expert work product, even if such materials contain 17 Protected Material. 18 19 15. Standard Protective Order 20 This Order supersedes any applicable Standard Protective Order or pre-suit 21 confidentiality agreement, and as of the date of this Order, this Order governs the 22 treatment of Protected Material produced in this action, including Protected Material 23 produced when the Standard Protective Order or pre-suit confidentiality agreement 24 was in effect in this action. 25 26 27 16. VIOLATION Any violation of this Order may be punished by appropriate measures

A including, without limitation, contempt proceedings and/or monetary sanctions. 5 6 FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS ORDERED. 8 . 9 || DATED: August 12, 2025 fuk Wie 10 Honorable Pedro V. Castillo 1] United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25

1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO 3 BE BOUND 4 I, [print or type full name], of 5

6 [print or type full address], declare 7 under penalty of perjury that I have read in its entirety and understand the 8 Protective Order that was issued by the United States District Court for the 9 Central District of California, in the case of Chamber of Commerce v. Randolph, 10 No. 2:24-cv-00801-ODW-PVC. I agree to comply with and to be bound by all 11 the terms of this Protective Order and I understand and acknowledge that failure 12 13 to so comply could expose me to sanctions and punishment in the nature of 14 contempt. I solemnly promise that I will not disclose in any manner any 15 information or item that is subject to this Protective Order to any person or entity 16 except in strict compliance with the provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District 18 19 Court for the Central District of California for the purpose of enforcing the terms 20 of this Protective Order, even if such enforcement proceedings occur after 21 22 termination of this Action. 23

24 25 26

27 1 I hereby appoint [print or type full name] of [print or type full 2 address and telephone number] as my California agent for service of process 3 in connection with this Action or any proceedings related to enforcement of 4 5 this Protective Order. 6

8 9 PRINT NAME HERE 10

11 12 13 SIGN NAME HERE

14 15 DATE

16 17 COUNTY

19 20 21 22 23 24 25 26 27