Limon v. Circle K Stores Inc.

Opinion

1 MARIA C. RODRIGUEZ (SBN 194201) mcrodriguez@mwe.com 2 CHRISTOPHER A. BRAHAM (SBN 293367) cbraham@mwe.com 3 MARJORIE C. SOTO (SBN 313290) mcsoto@mwe.com 4 MCDERMOTT WILL & EMERY LLP 2049 Century Park East 5 Suite 3200 Los Angeles, CA 90067-3206 6 Telephone: +1 310 277 4110 Facsimile: +1 310 277 4730 7 Attorneys for Defendant 8 CIRCLE K STORES, INC. Eric B. Kingsley, Esq. 9 Kelsey M. Szamet, Esq. KINGSLEY & KINGSLEY, APC 10 16133 Ventura Blvd., Suite 1200 Encino, CA 91436 11 Telephone: (818) 990-8300 Fax: (818) 990-2903 12 Emil Davtyan, Esq. 13 DAVTYAN PROFESSIONAL LAW CORPORATION 14 5959 Topanga Canyon Blvd., Suite 130 Woodland Hills, California 91367 15 Telephone: (818) 875-2008 Fax: (818) 722-3974 16 Attorneys for Plaintiff 17 ERNESTO LIMON

18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 FRESNO 21 22 ERNESTO LIMON, an individual, on CASE NO. 1:18-CV-01689-SKO behalf of himself and others similarly Hon. Sheila K. Oberto 23 situated, Plaintiff, 24 v. STIPULATED PROTECTIVE CIRCLE K STORES INC.; and DOES ORDER 25 1 thru 50, inclusive, Defendants. (Doc. 42) 26 Complaint Filed: December 11, 2018 27 28 1 1. A. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 may be warranted. Accordingly, the parties hereby stipulate to and petition the court 6 to enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to discovery 8 and that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. The parties further acknowledge, as set forth in Section 11 12.3, below, that this Stipulated Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 141 sets forth the procedures 13 that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. 15 B. COMPLIANCE WITH LOCAL RULE 141.1(c) 16 Pursuant to Rule 141.1(c)(1), this action is likely to involve confidential 17 business information such as company policies, processes, and trainings regarding 18 hiring, background checks, disciplinary actions, and terminations of employees. As a 19 result of this action, trade secrets, customer and pricing lists and other valuable 20 research, development, commercial, financial, technical and/or proprietary 21 information for which special protection from public disclosure and from use for any 22 purpose other than prosecution of this action is warranted. Because Plaintiff will be 23 seeking certification of a class of Defendant’s employees, this action is also likely to 24 involve confidential information of third party employees such as contact 25 information, dates of employment, positions, and other private and personnel 26 information that Defendant has an obligation to protect. 27 Pursuant to Rule 141.1(c)(2), there is a particularized need for the protection of 28 confidential and proprietary business information such as company policies, 1 processes, and trainings regarding employee hiring, background checks, disciplinary 2 actions, and terminations because companies are entitled to keep policies private as 3 they are integral to running a business with employees that span the State of 4 California and, possibly in some instances, across the nation. There is also a 5 particularized need for the protection of confidential and private third party personnel 6 information including, but not limited to, contact information, dates of employment, 7 and positions. These company policies and processes, as well as private personnel 8 information, implicate the privacy rights of third party employees who are not a party 9 to this action and who may have been involved in hiring, disciplinary action, or 10 termination by the company. Such confidential, private, and proprietary materials and 11 information is otherwise generally unavailable to the public, or which may be 12 privileged or otherwise protected from disclosure under state or federal statutes, court 13 rules, case decisions, or common law. 14 Pursuant to Rule 141.1(c)(3), the need for the protection of confidential and 15 proprietary materials that may be implicated in this action should be addressed by 16 court order, as opposed to a private agreement, in order to expedite the flow of 17 information, to facilitate the prompt resolution of disputes over confidentiality of 18 discovery materials, to adequately protect information the parties are entitled to keep 19 confidential, to ensure that the parties are permitted reasonable necessary uses of 20 such material in preparation for and in the conduct of trial, to address their handling 21 at the end of the litigation, and serve the ends of justice, a protective order for such 22 information is justified in this matter. Furthermore, the court should address the need 23 for protection as one party has a stronger interest to maintain confidential business 24 information while the other party may not have the same incentive. It is the intent of 25 the parties that information will not be designated as confidential for tactical reasons 26 and that nothing be so designated without a good faith belief that it has been 27 maintained in a confidential, non-public manner, and there is good cause why it 28 should not be part of the public record of this case. 1 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 2 SEAL 3 The parties further acknowledge, as set forth in Section 12.3, below, that this 4 Stipulated Protective Order does not entitle them to file confidential information 5 under seal; Local Civil Rule 141 sets forth the procedures that must be followed and 6 the standards that will be applied when a party seeks permission from the court to file 7 material under seal. 8 There is a strong presumption that the public has a right of access to judicial 9 proceedings and records in civil cases. In connection with non-dispositive motions, 10 good cause must be shown to support a filing under seal. See Kamakana v. City and 11 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 12 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 13 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 14 cause showing), and a specific showing of good cause or compelling reasons with 15 proper evidentiary support and legal justification, must be made with respect to 16 Protected Material that a party seeks to file under seal. The parties’ mere designation 17 of Disclosure or Discovery Material as CONFIDENTIAL does not— without the 18 submission of competent evidence by declaration, establishing that the material 19 sought to be filed under seal qualifies as confidential, privileged, or otherwise 20 protectable—constitute good cause. 