Juan J. Chavez v. Huhtamaki, Inc.

Opinion

1 || SARAH E. ROSS, Bar No. 252206 TPSANDRIAM 2 . WITTE, Bar No. 273494 awitte@hittlercom 3 ittler Mendelson, P.C. 2049 Century Park East 4 || 5th Floor Los Angeles, CA 90067.3107 5 pelephone: 310-323-0308 Fax No.: 310.553.5583 6 Attorneys for Defendant 7 | HUHTAMAKI, INC. 8 | MOON & YANG, APC Kane Moon, Bar No. 249834 9 kane.moon@moonyanglaw.com . scott Leviant, Bar No. 4 10 scott leviant(@moonyanslaw.com ilit Ter-Astvatsatryan, Bar No. 320389 11 lilitt@moonyanglaw.com . Seventh St., Suite 1880 12 || Los Angeles, CA 90017 Tel: (213) 232-3128 13 |) Fax: (213) 232-3125 14 Attomeys for Plaintiff JUAN J. CHAVEZ 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 JUAN J. CHAVEZ, individually, Case No. 2:19-cv-05930-ODW-JEM 19 || and on behalf of all others similarly situated, ASSIGNED TO HONORABLE JUDGE 20 OTIS WRIGHT Plaintiff, 21 {Discovery Document: Referred to v. agistrate Judge John E. McDermott] 22 HUHTAMAKI, INC. a Kansas STIPULATION AND [PRGPESED}— 23 corporation: and DOES ! through PROTECTIVE ORDER 24 Defendant. Complaint Filed: June 5, 2019 25 Removed: July 10, 2019 26 27 28

1 Plaintiff JUAN J. CHAVEZ (‘Plaintiff’) on the one hand, and Defendant 2 | HUHTAMAKI, INC. (“Defendant” or “Huhtamaki’) on the other, by and through 3 || their respective counsel of record, herein AGREE and STIPULATE as follows: 4], 1. PURPOSES AND LIMITATIONS 5 Discovery in this action is likely to involve production of confidential, 6 || proprietary or private information for which special protection from public disclosure 7 || and from use for any purpose other than pursuing this litigation may be warranted. 8 || Accordingly, the parties hereby stipulate to and petition the Court to enter the 9 || following Stipulated Protective Order. The parties acknowledge that this Order does 10 |) not confer blanket protections on all disclosures or responses to discovery and that the 11 |} protection it affords from public disclosure and use extends only to the limited 12 || information or items that are entitled to confidential treatment under the applicable 13 || legal principles. 14 | 2. GOOD CAUSE STATEMENT 15 This is a putative class action involving third party putative class members’ 16 || private and confidential personal and employment information, including but not 17 || limited to, putative class members’ names, addresses, telephone numbers, social 18 || security numbers, personal identifiable information, dates of employment, job titles, 19 || employment personnel files, time punches, payroll data, financial information, and 20 || other private and confidential information for which special protection from public 21 |} disclosure and from use for any purpose other than prosecution of this action is 22 || warranted. Such confidential and private information is otherwise generally 23 || unavailable to the public and/or is privileged or otherwise protected from disclosure 24 || under state or federal statutes, court rules, case decisions, or common law. Disclosure 25 || of the foregoing confidential information to the public without proper protection will 26 || result in serious violation of privacy of third parties and may lead to misuse of such 27 || information. Accordingly, to expedite the flow of information, to facilitate the prompt 28 || resolution of disputes over confidentiality of discovery materials, to adequately 2. STIPULATION AND PROTECTIVE ORDER

1 || protect information the parties are entitled to keep confidential, to ensure that the 2 || parties are permitted reasonable necessary uses of such material in preparation for and 3 || in the conduct of trial, to address their handling at the end of the litigation, and serve 4 || the ends of justice, a protective order for such information is justified in this matter. It 5 || is the intent of the parties that information will not be designated as confidential for 6 || tactical reasons and that nothing be so designated without a good faith belief that it 7 || has been maintained in a confidential, non-public manner, and there is good cause 8 || why it should not be part 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 13.3, below, that this 11 |) Stipulated Protective Order does not entitle them to file confidential information under 12 || seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the 13 || standards that will be applied when a party seeks permission from the court to file 14 || material under seal. There is a strong presumption that the public has a right of access 15 || to judicial proceedings and records in civil cases. In connection with non-dispositive 16 || motions, good cause must be shown to support a filing under seal. See Kamakana v. 17 || City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 18 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon □□ Sony 19 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 20 || orders require good cause showing), and a specific showing of good cause or 21 || compelling reasons with proper evidentiary support and legal justification, must be 22 || made with respect to Protected Material that a party seeks to file under seal. The 23 || parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL 24 || does not—without the submission of competent evidence by declaration, establishing 25 || that the material sought to be filed under seal qualifies as confidential, privileged, or 26 || otherwise protectable—constitute good cause. 27 Further, if a party requests sealing related to a dispositive motion or trial, then 28 || compelling reasons, not only good cause, for the sealing must be shown, and the relief 3. STIPULATION AND PROTECTIVE ORDER

