Lorenzo Rivera v. Marriott International, Inc.

Opinion

Kevin Mahoney (SBN: 235367) 1 kmahoney@mahoney-law.net 2 MAHONEY LAW GROUP, APC 3 249 E. Ocean Blvd., Ste. 814 Long Beach, CA 90802 4 Telephone: (562) 590-5550/ Facsimile: (562) 590-8400

5 Attorneys for Plaintiff LORENZO RIVERA, as an individual and on behalf of all aggrieved employees (Additional Counsel listed on next page) 6

7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 8 Including Professional Corporations GREG S. LABATE, Cal. Bar No. 149918 9 glabate@sheppardmullin.com 650 Town Center Drive, 10th Floor 10 Costa Mesa, California 92626-1993 Telephone: 714.513.5100 11 Facsimile: 714.513.5130

12 Counsel for Defendant

13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 LORENZO RIVERA, Case No. 2:19-cv-05050-ODW-KS 16 Hon. Otis D. Wright II, Courtroom 5D Plaintiff, 17 STIPULATED PROTECTIVE ORDER1 v. 18 MARRIOTT INTERNATIONAL, INC. Action filed: April 24, 2019 19 and DOES 1 through 50, inclusive,

20 Defendant. 21 22

26 27 1 This Stipulated Protective Order is substantially based on the model protective order 28 provided under Magistrate Judge Karen L. Stevenson’s Procedures. Janelle Carney (Bar No. 201570) 1 JANELLE CARNEY-ATTORNEY AT LAW, APC 14758 Pipeline Ave., Suite E 2 Chino Hills, CA 91709-6025 Telephone: (909) 521-9609/ Facsimile: (909) 393-0471 3 E-mail: janelle@janellecarneylaw.com 4 Counsel for Plaintiff