21 Further, if a party requests sealing related to a dispositive motion or trial, then 22 compelling reasons, not only good cause, for the sealing must be shown, and the 23 relief sought shall be narrowly tailored to serve the specific interest to be protected. 24 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 25 item or type of information, document, or thing sought to be filed or introduced 26 under seal in connection with a dispositive motion or trial, the party seeking 27 protection must articulate compelling reasons, supported by specific facts and legal 28 justification, for the requested sealing order. Again, competent evidence supporting 1 the application to file documents under seal must be provided by declaration. Any 2 document that is not confidential, privileged, or otherwise protectable in its entirety 3 will not be filed under seal if the confidential portions can be redacted. If documents 4 can be redacted, then a redacted version for public viewing, omitting only the 5 confidential, privileged, or otherwise protectable portions of the document, shall be 6 filed. Any application that seeks to file documents under seal in their entirety should 7 include an explanation of why redaction is not feasible. 8 2. DEFINITIONS 9 2.1 Challenging Party: a Party or Non-Party that challenges the designation 10 of information or items under this Order. 11 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 12 how it is generated, stored or maintained) or tangible things that qualify for 13 protection under Federal Rule of Civil Procedure 26(c) including but not limited to 14 policies, processes, and trainings regarding employee hiring, background checks, 15 disciplinary actions, terminations, and private and confidential third party personnel 16 information including but not limited to contact information, dates of employment, 17 and positions. 18 2.3 Counsel (without qualifier): Outside Counsel of Record and House 19 Counsel (as well as their support staff). 20 2.4 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 2.5 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 2.6 Expert: a person with specialized knowledge or experience in a matter 28 pertinent to the litigation who has been retained by a Party or its counsel to serve as 1 an expert witness or as a consultant in this action. 2 2.7 House Counsel: attorneys who are employees of a party to this action. 3 House Counsel does not include Outside Counsel of Record or any other outside 4 counsel. 5 2.8 Non-Party: any natural person, partnership, corporation, association, or 6 other legal entity not named as a Party to this action. 7 2.9 Outside Counsel of Record: attorneys who are not employees of a party 8 to this action but are retained to represent or advise a party to this action and have 9 appeared in this action on behalf of that party or are affiliated with a law firm which 10 has appeared on behalf of that party. 11 2.10 Party: any party to this action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and their 13 support staffs). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support 17 services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.13 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL.” 22 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 23 from a Producing Party. 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 compilations of Protected Material; and (3) any testimony, conversations, or 1 presentations by Parties or their Counsel that might reveal Protected Material. 2 However, the protections conferred by this Stipulation and Order do not cover the 3 following information: (a) any information that is in the public domain at the time of 4 disclosure to a Receiving Party or becomes part of the public domain after its 5 disclosure to a Receiving Party as a result of publication not involving a violation of 6 this Order, including becoming part of the public record through trial or otherwise; 7 and (b) any information known to the Receiving Party prior to the disclosure or 8 obtained by the Receiving Party after the disclosure from a source who obtained the 9 information lawfully and under no obligation of confidentiality to the Designating 10 Party. Any use of Protected Material at trial shall be governed by a separate 11 agreement or order. 12 4. DURATION 13 Even after final disposition of this litigation, the confidentiality obligations 14 imposed by this Order shall remain in effect until a Designating Party agrees 15 otherwise in writing or a court order otherwise directs. Final disposition shall be 16 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 17 or without prejudice; and (2) final judgment herein after the completion and 18 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 19 including the time limits for filing any motions or applications for extension of time 20 pursuant to applicable law. 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items, or oral or written 27 communications that qualify – so that other portions of the material, documents, 28 items, or communications for which protection is not warranted are not swept 1 unjustifiably within the ambit of this Order. 2 Mass, indiscriminate, or routinized designations are prohibited. Designations 3 that are shown to be clearly unjustified or that have been made for an improper 4 purpose (e.g., to unnecessarily encumber or retard the case development process or to 5 impose unnecessary expenses and burdens on other parties) expose the Designating 6 Party to sanctions. 