Manuel Andrade v. Beacon Sales Acquisition, Inc.

Opinion

1 || Joshua Cohen Slatkin (SBN 285090) LAW OFFICE OF JOSHUA COHEN SLATKIN 2 || 11726 San Vicente Blvd., Suite 200 Los Angeles, CA 90049 3 || Telephone: (310)627-2699 Facsimile: (310) 943-2757 4 Email: jcohenslatkin @jcslaw4you.com 5 || Arnab Banerjee (SBN 252618) BANNER LAW GROUP, P.C. 6 || 11755 Wilshire Blvd., Suite 1250 Los Angeles, California 90025 7 || Email: Arnab@bannerlawgroup.com Telephone: (323) 426-2991 8 || Facsimile: (323) 426-2975 9 || Attorneys for Plaintiff MANUEL ANDRADE 10 || KARIN M. COGBILL, Bar No. 244606 kcogbill@ hopkinscarley.com 11 || HOPKINS & CARLEY A Law Corporation 12 || The Letitia Building 70 S First Street 13 || San Jose, CA 95113-2406 14 || mailing address: P.O. Box 1469 15 San Jose, CA 95109-1469 Telephone: (408) 286-9800 16 || Facsimile: (408) 998-4790 17 || Attorneys for Defendants BEACON SALES ACQUISITION, INC.; BEACON 18 || ROOFING SUPPLY, INC. 19 UNITED STATES DISTRICT COURT 20 CENTRAL DISTRICT OF CALIFORNIA 21 MANUEL ANDRADE, on behalf of Case No. 2:19-cv-06963-CJC (RAOx) 22 || himself and all others similarly situated, [PROPOSED] STIPULATED 23 Plaintiff, PROTECTIVE ORDER 24 Vv. 2) | BEACON SALES ACQUISITION, INC.; BEACON ROOFING SUPPLY, INC.; and gd. 26 DOES 1 through 50, inclusive, Complaint filed: March 26, 2019 27 Defendants. 28 Case No. 2:19-cv-06963-CJC (RAOx)

1] 1. A. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, proprietary, or private 3 || information for which special protection from public disclosure and from use for any purpose other 4 || than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and 5 || petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this 6 || Order does not confer blanket protections on all disclosures or responses to discovery and that the 7 || protection it affords from public disclosure and use extends only to the limited information or items 8 || that are entitled to confidential treatment under the applicable legal principles. The parties further 9 || acknowledge, as set forth in Paragraph 12.3, below, that this Stipulated Protective Order does not 10 || entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 11 || that must be followed and the standards that will be applied when a party seeks permission from the 12 || court to file material under seal. 14 This action involves allegations that third party employees were subjected to various Labor 15 || Code violations. The claims implicate potentially confidential information (including information 16 || implicating privacy rights of third parties), information otherwise generally unavailable to the public, 17 || or which may be privileged or otherwise protected from disclosure under state or federal statutes, court 18 || rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate 19 || the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect 20 || information the parties are entitled to keep confidential, to ensure that the parties are permitted 21 || reasonable necessary uses of such material in preparation for and in the conduct of trial, to address 22 || their handling at the end of the litigation, and serve the ends of justice, a protective order for such 23 || information is justified in this matter. It is the intent of the parties that information will not be 24 || designated as confidential for tactical reasons and that nothing be so designated without a good faith 25 || belief that it has been maintained in a confidential, non-public manner, and there is good cause why it 26 || should not be part of the public record of this case. 27 2. DEFINITIONS 28 at 1. Case No. 2:19-cv-06963-CJC (RAOx)