5 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 6 A Limited Liability Partnership Including Professional Corporations 7 HILARY A. HABIB, Cal. Bar No. 293431 hhabib@sheppardmullin.com 8 BRYANNE J. LEWIS, Cal. Bar No. 311763 blewis@sheppardmullin.com 9 333 South Hope Street, 43rd Floor Los Angeles, California 90071-1422 10 Telephone: 213.620.1780 Facsimile: 213.620.1398 11 Attorneys for Defendants 12 MARRIOTT INTERNATIONAL, INC. and MARRIOTT HOTEL SERVICES, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve the exchange of non-publicly available 13 documents of a sensitive, confidential, and/or proprietary nature, including 14 financial, technical, and internal security information, and private information 15 concerning Marriott Hotel Services, Inc. (“Marriott”) current and former 16 employees. Special protection from public disclosure and from use for any purpose 17 18 other than prosecution of this action is warranted for these documents. Such 19 confidential and proprietary materials and information may consist of, among other 20 things, confidential business or financial information, personal information 21 regarding Marriott’s current and former hourly, non-exempt employees at its 22 Marina Del Rey location (including but not limited to, personnel records, 23 compensation, home addresses, home telephone numbers, and personal email 24 addresses), information regarding Marriott’s policies and procedures, and 25 information otherwise generally unavailable to the public, or which may be 26 privileged or otherwise protected from disclosure under state or federal statutes, 27 court rules, case decisions, or common law. 28 1 Accordingly, to expedite the flow of information, to facilitate the prompt 2 resolution of disputes over confidentiality of discovery materials, to adequately 3 protect information the parties are entitled to keep confidential, to ensure that the 4 parties are permitted reasonable necessary uses of such material in preparation for 5 and in the conduct of trial, to address their handling at the end of the litigation, and 6 serve the ends of justice, a protective order for such information is justified in this 7 matter. It is the intent of the parties that information will not be designated as 8 confidential for tactical reasons and that nothing be so designated without a good 9 faith belief that it has been maintained in a confidential, non-public manner, and 10 there is good cause why it should not be part of the public record of this case. 11 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER 12 SEAL 13 The parties further acknowledge, as set forth in Section 12.3, below, that this 14 Stipulated Protective Order does not entitle them to file confidential information 15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 16 and the standards that will be applied when a party seeks permission from the court 17 18 to file material under seal. 19 There is a strong presumption that the public has a right of access to judicial 20 proceedings and records in civil cases. In connection with non-dispositive motions, 21 good cause must be shown to support a filing under seal. See Kamakana v. City & 22 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 23 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 24 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 25 require good cause showing), and a specific showing of good cause or compelling 26 reasons with proper evidentiary support and legal justification, must be made with 27 respect to Protected Material that a party seeks to file under seal. The parties’ mere 28 designation of Disclosure or Discovery Material as CONFIDENTIAL or 1 ATTORNEYS’ EYES ONLY does not—without the submission of competent 2 evidence by declaration, establishing that the material sought to be filed under seal 3 qualifies as confidential, privileged, or otherwise protectable—constitute good 4 cause. 5 Further, if a party requests sealing related to a dispositive motion or trial, then 6 compelling reasons, not only good cause, for the sealing must be shown, and the 7 relief sought shall be narrowly tailored to serve the specific interest to be protected. 8 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 9 each item or type of information, document, or thing sought to be filed or introduced 10 under seal in connection with a dispositive motion or trial, the party seeking 11 protection must articulate compelling reasons, supported by specific facts and legal 12 justification, for the requested sealing order. Again, competent evidence supporting 13 the application to file documents under seal must be provided by declaration. 14 Any document that is not confidential, privileged, or otherwise protectable in 15 its entirety will not be filed under seal if the confidential portions can be redacted. 16 If documents can be redacted, then a redacted version for public viewing, omitting 17 18 only the confidential, privileged, or otherwise protectable portions of the document, 19 shall be filed. Any application that seeks to file documents under seal in their 20 entirety should include an explanation of why redaction is not feasible. 21 2. DEFINITIONS 22 2.1 Action: The above-entitled pending federal lawsuit. 23 2.2 “ATTORNEYS’ EYES ONLY” Information or Items: Information 24 (regardless of how it is generated, stored, or maintained) or tangible items that 25 contain corporate trade secrets, nonpublic research and development data, pricing 26 formulas, prospective inventory management programs, confidential business 27 information not generally known to the general public, and customer-related 28 information. 1 2.3 Challenging Party: A party or Non-Party that challenges the 2 designation of information or items under this Order. 3 2.4 “CONFIDENTIAL” Information or Items: Information (regardless of 4 how it is generated, stored, or maintained) or tangible things that qualify for 5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 6 the Good Cause Statement. 7 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 8 their support staff). 