Gamez v. Toyota Motor Sales, U.S.A., Inc.

Opinion

] 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARECELY GAMEZ, et al., Case No. 2:23-cv-01464-DAD-CSK 2 Plaintiffs, ORDER GRANTING MODIFIED 13 STIPULATED PROTECTIVE ORDER 14 (ECF No. 39) TOYOTA MOTOR SALES, U.S.A., 15 || INC., 16 Defendant. 17 18 The Court has reviewed the parties’ stipulated protective order below (ECF No. 39), 19 || and finds it comports with the relevant authorities and the Court’s Local Rule. See L.R. 20 || 141.1. The Court APPROVES the protective order, subject to the following clarification. 21 The Court’s Local Rules indicate that once an action is closed, it “will not retain 22 || jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 23 11 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 24 | (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain jurisdiction 25 || for disputes concerning protective orders after closure of the case). Thus, the Court will not 26 || retain jurisdiction over this protective order once the case is closed. 27 || Dated: May 19, 2025 28 4, game1464.23 ( | {AR Opy GHI 500 KIM 7 UNITED STATES MAGISTRATE JUDGE

1 GREENBERG TRAURIG, LLP ROBERT J. HERRINGTON (SBN 234417) 2 JENNIFER C. COOPER (SBN 324804) 1840 Century Park East, Suite 1900 3 Los Angeles, CA 90067-2121 4 Telephone: 310-586-6575 Facsimile: 310-586-7800 5 Email: Robert.Herrington@gtlaw.com Jennifer.Cooper@gtlaw.com 6 CHRISTOPHER S. DODRILL (admitted pro hac vice) 7 2200 Ross Avenue, Suite 5200 Dallas, TX 75201 8 Telephone: 214-665-3681 Facsimile: 214-665-3601 9 Email: Christopher.Dodrill@gtlaw.com 10 Attorneys for Defendant TOYOTA MOTOR SALES, U.S.A., INC. 11 [Counsel for Plaintiffs on Signature Page] 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 SACRAMENTO DIVISION

15 ARECELY GAMEZ and JEFFRY TAKILI, on CASE NO. 2:23-cv-01464-DAD-CSK behalf of themselves and all others similarly 16 situated, [PROPOSED] STIPULATED PROTECTIVE ORDER 17 Plaintiffs, 18 Magistrate Judge: Hon. Chi Soo Kim v. 19 TOYOTA MOTOR SALES, U.S.A., INC., a 20 Texas corporation,

21 Defendant. 22 23 24

25 26 27 1 To expedite the flow of discovery material, facilitate the prompt resolution of disputes over 2 confidentiality, adequately protect material entitled to be kept confidential, and ensure that protection 3 is afforded only to material so entitled, Plaintiffs Arecely Gamez and Jeffry Takili (“Plaintiffs”) and 4 Defendant Toyota Motor Sales, U.S.A, Inc. (“TMS”) (together with Plaintiffs, the “Parties”), by and 5 through their respective counsel, and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, 6 hereby stipulate and agree to the terms of this Stipulated Protective Order (hereinafter “Protective 7 Order” or “Order”). 8 1. INTRODUCTION 9 1.1 Purposes and Limitations. Discovery in this action is likely to involve production of 10 confidential, 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. Accordingly, the 12 parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The 13 parties acknowledge that this Order does not confer blanket protections on all disclosures or responses 14 to discovery and that the protection it affords from public disclosure and use extends only to the limited 15 information or items that are entitled to confidential treatment under the applicable legal principles. 16 1.2 Good Cause Statement. This action is likely to involve trade secrets, valuable research, 17 design, development, commercial, financial, technical and/or proprietary information for which special 18 protection from public disclosure and from use for any purpose other than prosecution of this action is 19 warranted. Such confidential and proprietary materials and information consist of, among other things, 20 confidential business or financial information, information regarding confidential business practices, 21 or other confidential research, design, development, or commercial information (including information 22 implicating privacy rights of third parties), information otherwise generally unavailable to the public, 23 or which may be privileged or otherwise protected from disclosure under state or federal statutes, court 24 rules, case decisions, common law, or any foreign privacy laws. Accordingly, to expedite the flow of 25 information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, 26 to adequately protect information the parties are entitled to keep confidential, to ensure that the parties 27 are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, 1 such information is justified in this matter. It is the intent of the parties that information will not be 2 designated as confidential for tactical reasons and that nothing be so designated without a good faith 3 belief that it has been maintained in a confidential, non-public manner, and there is good cause why it 4 should not be part of the public record of this case. 5 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties further acknowledge, 6 as set forth below in Section 12.3, that this Stipulated Protective Order does not entitle them to file 7 confidential information under seal. See Hon. Dale A. Drozd Standing Order in Civil Actions, 8 https://www.caed.uscourts.gov/caednew/assets/File/DAD_Civil_Standing_Order_SAC08292022.pdf. 9 United States District Court Eastern District of California Local Rules 140 and 141 sets forth the 10 procedures that must be followed and the standards that will be applied when a party seeks permission 11 from the court to file material under seal. 12 There is a strong presumption that the public has a right of access to judicial proceedings and 13 records in civil cases. In connection with non-dispositive motions, good cause must be shown to 14 support a filing under seal and a specific showing of good cause or compelling reasons with proper 15 evidentiary support and legal justification, must be made with respect to Protected Material that a party 16 seeks to file under seal. See, e.g., Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th 17 Cir. 2006), Phillips ex rel. Ests. of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002). 18 The parties’ mere designation of Disclosure or Discovery Material as “CONFIDENTIAL” or 19 “HIGHLY CONFIDENTIAL” does not—without the submission of competent evidence by 20 declaration, establishing that the material sought to be filed under seal qualifies as confidential, 21 privileged, or otherwise protectable constitute good cause. 22 Further, if a party requests sealing related to a dispositive motion or trial, which does not include 23 discovery or class certification motions, then compelling reasons, not only good cause, for the sealing 24 must be shown, and the relief sought shall be narrowly tailored to serve the specific interest to be 25 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or 26 type of information, document, or thing sought to be filed or introduced under seal in connection with 27 a dispositive motion or trial, the party seeking protection must articulate compelling reasons, supported 1 by specific facts and legal justification, for the requested sealing order. Again, competent evidence 2 supporting the application to file documents under seal must be provided by declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in its entirety will 4 not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then 5 a redacted version for public viewing, omitting only the confidential, privileged, or otherwise 6 protectable portions of the document, shall be filed. Any application that seeks to file documents under 7 seal in their entirety should include an explanation of why redaction is not feasible. 8 2. DEFINITIONS 9 2.1 Action: the above captioned case. 10 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information 11 or items under this Order. 12 2.3 “CONFIDENTIAL” Material: For purposes of this Order, information (regardless of 13 how it is generated, stored or maintained) or tangible things considered to be 14 “CONFIDENTIAL” Material include any information that a Party believes in good faith 15 to be confidential or sensitive non-public information, including, but not limited to, 16 trade secrets, research, design, development, financial, technical, marketing, planning, 17 personal, or commercial information, as such terms are used in Rule 26(c)(l)(G) of the 18 Federal Rules of Civil Procedure and any applicable case law interpreting Rule 19 26(c)(l)(G). 20 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as their support 21 staff). 22 2.5 Court: Any federal Court having jurisdiction over any aspect of the within Action, 23 including attorneys, employees, judges, magistrates, secretaries, special masters, 24 stenographic reporters, staff, transcribers and all other personnel necessary to assist the 25 Court in its function, and the jury. 26 2.6 Designating Party: a Party or Non-Party that designates information or items that it 27 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 1 2.7 Disclosure or Discovery Material: all items or information, regardless of the medium or 2 manner in which it is generated, stored, or maintained (including, among other things, 3 testimony, transcripts, and tangible things), that are produced or generated in disclosures 4 or responses to discovery in this matter. 5 2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to the 6 litigation who has been retained by a Party or its counsel to serve as an expert witness 7 or as a consultant in this Action. 8 2.9 Final Disposition: the later of (1) dismissal of all claims and defenses in this Action, 9 with or without prejudice; and (2) final judgment herein after the completion and 10 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 11 including the time limits for filing any motions or applications for extension of time 12 pursuant to applicable law. 13 2.10 “HIGHLY CONFIDENTIAL” Material: For purposes of this Order, information 14 (regardless of how it is generated, stored or maintained) or tangible things considered 15 to be “HIGHLY CONFIDENTIAL” Materials includes non-public product design and 16 testing information or extremely sensitive, highly confidential, non-public information, 17 consisting either of trade secrets, proprietary, or other highly confidential business, 18 financial, regulatory, or strategic information (including information regarding business 19 plans, technical data, and non-public designs), the disclosure of which would create a 20 substantial risk of competitive or business injury to the Producing Party. “HIGHLY 21 CONFIDENTIAL” shall also include materials containing “Personally Identifiable 22 Information.” 23 2.11 In-House Counsel: attorneys who are employees of a party to this Action. In-House 24 Counsel does not include Outside Counsel of Record or any other outside counsel. 25 2.12 Non-Party: any natural person, partnership, corporation, association, or other legal 26 entity not named as a Party to this action. 27 2.13 Outside Counsel of Record: counsel of record for the Parties, including all partners, 1 personnel of such counsel who may be assisting counsel of record for the parties in the 2 conduct of the Action, and all clerks, employees, independent contractors, consultants, 3 investigators, paralegals, assistants, secretaries, staff and stenographic, computer, 4 audio-visual and clerical employees and agents thereof when operating under the 5 supervision of such partners or associate attorneys. 6 2.14 Party: any party to this Action, including all of its officers, directors, employees, 7 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 8 2.15 Personally Identifiable Information: any information that a party believes in good faith 9 to be subject to federal, state or foreign data protection laws or other privacy obligations. 10 Examples of such data protection laws include, but are not limited to, the Gramm- 11 Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial information); the Health Insurance 12 Portability and Accountability Act, 45 CFR Part 160 and Subparts A and E of Part 164 13 (medical information); the General Data Protection Regulation (GDPR): Regulation 14 (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the 15 protection of natural persons with regard to the processing of personal data and on the 16 free movement of such data, and repealing Directive 95/46/EC (General Data Protection 17 Regulation), OJ 2016 L 119/1; Personal Information Protection and Electronic 18 Documents Act (PIPEDA), S.C. 2000, c. 5 (Canada personal information); the Federal 19 Law on Protection of Personal Data held by Private Parties (published July 5, 2010) 20 (Mexico personal information); and Act on the Protection of Personal Information 21 (Japan personal information); Japan’s Protection of Personal Information Act (2023); 22 and the California Privacy Rights Act and the California Consumer Privacy Act, Cal. 23 Civ. Code §§ 1798.100 et seq., Cal. Code Regs. tit. 11, §§ 999.300 et seq., Any party 24 may redact Personally Identifiable Information that it claims, in good faith, requires 25 protections under the terms of this Order. Personally Identifiable Information, however, 26 shall not be redacted from Discovery Material to the extent it directly relates to or 27 identifies an individual named as a party in this Litigation. Personally Identifiable 1 protections and treatment afforded to other Protected Material under this Protective 2 Order. 3 2.16 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 4 in this Action. 5 2.17 Professional Vendors: persons or entities, and their employees and subcontractors, that 6 provide litigation-support services, including outside copying services, court reporters, 7 stenographers, videotaping services, translating services, services to prepare exhibits or 8 demonstrations, or companies engaged in the business of supporting computerized or 9 electronic litigation discovery or trial preparation, that are retained by a Party or its 10 counsel. 11 2.18 Protected Material: any Disclosure or Discovery Material that is designated as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” or which contains Personally 13 Identifiable Information. 14 2.19 Receiving Party: a Party that receives Disclosure or Discovery Material from a 15 Producing Party. 16 3. SCOPE 17 This Protective Order shall govern for pre-trial purposes the handling of all Disclosure or 18 Discovery Material, including documents, depositions, deposition exhibits, interrogatory responses, 19 responses to requests for admissions, responses to requests for production of documents, and all other 20 discovery obtained pursuant to the Federal Rules of Civil Procedure by or from a Party in connection 21 with the Action. The protections conferred by this Protective Order cover not only Protected Material 22 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 23 copies, excerpts, summaries, or compilations of Protected Material that might reveal Protected 24 Material; (3) any testimony, conversations, or presentations by Parties or their Counsel that might 25 reveal Protected Material; and (4) any notes, lists, memoranda, indices, compilations, data analyses, or 26 other information prepared or based on an examination of Protected Material, that quote from or 27 paraphrase Protected Material with such specificity that the Protected Material can be identified shall 1 are made, shall be designated with the appropriate confidentiality legend, and shall be subject to all of 2 the terms of this Protective Order. 3 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This 4 Stipulated Protective Order does not govern the use of Protected Material at trial. 5 4. TRIAL AND DURATION 6 The terms of this Stipulated Protective Order apply through Final Disposition of the Action. 7 Once a case proceeds to trial, information that was designated as “CONFIDENTIAL” or maintained 8 pursuant to this Stipulated Protective Order and used or introduced as an exhibit at trial becomes public 9 and will be presumptively available to all members of the public, including the press, unless compelling 10 reasons supported by specific factual findings to proceed otherwise are made to the trial judge in 11 advance of the trial. See Kamakana, 447 F.3d at 1180–81 (distinguishing “good cause” showing for 12 sealing documents produced in discovery from “compelling reasons” standard when merits-related 13 documents are part of court record). Accordingly, for such materials, the terms of this Stipulated 14 Protective Order do not extend beyond the commencement of the trial. Even after Final Disposition of 15 this litigation, the confidentiality obligations imposed by this Stipulated Protective Order shall remain 16 in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 19 Non-Party that designates information or items for protection under this Order must take care to limit 20 any such designation to specific material that qualifies under the appropriate standards. The 21 Designating Party must designate for protection only those parts of material, documents, items, or oral 22 or written communications that qualify so that other portions of the material, documents, items, or 23 communications for which protection is not warranted are not swept unjustifiably within the ambit of 24 this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 25 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 26 encumber the case development process or to impose unnecessary expenses and burdens on other 27 parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention 1 that information or items that it designated for protection do not qualify for protection, that Designating 2 Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in this Stipulated 4 Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 5 ordered, Disclosure or Discovery Material that qualifies for protection under this Stipulated Protective 6 Order must be clearly so designated before the material is disclosed or produced. Designation in 7 conformity with this Stipulated Protective Order requires: 8 For information in documentary form (e.g., paper or electronic documents, but excluding 9 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix at a 10 minimum, the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” to each page that contains 11 protected material. If only a portion or portions of the material on a page qualifies for protection, the 12 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 13 markings in the margins) to include: 14 a. TIFF Documents. In the case of documents or other materials (apart from depositions or 15 other pre-trial testimony), designation shall be made by affixing the legend 16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” to all pages in each document 17 containing any “CONFIDENTIAL” Material or “HIGHLY CONFIDENTIAL” Material, 18 respectively. 19 b. Native Documents. With respect to documents or materials containing Covered Information 20 produced in Native Format, the Designating Party shall include the highest level of 21 confidentiality designation in the filename. 22 c. Non-Written Materials. Any non-text Covered Information (e.g., videotape, audio tape, 23 computer disk, etc.) may be designated as such by labeling the outside of such material as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” In the event a Receiving Party 25 generates any “hard copy” transcription or printout from any such designated non-written 26 materials, the person who generates such “hard copy” transcription or printout shall take 27 reasonable steps to maintain the confidentiality of such materials and properly identify and 1 stamp each page of such material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” 2 consistent with the original designation by the Producing Party. 3 With respect to any deposition, confidential treatment may be invoked by designating specific 4 pages and/or lines as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on the record at the 5 deposition, or by serving such designations within 30 days after receipt of the transcript of the 6 deposition in which the designations are made. All deposition transcripts shall be treated as “HIGHLY 7 CONFIDENTIAL” for 30 days following receipt of the transcript. 8 For information produced in some form other than documentary and for any other tangible 9 items, that the Producing Party affix in a prominent place on the exterior of the container or containers 10 in which the information is stored the “CONFIDENTIAL” legend. If only a portion or portions of the 11 information warrants protection, the Producing Party, to the extent practicable, shall identify the 12 protected portion(s). 13 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 14 qualified information or items does not, standing alone, waive the Designating Party’s right to secure 15 protection under this Order for such material. Upon timely correction of a designation, the Receiving 16 Party must make reasonable efforts to assure that the material is treated in accordance with the 17 provisions of this Stipulated Protective Order. 