1 2.1 Action: Andrade v. Beacon Sales Acquisition, Inc., et al., pending in the Central District 2 || of California, Case No. 2:19-cv-06963-CJC (RAOx). 3 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information 4 || or items under this Order. 5 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 6 || generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 7 || Civil Procedure 26(c), and as specified above in the Good Cause Statement. 8 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 9 2.5 Designating Party: a Party or Non-Party that designates information or items that it 10 || produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 11 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium 12 || or manner in which it is generated, stored, or maintained (including, among other things, testimony, 13 || transcripts, and tangible things), that are produced or generated in disclosures or responses to 14 || discovery in this matter. 15 2.7. Expert: a person with specialized knowledge or experience in a matter pertinent to the 16 || litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant 17 || in this Action. 18 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel 19 || does not include Outside Counsel of Record or any other outside counsel. 20 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 21 || entity not named as a Party to this action. 22 2.10 Qutside Counsel of Record: attorneys who are not employees of a party to this Action 23 || but are retained to represent or advise a party to this Action and have appeared in this Action on behalf 24 || of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes 25 || support staff. 26 2.11 Party: any party to this Action, including all of its officers, directors, employees, 27 || consultants, retained experts, and Outside Counsel of Record (and their support staffs). 28 at 2. Case No. 2:19-cv-06963-CJC (RAOx)

1 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 2 || in this Action. 3 2.13. Professional Vendors: persons or entities that provide litigation support services (e.g., 4 || photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, 5 || or retrieving data in any form or medium) and their employees and subcontractors. 6 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 7 || “CONFIDENTIAL.” 8 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 9 || Producing Party. 10 3. SCOPE 11 The protections conferred by this Stipulation and Order cover not only Protected Material (as 12 || defined above), but also (1) any information copied or extracted from Protected Material; (2) all 13 || copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 14 || conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This 16 || Order does not govern the use of Protected Material at trial 17 4, DURATION 18 Once a case proceeds to trial, all of the court-filed information to be introduced that was 19 || previously designated as confidential or maintained pursuant to this protective order becomes public 20 || and will be presumptively available to all members of the public, including the press, unless 21 || compelling reasons supported by specific factual findings to proceed otherwise are made to the trial 22 || judge in advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-81 23 || (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery 24 || from “compelling reasons” standard when merits-related documents are part of court record). 25 || Accordingly, the terms of this protective order do not extend beyond the commencement of the trial. 26 Even after final disposition of this litigation, the confidentiality obligations imposed by this 27 || Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 28 || otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and at 3. Case No. 2:19-cv-06963-CJC (RAOx)

1 || defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion 2 || and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, including the time 3 || limits for filing any motions or applications for extension of time pursuant to applicable law. 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 6 || Non-Party that designates information or items for protection under this Order must take care to limit 7 || any such designation to specific material that qualifies under the appropriate standards. The 8 || Designating Party must designate for protection only those parts of material, documents, items, or oral 9 || or written communications that qualify so that other portions of the material, documents, items, or 10 || communications for which protection is not warranted are not swept unjustifiably within the ambit of 11 || this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 13 || to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 14 || encumber the case development process or to impose unnecessary expenses and burdens on other 15 || parties) may expose the Designating Party to sanctions. 16 If it comes to a Designating Party’s attention that information or items that it designated for 17 || protection do not qualify for protection, that Designating Party must promptly notify all other Parties 18 || that it is withdrawing the inapplicable designation. 19 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 20 || e.g., second paragraph of Paragraph 5.2(a) below), or as otherwise stipulated or ordered, Disclosure 21 || or Discovery Material that qualifies for protection under this Order must be clearly so designated 22 || before the material is disclosed or produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic documents, but 25 || excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 26 || affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each 27 || page that contains protected material. If only a portion or portions of the material on a page qualifies 28 at 4, Case No. 2:19-cv-06963-CJC (RAOx)

1 || for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 2 || appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection need not 4 || designate them for protection until after the inspecting Party has indicated which documents it would 5 || like copied and produced. During the inspection and before the designation, all of the material made 6 || available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified 7 || the documents it wants copied and produced, the Producing Party must determine which documents, 8 || or portions thereof, qualify for protection under this Order. Then, before producing the specified 9 || documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains 10 || Protected Material. If only a portion or portions of the material on a page qualifies for protection, the 11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 || markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identify the Disclosure or 14 || Discovery Material on the record, before the close of the deposition. 15 (c) for information produced in some form other than documentary and for any other 16 || tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 17 || containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or 18 || portions of the information warrants protection, the Producing Party, to the extent practicable, shall 19 || identify the protected portion(s). 20 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 21 || designate qualified information or items does not, standing alone, waive the Designating Party’s right 22 || to secure protection under this Order for such material. Upon timely correction of a designation, the 23 || Receiving Party must make reasonable efforts to assure that the material is treated in accordance with 24 || the provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 27 || confidentiality at any time that is consistent with the Court’s Scheduling Order. 28 at 5. Case No. 2:19-cv-06963-CJC (RAOx)

1 6.2 Meet and Confer, The Challenging Party shall initiate the dispute resolution process 2 || under Local Rule 37-1 et seq. 3 6.3 Burden. The burden of persuasion in any such challenge proceeding shall be on the 4 || Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or 5 || impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to 6 || sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all 7 || parties shall continue to afford the material in question the level of protection to which it is entitled 8 || under the Producing Party’s designation until the Court rules on the challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 71 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 11 || produced by another Party or by a Non-Party in connection with this Action only for prosecuting, 12 || defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the 13 || categories of persons and under the conditions described in this Order. When the Action has been 14 || terminated, a Receiving Party must comply with the provisions of Paragraph 13 below (FINAL 15 || DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a location and in a 17 || secure manner that ensures that access is limited to the persons authorized under this Order. 18 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by 19 || the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 20 || information or item designated “CONFIDENTIAL” only to: 21 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees 22 || of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 23 || this Action; 24 (b) the officers, directors, and employees (including House Counsel) of the Receiving 25 || Party to whom disclosure is reasonably necessary for this Action; 26 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 27 || reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to 28 || Be Bound” (Exhibit A); at 6. Case No. 2:19-cv-06963-CJC (RAOx)

1 (d) the court and its personnel; 2 (e) court reporters and their staff; 3 (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom 4 || disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 5 || Agreement to Be Bound” (Exhibit A); 6 (g) the author or recipient of a document containing the information or a custodian or other 7 || person who otherwise possessed or knew the information; 8 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom 9 || disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the 10 || form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential 11 || information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 12 || otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition 13 || testimony or exhibits to depositions that reveal Protected Material may be separately bound by the 14 || court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective 15 || Order; and 16 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed 17 || upon by any of the parties engaged in settlement discussions. 18 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED _ IN 19 || OTHER LITIGATION 20 If a Party is served with a subpoena or a court order issued in other litigation that compels 21 || disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party 22 || must: 23 (a) promptly notify in writing the Designating Party. Such notification shall include a copy 24 || of the subpoena or court order; 25 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 26 || other litigation that some or all of the material covered by the subpoena or order is subject to this 27 || Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 28 at 7. Case No. 2:19-cv-06963-CJC (RAOx)

1 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 2 || Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a 3 || protective order, the Party served with the subpoena or court order shall not produce any information 4 || designated in this action as “CONFIDENTIAL” before a determination by the court from which the 5 || subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The 6 || Designating Party shall bear the burden and expense of seeking protection in that court of its 7 || confidential material and nothing in these provisions should be construed as authorizing or 8 || encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 10 || THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced by a Non-Party in this 12 || Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 13 || connection with this litigation is protected by the remedies and relief provided by this Order. Nothing 14 || in these provisions should be construed as prohibiting a Non-Party from seeking additional 15 || protections. 16 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 17 || Party’s confidential information in its possession, and the Party is subject to an agreement with the 18 || Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 19 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of 20 || the information requested is subject to a confidentiality agreement with a Non-Party; 21 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this 22 || Action, the relevant discovery request(s), and a reasonably specific description of the information 23 || requested; and 24 (3) make the information requested available for inspection by the Non-Party, if requested. 25 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 26 || receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s 27 || confidential information responsive to the discovery request. If the Non-Party timely seeks a protective 28 || order, the Receiving Party shall not produce any information in its possession or control that is subject at 8. Case No. 2:19-cv-06963-CJC (RAOx)

1 || to the confidentiality agreement with the Non-Party before a determination by the court. Absent a 2 || court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in 3 || this court of its Protected Material. 4 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 || Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 7 || the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 8 || disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 9 || inform the person or persons to whom unauthorized disclosures were made of all the terms of this 10 || Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 11 || Bound” that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 || PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 15 || material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 16 || are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 17 || modify whatever procedure may be established in an e-discovery order that provides for production 18 || without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 19 || parties reach an agreement on the effect of disclosure of a communication or information covered by 20 || the attorney-client privilege or work product protection, the parties may incorporate their agreement 21 || in the stipulated protective order submitted to the court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 24 || its modification by the Court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 26 || no Party waives any right it otherwise would have to object to disclosing or producing any information 27 || or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives 28 at 9. Case No. 2:19-cv-06963-CJC (RAOx)

1 || any right to object on any ground to use in evidence of any of the material covered by this Protective 2 || Order. 3 12.3. Filing Protected Material. A Party that seeks to file under seal any Protected Material 4 || must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to 5 || acourt order authorizing the sealing of the specific Protected Material at issue. If a Party's request to 6 || file Protected Material under seal is denied by the court, then the Receiving Party may file the 7 || information in the public record unless otherwise instructed by the court. 8 13. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in Paragraph 4, within 60 days of a written 10 || request by the Designating Party, each Receiving Party must return all Protected Material to the 11 || Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes 12 || all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of 13 || the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party 14 || must submit a written certification to the Producing Party (and, if not the same person or entity, to the 15 || Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the 16 || Protected Material 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 reproducing or capturing 18 || any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 19 || copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 20 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 21 || and expert work product, even if such materials contain Protected Material. Any such archival copies 22 || that contain or constitute Protected Material remain subject to this Protective Order as set forth in 23 || Paragraph 4 (DURATION). 24 // 25 // 26 // 27 // 28 // at 10. Case No. 2:19-cv-06963-CJC (RAOx)

1 14. VIOLATION OF ORDER, Any violation of this Order may be punished by any and 2 || all appropriate measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. 4 5 6 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 February 4, 2020 8 || DATED: 9 * 10 Me f Attorneys fr Plaintiff 11 | DaTED: u VOU 13 \/ aa 14 NULA | IALA Attorneys for Defendants 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 DATED: February 6, 2020 Rael ie, a. Ce

Honorable Rozella A. Oliver 20 || United States Magistrate Judge 21 22 23 24 25 26 27 28 11. Case No. 2:19-cv-06963-CJC (RAOx)

3 4] [print or type full name], of 5 [print or type full address], declare under 6 || penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that 7 || was issued by the United States District Court for the Central District of California on 8 , 2020 in the case of Manuel Andrade v. Beacon Sales Acquisition, Inc., 9 || et al., Case No. 2:19-cv-06963-CJC (RAOx). I agree to comply with and to be bound by all the terms 10 || of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could 11 || expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 12 || disclose in any manner any information or item that is subject to this Stipulated Protective Order to 13 || any person or entity except in strict compliance with the provisions of this Order. I further agree to 14 || submit to the jurisdiction of the United States District Court for the Central District of California for 15 || the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement 16 || proceedings occur after termination of _ this action. I hereby appoint 17 [print or type full □□□□□ of 18 [print or type full address and telephone 19 || number] as my California agent for service of process in connection with this action or any proceedings 20 || related to enforcement of this Stipulated Protective Order. 21 Dated:

93 || City and State where sworn and signed: 24 || Printed name: 25 Signature: ___ 26 27 28 at 12. Case No. 2:19-cv-06963-CJC (RAOx)