7 If it comes to a Designating Party’s attention that information or items that it 8 designated for protection do not qualify for protection, that Designating Party must 9 promptly notify all other Parties that it is withdrawing the mistaken designation. 10 5.2 Manner and Timing of Designations. Except as otherwise provided in 11 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 12 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 13 under this Order must be clearly so designated before the material is disclosed or 14 produced. 15 Designation in conformity with this Order requires: 16 (a) for information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 19 page that contains protected material. If only a portion or portions of the material on 20 a page qualifies for protection, the Producing Party also must clearly identify the 21 protected portion(s) (e.g., by making appropriate markings in the margins). A Party 22 or Non-Party that makes original documents or materials available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which material it would like copied and produced. During the inspection and before 25 the designation, all of the material made available for inspection shall be deemed 26 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 27 copied and produced, the Producing Party must determine which documents, or 28 portions thereof, qualify for protection under this Order. Then, before producing the 1 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend 2 to each page that contains Protected Material. If only a portion or portions of the 3 material on a page qualifies for protection, the Producing Party also must clearly 4 identify the protected portion(s) (e.g., by making appropriate markings in the 5 margins). 6 (b) for testimony given in deposition or in other pretrial or trial 7 proceedings, that the Designating Party identify on the record, before the close of the 8 deposition, hearing, or other proceeding, all protected testimony. 9 (c) for information produced in some form other than documentary 10 and for any other tangible items, that the Producing Party affix in a prominent place 11 on the exterior of the container or containers in which the information or item is 12 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 13 information or item warrant protection, the Producing Party, to the extent practicable, 14 shall identify the protected portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive the 17 Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time. Unless a prompt challenge to a 24 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 25 substantial unfairness, unnecessary economic burdens, or a significant disruption or 26 delay of the litigation, a Party does not waive its right to challenge a confidentiality 27 designation by electing not to mount a challenge promptly after the original 28 designation is disclosed. 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 251 et seq. 3 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 4 joint stipulation pursuant to Local Rule 251. 5 The burden of persuasion in any such challenge proceeding shall be on the 6 Designating Party. Frivolous challenges, and those made for an improper purpose 7 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 8 expose the Challenging Party to sanctions. Unless the Designating Party has waived 9 the confidentiality designation by failing to file a motion to retain confidentiality as 10 described above, all parties shall continue to afford the material in question the level 11 of protection to which it is entitled under the Producing Party’s designation until the 12 court rules on the challenge. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. A Receiving Party may use Protected Material that is 15 disclosed or produced by another Party or by a Non-Party in connection with this 16 case only for prosecuting, defending, or attempting to settle this litigation. Such 17 Protected Material may be disclosed only to the categories of persons and under the 18 conditions described in this Order. When the litigation has been terminated, a 19 Receiving Party must comply with the provisions of section 13 below (FINAL 20 DISPOSITION). 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Order. 24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 25 otherwise ordered by the court or permitted in writing by the Designating Party, a 26 Receiving Party may disclose any information or item designated 27 “CONFIDENTIAL” only to: 28 (a) the Receiving Party’s Outside Counsel of Record in this action, as 1 well as employees of said Outside Counsel of Record to whom it is reasonably 2 necessary to disclose the information for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 4 (b) the officers, directors, and employees (including House Counsel) 5 of the Receiving Party to whom disclosure is reasonably necessary for this litigation 6 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 7 A); 8 (c) Experts (as defined in this Order) of the Receiving Party to whom 9 disclosure is reasonably necessary for this litigation and who have signed the 10 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reporters and their staff, professional jury or trial 13 consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably 14 necessary for this litigation and who have signed the “Acknowledgment and 15 Agreement to Be Bound” (Exhibit A); 16 (f) during their depositions, witnesses in the action to whom 17 disclosure is reasonably necessary and who have signed the “Acknowledgment and 18 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 19 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 20 depositions that reveal Protected Material must be separately bound by the court 21 reporter and may not be disclosed to anyone except as permitted under this Stipulated 22 Protective Order. 23 (g) the author or recipient of a document containing the information 24 or a custodian or other person who otherwise possessed or knew the information. 25 26 27 28 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such 7 notification shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include a 11 copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material – and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this action to 21 disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by 25 a Non-Party in this action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. 1 (b) In the event that a Party is required, by a valid discovery request, 2 to produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the 6 Non-Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the 9 Stipulated Protective Order in this litigation, the relevant discovery request(s), and a 10 reasonably specific description of the information requested; and 11 (3) make the information requested available for inspection by 12 the Non-Party. 13 (c) If the Non-Party fails to object or seek a protective order from this 14 court within 14 days of receiving the notice and accompanying information, the 15 Receiving Party may produce the Non-Party’s confidential information responsive to 16 the discovery request. If the Non-Party timely seeks a protective order, the Receiving 17 Party shall not produce any information in its possession or control that is subject to 18 the confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 20 of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 28 1 and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order that provides for production without prior 10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 11 parties reach an agreement on the effect of disclosure of a communication or 12 information covered by the attorney-client privilege or work product protection, the 13 parties may incorporate their agreement in the stipulated protective order submitted 14 to the court. 15 12. MISCELLANEOUS 16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 17 person to seek its modification by the court in the future. 18 12.2 Right to Assert Other Objections. By stipulating to the entry of this 19 Protective Order no Party waives any right it otherwise would have to object to 20 disclosing or producing any information or item on any ground not addressed in this 21 Stipulated Protective Order. Similarly, no Party waives any right to object on any 22 ground to use in evidence of any of the material covered by this Protective Order. 23 12.3 Filing Protected Material. Without written permission from the 24 Designating Party or a court order secured after appropriate notice to all interested 25 persons, a Party may not file in the public record in this action any Protected 26 Material. A Party that seeks to file under seal any Protected Material must comply 27 with Civil Local Rule 141. Protected Material may only be filed under seal pursuant 28 to a court order authorizing the sealing of the specific Protected Material at issue. 1 Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request 2 establishing that the Protected Material at issue is privileged, protectable as a trade 3 secret, or otherwise entitled to protection under the law. If a Receiving Party's request 4 to file Protected Material under seal pursuant to Civil Local Rule 141(e) is denied by 5 the court, then the Receiving Party may file the information in the public record 6 unless otherwise instructed by the court. 7 13. FINAL DISPOSITION 8 Within 60 days after the final disposition of this action, as defined in paragraph 9 4, each Receiving Party must return all Protected Material to the Producing Party or 10 destroy such material. As used in this subdivision, “all Protected Material” includes 11 all copies, abstracts, compilations, summaries, and any other format reproducing or 12 capturing any of the Protected Material. Whether the Protected Material is returned 13 or destroyed, the Receiving Party must submit a written certification to the Producing 14 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 15 deadline that (1) identifies (by category, where appropriate) all the Protected Material 16 that was returned or destroyed and (2) affirms that the Receiving Party has not 17 retained any copies, abstracts, compilations, summaries or any other format 18 reproducing or capturing any of the Protected Material. Notwithstanding this 19 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 20 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 21 deposition and trial exhibits, expert reports, attorney work product, and consultant 22 and expert work product, even if such materials contain Protected Material. Any such 23 archival copies that contain or constitute Protected Material remain subject to this 24 Protective Order as set forth in Section 4 (DURATION). 25 14. VIOLATION 26 Any violation of this Order is punished by appropriate measures including, 27 without limitation, contempt proceedings and/or monetary sanctions. 28 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 1 2 DATED: January 24, 2020 /s/Kelsey M. Szamet (as authorized on January 16, 2020) 3 Attorneys for Plaintiff 4

5 DATED: January 24, 2020 /s/Marjorie C. Soto_____________________ 6 Attorneys for Defendant 7

9 ORDER 10

11 IT IS SO ORDERED. 12 Sheila K. Oberto 13 Dated: January 27, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ___________________, declare under penalty of perjury that I have read in 4 its entirety and understand the Stipulated Protective Order that was issued by the 5 United States District Court for the Central District of California on [date] in the case 6 of ERNESTO LIMON V. CIRCLE K STORES INC., Case No. 1:18-cv-01689-LJO- 7 SKO. I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject 11 to this Stipulated Protective Order to any person or entity except in strict compliance 12 with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court 14 for the Central District of California for the purpose of enforcing the terms of this 15 Stipulated Protective Order, even if such enforcement proceedings occur after 16 termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Stipulated Protective 21 Order.

22 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 26 27 28