9 2.6 Designating Party: A Party or Non-Party that designates information 10 or items that it produces in disclosures or in responses to discovery as 11 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 12 2.7 Disclosure or Discovery Material: All items or information regardless 13 of the medium or manner in which it is generated, stored, or maintained (including, 14 among other things, testimony, transcripts, and tangible things), that are produced 15 or generated in disclosures or responses to discovery in this matter. 16 2.8 Expert: A person with specialized knowledge or experience in a matter 17 18 pertinent to the litigation who has been retained by a Party or its counsel to serve as 19 an expert witness or a consultant in this Action. 20 2.9 House Counsel: Attorneys who serve as general counsel for, or are 21 employees of, a party to this Action. House Counsel does not include Outside 22 Counsel of Record or any other outside counsel. 23 2.10 Non-Party: Any natural person, partnership, corporation, association, 24 or other legal entity not named as a Party to this Action. 25 2.11 Outside Counsel of Record: Attorneys who are not employees of a 26 Party to this Action but are retained to represent or advise a Party to this Action and 27 have appeared in this Action on behalf of that Party or are affiliated with a law firm 28 that has appeared on behalf of that Party, and includes support staff. 1 2.12 Party: Any party to this Action, including all of its officers, directors, 2 employees, consultants, retained experts, and Outside Counsel of Record (and their 3 support staffs). 4 2.13 Producing Party: A Party or Non-Party that produces Disclosure or 5 Discovery Material in this Action. 6 2.14 Professional Vendors: Persons or entities that provide litigation 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10 2.15 Protected Material: Any Disclosure or Discovery Material that is 11 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” 12 2.16 Receiving Party: A Party that receives Disclosure or Discovery 13 Material from a Producing Party. 14 3. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 18 extracted from Protected Material; (2) all copies, excerpts, summaries, or 19 compilations of Protected Material; and (3) any testimony, conversations, or 20 presentations by Parties or their Counsel that might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the 22 trial judge. This Order does not govern the use of Protected Material at trial. 23 4. DURATION 24 Once a case proceeds to trial, information that was designated as 25 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, or maintained pursuant to this 26 protective order and used or introduced as an exhibit at trial becomes public and 27 will be presumptively available to all members of the public, including the press, 28 unless compelling reasons supported by specific factual findings to proceed 1 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 2 F.3d at 1180-81 (distinguishing “good cause” showing for sealing documents 3 produced in discovery from “compelling reasons” standard when merits-related 4 documents are part of court record). Accordingly, the terms of this protective order 5 do not extend beyond the commencement of the trial, as to information used or 6 introduced as an exhibit at trial. 7 With respect to all other information designated as CONFIDENTIAL or 8 ATTORNEYS’ EYES ONLY, or maintained pursuant to this protective order, even 9 after final disposition of this litigation, the confidentiality obligations imposed by 10 this Order shall remain in effect until a Designating Party agrees otherwise in 11 writing or a court order otherwise directs. Final disposition shall be deemed to be 12 the later of (1) dismissal of all claims and defenses in this action, with or without 13 prejudice; and (2) final judgment herein after the completion and exhaustion of all 14 appeals, rehearings, remands, trials, or reviews of this action, including the time 15 limits for filing any motions or applications for extension of time pursuant to 16 applicable law. 17 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection 21 under this Order must take care to limit any such designation to specific material 22 that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items or oral or 24 written communications that qualify so that other portions of the material, 25 documents, items, or communications for which protection is not warranted are not 26 swept unjustifiably within the ambit of this Order. 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper 1 purpose (e.g., to unnecessarily encumber the case development process or to impose 2 unnecessary expenses and burdens on other parties) may expose the Designating 3 Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Designations. 8 Except as otherwise provided in this Order (see, e.g., second paragraph of 9 Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 10 Discovery Material that qualifies for protection under this Order must be clearly so 11 designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) For information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix at a minimum, the legend 16 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” (hereinafter 17 18 “CONFIDENTIAL legend” or “ATTORNEYS’ EYES ONLY legend”), to each 19 page that contains protected material. If only a portion of the material on a page 20 qualifies for protection, the Producing Party also must clearly identify the protected 21 portion(s) (e.g., by making appropriate markings in the margins). 22 A Party or Non-Party that makes original documents available for inspection 23 need not designate them for protection until after the inspecting Party has indicated 24 which documents it would like copied and produced. During the inspection and 25 before the designation, all of the material made available for inspection shall be 26 deemed either “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the 27 inspecting Party has identified the documents it wants copied and produced, the 28 Producing Party must determine which documents, or portions thereof, qualify for 1 protection under this Order. Then, before producing the specified documents, the 2 Producing Party must affix the “CONFIDENTIAL legend” or “ATTORNEYS’ 3 EYES ONLY legend” to each page that contains Protected Material. If only a 4 portion of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 in the margins). 