1 | sought shall be narrowly tailored to serve the specific interest to be protected. See 2 || Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 3 || item or type of information, document, or thing sought to be filed or introduced under 4 || seal, the party seeking protection must articulate compelling reasons, supported by 5 || specific facts and legal justification, for the requested sealing order. Again, competent 6 || evidence supporting the application to file documents under seal must be provided by 7 || declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in its 9 || entirety will not be filed under seal if the confidential portions can be redacted. If 10 || documents can be redacted, then a redacted version for public viewing, omitting only 11 || the confidential, privileged, or otherwise protectable portions of the document, shall 12 || be filed. Any application that seeks to file documents under seal in their entirety 13 || should include an explanation of why redaction is not feasible. 14 4. DEFINITIONS 15 4.1. Action: Juan J. Chavez v. Huhtamaki, Inc., Case No. 2:19-cv-05930- 16 || ODW-JEM. 17 4.2 Challenging Party: a Party or Non-Party that challenges the designation 18 || of information or items under this Order. 19 43 “CONFIDENTIAL” Information or Items: information (regardless of 20 || how 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 22 || Cause Statement. 23 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 24 || support staff). 25 4.5 Designating Party: a Party or Non-Party that designates information or 26 || items that it produces in disclosures or in responses to discovery as 27 || “CONFIDENTIAL.” 28 4.6 Disclosure or Discovery Material: all items or information, regardless of 4. STIPULATION AND PROTECTIVE ORDER

1 || the medium or manner in which it is generated, stored, or maintained (including, 2 || among other things, testimony, transcripts, and tangible things), that are produced or 3 || generated in disclosures or responses to discovery. 4 4.7 Expert: a person with specialized knowledge or experience in a matter 5 || pertinent to the litigation who has been retained by a Party or its counsel to serve as an 6 || expert witness or as a consultant in this Action. 7 4.8 “Huhtamaki Employee Information” means all information that is 8 || provided by Huhtamaki to Plaintiff's Counsel that identifies or can be used to identify 9 || a particular individual, including without limitation, names, addresses, phone 10 || numbers, email addresses, employee numbers, and social security numbers. Unless 11 || otherwise designated as “Confidential,” Huhtamaki Employee Information does not 12 || include information provided by Huhtamaki regarding Plaintiff Juan J. Chavez. 13 4.9 House Counsel: attorneys who are employees of a party to this Action. 14 || House Counsel does not include Outside Counsel of Record or any other outside 15 j| counsel. 16 4.10 Non-Party: any natural person, partnership, corporation, association or 17 || other legal entity not named as a Party to this action. 18 4.11 Outside Counsel of Record: attorneys who are not employees of a party 19 || to this Action but are retained to represent a party to this Action and have appeared in 20 || this Action on behalf of that party or are affiliated with a law firm that has appeared 21 || on behalf of that party, and includes support staff. 22 4.12 Party: any party to this Action, including all of its officers, directors, 23 |} employees, consultants, retained experts, and Outside Counsel of Record (and their 24 || support staffs). 25 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 26 || Discovery Material in this Action. 27 4.14 Professional Vendors: persons or entities that provide litigation support 28 || services (e.g., photocopying, videotaping, translating, preparing exhibits or 5. STIPULATION AND PROTECTIVE ORDER

1 || demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 || and their employees and subcontractors. 3 4.15 Protected Material: any Disclosure or Discovery Material that is 4 || designated as “CONFIDENTIAL.” 5 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 6 || from a Producing Party. 7 5. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 || Protected Material (as defined above), but also (1) any information copied or extracted 10 || from Protected Material; (2) all copies, excerpts, summaries, or compilations of 11 || Protected Material; and (3) any testimony, conversations, or presentations by Parties 12 || or their Counsel that might reveal Protected Material. 13 Any use of Protected Material at trial shall be governed by the orders of the trial 14 || judge and other applicable authorities. This Order does not govern the use of Protected 15 || Material at trial. 16 6. | DESIGNATING PROTECTED MATERIAL 17 6.1 Manner and Timing of Designations. Except as otherwise provided in 18 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 19 || qualifies for protection under this Order must be clearly so designated before the || material is disclosed or produced. 21 Designation in conformity with this Order requires: 22 (a) for information in documentary form (e.g., paper or electronic 23 || documents, but excluding transcripts of depositions or other pretrial or trial 24 || proceedings), that the Producing Party affix at a minimum, the legend 25 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’), to each page that 26 || contains protected material. If only a portion of the material on a page qualifies for 27 || protection, the Producing Party also must clearly identify the protected portion(s) 28 || (e.g., by making appropriate markings in the margins). 6. STIPULATION AND PROTECTIVE ORDER

1 A Party or Non-Party that makes original documents available for inspection 2 || need not designate them for protection until after the inspecting Party has indicated 3 || which documents it would like copied and produced. During the inspection and before 4 || the designation, all of the material made available for inspection shall be deemed 5 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 6 || copied and produced, the Producing Party must determine which documents, or 7 || portions thereof, qualify for protection under this Order. Then, before producing the 8 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend” 9 || to each page that contains Protected Material. If only a portion of the material on a 10 || page qualifies for protection, the Producing Party also must clearly identify the 11 || protected portion(s) (e.g., by making appropriate markings in the margins). 12 (b) for testimony given in depositions that the Designating Party 13 || identifies the Disclosure or Discovery Material on the record, before the close of the 14 || deposition all protected testimony. 15 (c) for information produced in some form other than documentary and 16 || for any other tangible items, that the Producing Party affix in a prominent place on the 17 || exterior of the container or containers in which the information is stored the legend 18 || “CONFIDENTIAL.” If only a portion or portions of the information warrants 19 || protection, the Producing Party, to the extent practicable, shall identify the protected 20 || portion(s). 21 6.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 || failure to designate qualified information or items does not, standing alone, waive the 23 || Designating Party’s right to secure protection under this Order for such material. 24 || Upon timely correction of a designation, the Receiving Party must make reasonable 25 || efforts to assure that the material is treated in accordance with the provisions of this 26 || Order. 27 28 Po a0 7. STIPULATION AND PROTECTIVE ORDER

1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 7.1. Timing of Challenges. Any Party or Non-Party may challenge a 3 || designation of confidentiality at any time that is consistent with the Court’s 4 || Scheduling Order. 5 7.2 Meet_and Confer. The Challenging Party shall initiate the dispute 6 |} resolution process under Local Rule 37-1 et seq. 7 7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 8 || joint stipulation pursuant to Local Rule 37-2. 9 7.4 The burden of persuasion in any such challenge proceeding shall be on 10 || the Designating Party. Frivolous challenges, and those made for an improper purpose 11 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 12 || expose the Challenging Party to sanctions. Unless the Designating Party has waived or 13 || withdrawn the confidentiality designation, all parties shall continue to afford the 14 || material in question the level of protection to which it is entitled under the Producing 15 || Party’s designation until the Court rules on the challenge. 16 8. ACCESS TO AND USE OF PROTECTED MATERIAL 17 8.1 Basic Principles. A Receiving Party may use Protected Material that is 18 || disclosed or produced by another Party or by a Non-Party in connection with this 19 || Action only for prosecuting, defending or attempting to settle this Action. Such 20 || Protected Material may be disclosed only to the categories of persons and under the 21 || conditions described in this Order. When the Action has been terminated, a Receiving 22 || Party must comply with the provisions of section 14 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 || location and in a secure manner that ensures that access is limited to the persons 25 |) authorized under this Order. 26 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 || otherwise ordered by the court or permitted in writing by the Designating Party, a 28 || Receiving Party may disclose any information or item designated “CONFIDENTIAL” 8. STIPULATION AND PROTECTIVE ORDER

1 || only to: 2 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 3 || well as employees of said Outside Counsel of Record to whom it is reasonably 4 || necessary to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of 6 || the Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 || disclosure is reasonably necessary for this Action and who have signed the 9 || “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff; 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) the author or recipient of a document containing the information or a 16 || custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the 18 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 20 || not be permitted to keep any confidential information unless they sign the 21 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 22 || by the Designating Party or ordered by the court. Pages of transcribed deposition 23 || testimony or exhibits to depositions that reveal Protected Material may be separately 24 || bound by the court reporter and may not be disclosed to anyone except as permitted 25 || under this Stipulated Protective Order; and 26 (i) any mediators or settlement officers and their supporting personnel, 27 || mutually agreed upon by any of the parties engaged in settlement discussions. 28 8.3 Protection and Use of Huhtamaki Employee Information. 9. STIPULATION AND PROTECTIVE ORDER

1 (a) At all times, Plaintiff's Counsel have, and will maintain for as long as 2 || they access, process, store or transmit Huhtamaki Employee Information, a 3 || comprehensive, written information security program that complies with applicable 4 || law and industry best practices. The security program will apply to all locations, 5 || systems, devices and equipment used by Plaintiff or Plaintiff's Counsel to access, 6 || process, store, or transmit Huhtamaki Employee Information (‘Plaintiff's Counsel’s 7 || Systems”), and it will include physical, administrative, and technical security controls 8 || that prevent unauthorized access to, disclosure of, loss of, or use of the Plaintiffs 9 || Counsel’s Systems and the Huhtamaki Employee Information that those Plaintiffs 10 || Counsel’s Systems process, store, or transmit. In the event that Plaintiff or Plaintiff's 11 |} Counsel suspect that any Plaintiff's Counsel’s Systems or Huhtamaki Employee 12 || Information that the Plaintiff's Counsel’s Systems, the Plaintiff or the Plaintiffs 13 || Counsel processes, stores, or transmits is subject to any suspected or actual 14 || unauthorized access, use, or disclosure, Plaintiff's Counsel will immediately notify 15 || Huhtamaki’s Counsel, Littler Mendelson, P.C., c/o Sarah E. Ross and Alexandria M. 16 || Witte, by telephone and writing. Plaintiff and Plaintiff's Counsel shall use Huhtamaki 17 || Employee Information only to the extent necessary in this lawsuit, shall securely 18 || delete Huhtamaki Employee Information upon conclusion of the Proceeding or as 19 || required by law, and shall not disclose Huhtamaki Employee Information to any third 20 || party, including to Plaintiff. Plaintiff's Counsel will also be responsible for ensuring 21 || that any vendors, subcontractors or third parties retained by Plaintiff or Plaintiffs 22 || Counsel that have access to any Huhtamaki Employee Information have security 23 || programs that meet the same requirements as set forth in this paragraph. 24 (b) To further ensure that Huhtamaki Employee Information is 25 || adequately protected, the Parties agree to follow the notice process sanctioned by the 26 || Federal District Court in York v. Starbucks Corp., 2009 U.S. Dist. LEXIS 92274, 2009 27 || WL 3177605 (C.D. Cal. June 30, 2009). The Parties agree that, at the outset of 28 || Plaintiff's Counsel’s (or their designees’) first contact with each current or former 10. STIPULATION AND PROTECTIVE ORDER

1 || Huhtamaki employee whose contact information is provided by Huhtamaki through 2 || discovery in this litigation, Plaintiff's Counsel (or their designees) will inform each 3 || contacted individual that (a) the decision whether to talk with Plaintiffs Counsel is 4 || voluntary and the individual has the right not to talk with Plaintiff's Counsel (or their 5 || designees) and (b) that, if he or she elects not to talk to Plaintiff's Counsel (or their 6 || designees), Plaintiff's Counsel (or their designees) will terminate the contact and not 7 || contact them again. 8 Plaintiff's Counsel (or their designees) will also inform each individual that his 9 || or her refusal to speak with counsel will not prejudice his or her rights in any way. 10 Plaintiff's Counsel (or their designees) will keep a list of all individuals 11 || contacted and all individuals who make it known that they do not want to be contacted 12 || and preserve that list for the Court. In addition, Plaintiff's Counsel agrees that 13 || Huhtamaki Employee Information will be used only for purposes of this Proceeding 14 |} and will not be disseminated to anyone not necessary to the prosecution of this case. 15 9. PROTECTED MATERIAL _SUBPOENAED OR _ ORDERED 16 PRODUCED IN OTHER LITIGATION 17 If a Party is served with a subpoena or a court order issued in other litigation 18 || that compels disclosure of any information or items designated in this Action as 19 | “CONFIDENTIAL,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such notification 21 || shall include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena or order 23 || to issue in the other litigation that some or all of the material covered by the subpoena 24 || or order is subject to this Protective Order. Such notification shall include a copy of 25 || this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to be 27 || pursued by the Designating Party whose Protected Material may be affected. If the 28 || Designating Party timely seeks a protective order, the Party served with the subpoena 11. STIPULATION AND PROTECTIVE ORDER

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

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

1 13. MISCELLANEOUS 2 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 || person to seek its modification by the Court in the future. 4 13.2 Right to Assert Other Objections. By stipulating to the entry of this 5 || Protective Order, no Party waives any right it otherwise would have to object to 6 || disclosing or producing any information or item on any ground not addressed in this 7 || Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 || ground to use in evidence of any of the material covered by this Protective Order. 9 13.3. Filing Protected Material. A Party that seeks to file under seal any 10 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may 11 | only be filed under seal pursuant to a court order authorizing the sealing of the 12 || specific Protected Material. If a Party’s request to file Protected Material under seal is 13 || denied by the court, then the Receiving Party may file the information in the public 14 || record unless otherwise instructed by the court. 15 14. FINAL DISPOSITION 16 After the final disposition of this Action, within 60 days of a written request by 17 || the Designating Party, each Receiving Party must return all Protected Material to the 18 || Producing Party or destroy such material. As used in this subdivision, “all Protected 19 || Material” includes all copies, abstracts, compilations, summaries, and any other 20 || format reproducing or capturing any of the Protected Material. Whether the Protected 21 || Material is returned or destroyed, the Receiving Party must submit a written 22 || certification to the Producing Party (and, if not the same person or entity, to the 23 || Designating Party) by the 60-day deadline that (1) identifies (by category, where 24 || appropriate) all the Protected Material that was returned or destroyed and (2) affirms 25 || that the Receiving Party has not retained any copies, abstracts, compilations, 26 || summaries or any other format reproducing or capturing any of the Protected Material. 27 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 28 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 14. STIPULATION AND PROTECTIVE ORDER

1 || correspondence, deposition and trial exhibits, expert reports, attorney work product, 2 || and consultant and expert work product, even if such materials contain Protected 3 || Material. Any such archival copies that contain or constitute Protected Material 4 || remain subject to this Protective Order. 5 15. VIOLATION 6 Any violation of this Order may be punished by appropriate measures 7 || including, without limitation, contempt proceedings and/or monetary sanctions. 8 9 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 Dated: November 13, 2019 LITTLER MENDELSON, P.C.

12 /s/ Alexandria M. Witte 13 SARAHE.ROSS”~ 4 ALEXANDRIA M. WITTE Attorneys for Defendant 15 HUHTAMAKI, INC. 16 17 ig Dated: November 13, 2019 MOON & YANG, APC

19 /s/ Lilit Ter-Astvatsatryan H. SCOTT LEVIANT 21 LILIT TER-ASTVATSATRYAN 22 Attomeys for Plaintiff 33 JUAN J. CHAVEZ

24 25 26 27 28 15. STIPULATION AND PROTECTIVE ORDER

1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3] patep: Mov. (4, olf

Hgnp rable John E. McDermott 6 NYTED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. STIPULATION AND PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am 5 || about to receive Protected Material supplied in connection with the Action: Juan J. 6 || Chavez v. Huhtamaki, Inc.,, Case No. 2:19-cv-05930-ODW-JEM. I understand that 7 || said Protected Material is provided to me subject to the terms and restrictions of the 8 || Stipulated Protective Order filed in this Action. I have been given a copy of the 9 || Stipulated Protective Order; I have read it; and, I agree to be bound by its terms. I 10 || understand that Protected Material as defined in the Stipulated Protective Order, 11 || including any notes or other records that may be made regarding any such materials, 12 || shall not be disclosed to anyone, except as expressly permitted by the Stipulated 13 || Protective Order. I will not copy or use, except solely for the purposes of this Action, 14 || any Protected Material obtained pursuant to the Stipulated Protective Order, except as 15 || provided therein or otherwise ordered by the Court in the Action. I further understand 16 || that I am to retain all copies of all Protected Material provided to me in a secure 17 || manner, and that all copies of such Protected Material are to remain in my personal 18 || custody and control until termination of my participation in this Action, whereupon 19 || the copies of such Materials will be returned to counsel who provided me with such 20 || Material. Dated: Sguauge 22 3 Print Name

24 Title 25 Address s—s— City, State, Zip 27 __ □ 38 Telephone Number