18 5.4 Disclosure of Protected Material. The failure to designate Protected Material does not 19 constitute a waiver of such claim and may be remedied by prompt supplemental written notice upon 20 discovery of the disclosure, with the effect that such Protected Material will be subject to the protections 21 of this Order. The Receiving Party shall exercise good faith efforts to ensure that copies made of 22 Protected Material produced to it, and copies made by others who obtained such Protected Material 23 directly or indirectly from the Receiving Party, include the appropriate confidentiality legend, to the 24 same extent that the Protected Material has been marked with the appropriate confidentiality legend by 25 the Producing Party. 26 5.5 Materials Prepared Based Upon Protected Material. Any notes, lists, memoranda, 27 indices, compilations, or other materials prepared or based on an examination of Protected Material, 1 be identified shall be accorded the same status of confidentiality as the underlying Protected Material 2 from which they are made, shall be designated with the appropriate confidentiality legend, and shall be 3 subject to all of the terms of this Protective Order. 4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 6 confidentiality within 60 days of the Producing Party indicating that its production of documents 7 pursuant to the document request in which the pertinent document was produced, is completed . 8 6.2 Challenge. A Party challenging the designation of any material as “CONFIDENTIAL” 9 or “HIGHLY CONFIDENTIAL” shall give written notice to the Designating Party. The Receiving 10 Party must make de-designation requests in good faith. Mass, indiscriminate, or routinized requests for 11 de-designation are prohibited. No Party is obliged to challenge the disclosure, or designation thereof, 12 and a failure to do so shall not preclude a subsequent challenge. 13 6.3 Meet and Confer. Upon receipt of the written objection, counsel for the Designating 14 Party shall, within ten (10) business days, provide a written response to the objecting Party explaining 15 the basis and supporting authority for the designation. The Parties shall meet and confer in good faith 16 to attempt to resolve the dispute without resort to Court intervention. The burden of persuasion in any 17 such challenge proceeding shall be on the Designating Party. As part of that process, the Designating 18 Party must assess whether designation of a portion of the material as “Confidential” is a viable 19 alternative to designation of the entire document. 20 6.4 Discovery Motion. If no agreement is reached, the Producing Party shall have thirty (30) 21 days from the date the challenge was made to commence the pre-motion conference outlined in the 22 Magistrate Judge Chi Soo Kim’s Civil Standing Orders (“Magistrate Judge Kim’s Standing Order”), 23 https://www.caed.uscourts.gov/caednew/assets/File/CSK_Civil_StdOrder_Eff_2025_04-28.pdf. If 24 authorized to do so following a pre-motion conference, the Producing Party shall file and serve a motion 25 pursuant to United States District Court Eastern District of California Local Rule 251 seeking an order 26 prohibiting disclosure of the disputed material other than as permitted by this Protective Order. If the 27 Producing Party does not initiate the pre-discovery motion conference process required in Magistrate 1 Judge Kim’s Standing Order within thirty (30) days of a challenge, the subject “CONFIDENTIAL” 2 Material or “HIGHLY CONFIDENTIAL” Material designation is effectively withdrawn. 3 6.5 Status of Challenged Designation Pending Judicial Determination. Any document or 4 testimony as to which such a motion challenge is made shall continue to be treated as confidential until 5 the Court renders a decision or the motion is otherwise resolved. In the event the Court rules that the 6 challenged material is not “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” the Designating 7 Party shall reproduce copies of all materials so designated without the “CONFIDENTIAL” or 8 “HIGHLY CONFIDENTIAL” label at the Designating Party’s expense within ten business days. 9 6.6 Frivolous Challenges or Challenges Made for an Improper Purpose. Frivolous 10 challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses 11 and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating 12 Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under the Producing Party’s 14 designation until the court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 17 produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 18 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the 19 categories of persons and under the conditions described in this Order. When the Action reaches a Final 20 Disposition, a Receiving Party must comply with the provisions of section 13 below. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 22 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 23 information or item designated “CONFIDENTIAL” only: 24 a. the Parties; 25 b. to the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of 26 said Outside Counsel of Record to whom it is reasonably necessary to disclose the 27 information for this Action; 1 c. to the officers, directors, and employees (including In-House Counsel) of the Receiving 2 Party to whom disclosure is reasonably necessary for this Action; 3 d. to Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably 4 necessary for this Action and who have signed the “Acknowledgment and Agreement to Be 5 Bound” (Exhibit A); 6 e. to the court and its personnel; 7 f. to court reporters and their staff; 8 g. to professional jury or trial consultants, mock jurors, and Professional Vendors to whom 9 disclosure is reasonably necessary for this Action and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 h. to the author or recipient of a document containing the information or a custodian or other 12 person who otherwise possessed or knew the information; 13 i. during their depositions, to witnesses, and attorneys for witnesses, in the Action to whom 14 disclosure is reasonably necessary, provided: (1) the deposing party requests that the 15 witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and the 16 witness will not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by 18 the Designating Party or ordered by the court. Pages of transcribed deposition testimony or 19 exhibits to depositions that reveal Protected Material may be separately bound by the court 20 reporter and may not be disclosed to anyone except as permitted under this Stipulated 21 Protective Order; and 22 j. to any mediator or settlement officer, and their supporting personnel, mutually agreed upon 23 by any of the parties engaged in settlement discussions. 24 7.3 Persons Authorized to Receive “HIGHLY CONFIDENTIAL” Material. Except as 25 specifically provided for in this or subsequent Court orders, “HIGHLY CONFIDENTIAL” Materials 26 or their contents may be disclosed, summarized, described, or otherwise communicated or made 27 available in whole or in part only to the persons identified and conditions set forth in Paragraphs 7.2 1 the foregoing counsel may disclose “HIGHLY CONFIDENTIAL” Material while on the record in a 2 deposition taken in this Action to a witness provided; (i) counsel in good faith believes the witness has 3 knowledge of the matters contained in the “HIGHLY CONFIDENTIAL” Material (but only as to the 4 subject matter to which the witness is reasonably believed to have knowledge; and (ii) counsel in good 5 faith deems it necessary for the prosecution or defense of this Action to show the “HIGHLY 6 CONFIDENTIAL” Material or information to the witness. The witness shall sign the Exhibit A as 7 described in herein before the material is disclosed. If a dispute arises regarding whether it is necessary 8 for the prosecution or defense of the Action to show “HIGHLY CONFIDENTIAL” Material to the 9 witness, counsel for the parties present at the deposition shall meet and confer during the deposition in 10 an attempt to resolve the dispute. If the parties are unable to resolve the dispute, the “HIGHLY 11 CONFIDENTIAL” Material shall not be disclosed to the witness until such time that the Court can 12 resolve the dispute. 13 7.4 Security of Protected Material. Any person in possession of another Party’s Protected 14 Material shall exercise the same care with regard to the storage, custody, or use of Protected Material 15 as they would apply to their own material of the same or comparable sensitivity. Receiving Parties 16 must take reasonable precautions to protect Protected Material from loss, misuse and unauthorized 17 access, disclosure, alteration and destruction, including but not limited to: 18 a. Protected Material in electronic format shall be maintained in a Secure litigation support 19 site(s) that applies standard industry practices regarding data security, including but not 20 limited to application of access control rights to those persons entitled to access Protected 21 Material under this Order; 22 b. An audit trail of use and access to litigation support site(s) shall be maintained while this 23 Litigation, including any appeals, is pending; 24 c. Any Protected Material downloaded from the litigation support site(s) in electronic format 25 shall be stored only on device(s) (e.g. laptop, tablet, smartphone, thumb drive, portable hard 26 drive) that are password protected and/or encrypted with access limited to persons entitled 27 to access Protected Material under this Order. If the user is unable to password protect 1 and/or encrypt the device, then the Protected Material shall be password protected and/or 2 encrypted at the file level. 3 d. Protected Material in paper format is to be maintained in a secure location with access 4 limited to persons entitled to access Protected Material under this Order; and 5 e. Summaries of Protected Material, including any lists, memorandum, indices or 6 compilations prepared or based on an examination of Protected Material, that quote from or 7 paraphrase Protected Material in a manner that enables it to be identified shall be accorded 8 the same status of confidentiality as the underlying Protected Material. If the recipient of 9 Protected Material is shipping data in electronic format, the recipient shall encrypt the data 10 prior to shipping and provide the encryption key in separate correspondence. If hard copy 11 documents are shipped, the Receiving Party will ship the documents using secure packaging 12 tape via Federal Express or UPS and retain a tracking number for the materials. If the 13 Receiving Party learns at any time that the Protected Material has been retrieved or viewed 14 by unauthorized parties during shipment, it will immediately notify the Producing Party and 15 take all reasonable measures to retrieve the improperly disclosed materials. 16 f. Absent notice and permission by the producing Party, the Receiving Party shall not use any 17 application, software, or analytical solution that will transmit, transfer or allow access to 18 any person, entity or organization not authorized to have access to Protected Material under 19 the terms of this Order. 20 g. Absent notice to and permission from the producing Party, any person or entity authorized 21 to have access to Protected Material under the terms of this Order shall not use or employ 22 any application, service, or analytical software that will transfer, transmit, send or allow any 23 external access to Protected Material (in whole or in part) unless such application, service 24 or analytical software is containerized (i.e., does not transmit any Protected Material, 25 including parts or summaries thereof) to any external system or network for the purpose of 26 analysis, use or the generation of text outputs in response to queries, has the ability to track 27 all information in the system (including access), and does not otherwise allow access to 1 applies to the use of public advanced large language models, “generative” AI tools, and 2 other advanced AI systems, including but not limited to public versions of OpenAI GPT, 3 ChatGPT3/4 et seq., Google Gemini, Meta LLAMA, MidJourney, DALL-E, and Stable 4 Diffusion. 5 8. EXCLUSION OF INDIVIDUALS FROM DEPOSITIONS 6 Counsel shall have the right to exclude any person who is not authorized by this Order to receive 7 documents or information designated as Protected Material from any deposition where testimony 8 regarding Protected Material or the use of Protected Material is likely to arise. 9 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 10 OTHER LITIGATION 11 If a Receiving Party is served with a subpoena or a court order issued in other litigation that 12 compels disclosure of any information or items designated in this Action as Protected Material that 13 Party must: 14 a. promptly notify in writing the Designating Party. Such notification shall include a copy 15 of the subpoena or court order; 16 b. promptly notify in writing the party who caused the subpoena or order to issue in the 17 other litigation that some or all of the material covered by the subpoena or order is 18 subject to this Protective Order. Such notification shall include a copy of this Stipulated 19 Protective Order; and 20 c. cooperate with respect to all reasonable procedures sought to be pursued by the 21 Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 23 court order shall not produce any information designated in this action as Protected Material before a 24 determination by the court from which the subpoena or order issued, unless the Party has obtained the 25 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 26 protection in that court of its “CONFIDENTIAL” Material and nothing in these provisions should be 27 construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 1 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 2 IN THIS LITIGATION 3 10.1 Application. The terms of this Stipulated Protective Order are pplicable to information 4 produced by a Non-Party in this Action and designated as Protected Material. Such information 5 produced by Non-Parties in connection with this litigation is protected by the remedies and relief 6 provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party 7 from seeking additional protections. 8 10.2 Notification. In the event that a Party is required, by a valid discovery request, to 9 produce a Non-Party’s Protected Material in its possession, and the Party is subject to an agreement 10 with the Non-Party not to produce the Non-Party’s Protected Material, then the Party shall: 11 a. promptly notify in writing the Requesting Party and the Non-Party that some or all of 12 the information requested is subject to a confidentiality agreement with a Non-Party; 13 b. make the information requested available for inspection by the Non-Party, if requested. 14 10.3 Conditions of Production. If the Non-Party fails to seek a protective order from this 15 court within 14 days of receiving the notice and accompanying information, the Receiving Party may 16 produce the Non-Party’s Protected Material responsive to the discovery request. If the Non-Party 17 timely seeks a protective order, the Receiving Party shall not produce any information in its possession 18 or control that is subject to the confidentiality agreement with the Non-Party before a determination by 19 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 20 seeking protection in this court of its Protected Material. 21 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise (including breach of the security 23 provisions set forth above), it has disclosed Protected Material to any person or in any circumstance 24 not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify 25 in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 26 unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized 27 disclosures were made of all the terms of this Order, and (d) request such person or persons to execute 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order abridges the right of 3 any person to seek its modification by the court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective 5 Order no Party waives any right it otherwise would have to object to disclosing or producing any 6 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party 7 waives any right to object on any ground to use in evidence of any of the material covered by this 8 Stipulated Protective Order. 9 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material 10 must comply with United States District Court Eastern District of California Local Rule 141.1(e). 11 Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the 12 specific Protected Material at issue. If a Party’s request to file Protected Material under seal is denied 13 by the court, then the Receiving Party may file the information in the public record unless otherwise 14 instructed by the court. 15 13. FINAL DISPOSITION 16 After the Final Disposition of this Action, as defined in paragraph 2.8, within 60 days of a 17 written request by the Designating Party, each Receiving Party must return all Protected Material to 18 the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” 19 includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing 20 any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving 21 Party must submit a written certification to the Producing Party (and, if not the same person or entity, 22 to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 23 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not 24 retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing 25 any of the Protected Material. 26 Notwithstanding this provision, Counsel is entitled to retain an archival copy of all pleadings, 27 motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition 1 if such materials contain Protected Material. Any such archival copies that contain or constitute 2 Protected Material remain subject to this Protective Order as set forth in Section 4. 3 14. PROTECTIVE ORDER REMAINS IN FORCE 4 This Protective Order shall remain in force and effect until modified, superseded, or terminated. 5 Unless otherwise ordered or agreed upon by the Parties, this Protective Order shall survive the 6 termination of this Action. The Court retains jurisdiction even after termination of this Action to 7 enforce this Protective Order and to make such amendments, modifications, deletions and additions to 8 this Protective Order as the Court may from time to time deem appropriate. 9 15. VIOLATION 10 Any violation of this Stipulated Protective Order may be punished by any and all appropriate 11 measures including, without limitation, contempt proceedings and/or monetary sanctions. 12 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 13 14 Dated: May 14, 2025 Respectfully submitted, 15 GREENBERG TRAURIG, LLP

16 By: /s/ Christopher S. Dodrill Robert J. Herrington 17 Christopher S. Dodrill (admitted pro hac vice) Jennifer C. Cooper 18 Attorneys for Defendant 19 Toyota Motor Sales, U.S.A., Inc. 20 Dated: May 14, 2025 21 LEMBERG LAW, LLC

22 By: /s/ Joshua Markovits Trinette G. Kent 23 Joshua Markovits Attorney for Plaintiffs 24

25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 Dated: ___________________ _________________________________ 27 Hon. Chi Soo Kim United States Magistrate Judge 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________________________ [print or type full name], of 3 __________________________________________________ [print or type full address], have read 4 and understand the Stipulated Protective Order (“Order”) that was issued by the United States District 5 Court for the Eastern District of California on ____________ [insert date] in the case of Arecely 6 Gamez, et al., v. Toyota Motor Sales, U.S.A, Inc., No. 2:23-cv-01464-DAD-CSK (E.D. Cal.). I agree 7 to comply with and to be bound by all the terms of the Order and I understand and acknowledge that 8 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 9 promise that I will not disclose in any manner any information or item that is subject to the Order to 10 any person or entity except in strict compliance with the provisions of this Order. In compliance with 11 this Order, I will not disclose in any manner any information or item that is subject to the Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 15 such enforcement proceedings occur after termination of this Action. I hereby appoint 16 ________________________________, [print or type full name], of 17 ___________________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of the Order. 20 I declare under penalty of perjury under the laws of the United States of America that the 21 foregoing is true and correct. Signed this ____ day of ________________, 20___, at 22 ____________________________________________ [insert city and state where sworn and signed]. 23

25 Signature:____________________________________

26 27