7 (b) For testimony given in depositions, that the Designating Party identifies 8 the Disclosure or Discovery Material on the record, before the close of the 9 deposition, or in writing within ten business days after receipt of the final deposition 10 transcript, all protected testimony. 11 (c) For information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 exterior of the container or containers in which the information is stored the legend 14 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or 15 portions of the information warrants protection, the Producing Party, to the extent 16 practicable, shall identify the protected portion(s). 17 18 5.3 Inadvertent Failures to Designate. 19 If timely corrected, inadvertent failure to designate qualified information or 20 items does not, standing alone, waive the Designating Party’s right to secure 21 protection under this Order for such material. Upon timely correction of a 22 designation, the Receiving Party must make reasonable efforts to assure that the 23 material is treated in accordance with the provisions of this Order. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. 26 Any Party or Non-Party may challenge a designation of confidentiality at any 27 time that is consistent with the Court’s Scheduling Order. 28 1 2 6.2 Meet and Confer. 3 The Challenging Party shall initiate the dispute resolution process under 4 Local Rule 37.1, et seq. 5 6.3 The burden of persuasion in any such challenge proceeding shall be on 6 the Designating Party. Frivolous challenges, and those made for an improper 7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 8 parties) may expose the Challenging Party to sanctions. Unless the Designating 9 Party has waived or withdrawn the confidentiality designation, all parties shall 10 continue to afford the material in question the level of protection to which it is 11 entitled under the Producing Party’s designation until the Court rules on the 12 challenge. 13 7. ACCESS TO AND USE OF PROTECTED MATERIAL 14 7.1 Basic Principles. 15 A Receiving Party may use Protected Material that is disclosed or produced 16 by another Party or by a Non-Party in connection with this Action only for 17 18 prosecuting, defending, or attempting to settle this Action. Such Protected Material 19 may be disclosed only to the categories of persons and under the conditions 20 described in this Order. When the Action has been terminated, a Receiving Party 21 must comply with the provisions of Section 13 below (FINAL DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 26 Unless otherwise ordered by the court or permitted in writing by the 27 Designating Party, a Receiving Party may disclose any information or item 28 designated “CONFIDENTIAL” only to: 1 (a) The Named Parties to this action, including but not limited to, Outside 2 Counsel of Record, as well as employees of said Outside Counsel of Record, to 3 whom it is reasonably necessary to disclose the information for this Action; 4 (b) The officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) The court and its personnel; 10 (e) Court reporters and their staff; 11 (f) Professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) The author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) During their depositions, witnesses, and attorneys for witnesses, in the 17 18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they 20 will not be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 22 agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material may 24 be separately bound by the court reporter and may not be disclosed to anyone except 25 as permitted under this Stipulated Protective Order; 26 (i) Any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions; and 28 1 (j) Any 3rd party vendor agreed to by the Parties for mailing and/or 2 disbursing communications to Putative Class Members. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 4 IN OTHER LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation 6 that compels disclosure of any information or items designated in this Action as 7 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must: 8 (a) Promptly notify in writing the Designating Party. Such notification shall 9 include a copy of the subpoena or court order; 10 (b) Promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the 12 (c) Subpoena or order is subject to this Protective Order. Such notification 13 shall include a copy of this Stipulated Protective Order; and 14 (d) Cooperate with respect to all reasonable procedures sought to be pursued 15 by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served with 17 18 the subpoena or court order shall not produce any information designated in this 19 action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a 20 determination by the court from which the subpoena or order issued, unless the 21 Party has obtained the Designating Party’s permission. The Designating Party shall 22 bear the burden and expense of seeking protection in that court of its confidential 23 material and nothing in these provisions should be construed as authorizing or 24 encouraging a Receiving Party in this Action to disobey a lawful directive from 25 another court. 26 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 27 PRODUCED IN THIS LITIGATION 28 1 (a) The terms of this Order are applicable to information produced by a Non- 2 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’ 3 EYES ONLY.” Such information produced by Non-Parties in connection with this 4 litigation is protected by the remedies and relief provided by this Order. Nothing in 5 these provisions should be construed as prohibiting a Non-Party from seeking 6 additional protections. 7 (b) In the event that a Party is required, by a valid discovery request, to 8 produce a Non-Party’s confidential information in its possession, and the Party is 9 subject to an agreement with the Non-Party not to produce the Non-Party’s 10 confidential information, then the Party shall: 11 (1) Promptly notify in writing the Requesting Party and the Non-Party 12 that some or all of the information requested is subject to a confidentiality 13 agreement with a Non-Party; 14 (2) Promptly provide the Non-Party with a copy of the Stipulated 15 Protective Order in this Action, the relevant discovery request(s), and a reasonably 16 specific description of the information requested; and 17 18 (3) Make the information requested available for inspection by the 19 Non- Party, if requested. 20 (c) If the Non-Party fails to seek a protective order from this court within 14 21 days of receiving the notice and accompanying information, the Receiving Party 22 may produce the Non-Party’s confidential information responsive to the discovery 23 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 24 not produce any information in its possession or control that is subject to the 25 confidentiality agreement with the Non-Party before a determination by the court. 26 Absent a court order to the contrary, the Non-Party shall bear the burden and 27 expense of seeking protection in this court of its Protected Material. 28 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 7 or persons to whom unauthorized disclosures were made of all the terms of this 8 Order, and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTANT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 16 procedure may be established in an e-discovery order that provides for production 17 18 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 19 (e), insofar as the parties reach an agreement on the effect of disclosure of a 20 communication or information covered by the attorney-client privilege or work 21 product protection, the parties may incorporate their agreement in the stipulated 22 protective order submitted to the court. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. 25 Nothing in this Order abridges the right of any person to seek its modification 26 by the Court in the future. 27 12.2 Right to Assert Other Objections. 28 1 By stipulating to the entry of the Protective Order, no Party waives any right 2 it otherwise would have to object to disclosing or producing any information or item 3 on any ground not addressed in the Stipulated Protective Order. Similarly, no Party 4 waives any right to object on any ground to use in evidence of any of the material 5 covered by this Protective Order. 6 12.3 Filing Protected Material. 7 Without written permission from the Designating Party or a court order 8 secured after appropriate notice to all interested persons, a Party may not file in the 9 public record in this action any Protected Material. A Party that seeks to file under 10 seal any Protected Material must comply with Local Civil Rule 79-5. Protected 11 Material may only be filed under seal pursuant to a court order authorizing the 12 sealing of the specific Protected Material at issue. If a Party’s request to file 13 Protected Material under seal is denied by the court, then the Receiving Party may 14 file the information in the public record unless otherwise instructed by the court. 15 13. FINAL DISPOSITION 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 18 days of a written request by the Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in 20 this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the 22 Protected Material. Whether the Protected Material is returned or destroyed, the 23 Receiving Party must submit a written certification to the Producing Party (and, if 24 not the same person or entity, to the Designating Party) by the 60 day deadline that 25 (1) identifies (by category, where appropriate) all the Protected Material that was 26 returned or destroyed and (2) affirms that the Receiving Party has not retained any 27 copies, abstracts, compilations, summaries, or any other format reproducing or 28 capturing any of the Protected Material. Notwithstanding this provision, Counsel 1 entitled to retain an archival copy of all pleadings, motion papers, trial, 2 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3 |land trial exhibits, expert reports, attorney work product, and consultant and expert 4 || work product, even if such materials contain Protected Material. Any such archival ° copies that contain or constitute Protected Material remain subject to this Protective ° || Order as set forth in Section 4 (DURATION). VIOLATION 8 Any violation of this Order may be punished by appropriate measures 9 including, without limitation, contempt proceedings and/or monetary sanctions. 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 11 12 Dated: November 30, 2021 JANELLE CARNEY — ATTORNEY AT LAW, APC 8 MAHONEY LAW GROUP, APC 14 IS By: /s/ Janelle Carney 16 Janelle Carney, Attorney for Plaintiff 17 1g || Dated: November 30, 2021 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 19 20 By: /s/ Greg Labate GREG S. LABATE 21 Attorneys for Defendants 09 and MARRIOTT HOTEL SERVICES, INC. 23 24 || FOR GOOD CAUSE SHOWN, IT SO ORDERED. 25 26 27 || DATED: December 2, 2021 7 nen he ensensrn_ 38 Hon. Karen L. Stevenson United States Magistrate Judge -15- STIPULATED PROTECTIVE ORDER

1 EXHIBIT A 2 ACKNOWLEDMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], 4 of 5 6 [print or type full address], declare under penalty of perjury that I have read 7 in its entirety and understand the Stipulated Protective Order that was issued by the 8 United States District Court for the Central District of California on [date] in the 9 case of Rivera v. Marriott International, Inc., Case No. 2:19-cv-05050-ODW-KS. 10 I agree to comply with and to be bound by all the terms of this Stipulated Protective 11 Order and I understand and acknowledge that failure to so comply could expose me 12 to sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance with 15 the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court 17 18 for the Central District of California for enforcing the terms of this Stipulated 19 Protective Order, even if such enforcement proceedings occur after termination of 20 this action. 21 I hereby appoint [print or type full name] 22 of [print or type full address and telephone number] 23 as my California agent for service of process in connection with this action or any 24 proceedings related to enforcement of this Stipulated Protective Order. 25 Date: 26 City and State where sworn and signed: 27 Printed Name: 28 Signature: