U.S. Legal Support, Inc. v. Michelle Beverly

• Court: District Court, C.D. California
• Decided: March 25, 2025
• Docket: 5:25-cv-00218
• Status: Unknown

Opinion

1 STUBBS ALDERTON & MARKILES, LLP Daniel A. Rozansky (SBN 161647) 2 drozansky@stubbsalderton.com John De La Merced (SBN 303060) 3 jdelamerced@stubbsalderton.com Renee M. Moulton (SBN 353065) 4 rmoulton@stubbsalderton.com 15260 Ventura Blvd., 20th Floor 5 Sherman Oaks, California 91403 Telephone: (818) 444-4548 6 Facsimile: (818) 444-6352

7 Attorneys for Plaintiff U.S. LEGAL SUPPORT, INC. 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 11

13 U.S. LEGAL SUPPORT, INC., a Texas Case No.: 5:25-cv-00218-SSS-SPx Corporation, 14 DISCOVERY MATTER Plaintiff, 15 v. 16 STIPULATED PROTECTIVE MICHELLE BEVERLY, an individual; ORDER 17 DEPOSITION SOLUTIONS LLC d/b/a LEXITAS, a Texas Limited Liability 18 Company; and DOES 1 to 25, inclusive, Judge: Hon. Sunshine Suzanne Sykes 19 Magistrate Judge: Hon. Sheri Pym Defendants. 20

23 24 25 26 27 28 1 The Parties, through their undersigned counsel of record, and subject to the 2 Court’s approval, hereby stipulate to the entry of a Protective Order in this action as 3 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 Protective 10 Order does not confer blanket protections on all disclosures or responses to discovery 11 and that the protection it affords from public disclosure and use extends only to the 12 limited information or items that are entitled to confidential treatment under the 13 applicable legal principles. 14 A Party’s designation of information as protected material constitutes a 15 representation that such materials have been reviewed by Counsel and there is a good 16 faith basis for such designation. Nothing in this Protective Order shall be construed 17 as limiting a Party’s use of its own Highly Confidential or Confidential information. 18 2. GOOD CAUSE STATEMENT 19 This action is likely to involve trade secrets, customer pricing lists, and other 20 valuable financial proprietary 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 proprietary materials and information consist of, 23 among other things, confidential business or financial information, information 24 regarding confidential business practices. 25 Specifically, good cause exists to designate certain documents as “HIGHLY 26 CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY” where a Designating 27 Party and/or its counsel may have a good faith belief that the documents contain 28 information that is among the most sensitive by the party, including but not limited to 1 trade secret or other confidential research, development, financial or other 2 commercial information, and that such information must be shielded from anyone 3 within a competitor company, including in-house counsel, who might be involved in 4 “competitive decision-making” for the competitor company. See U.S. Steel Corp v. 5 U.S., 730 F.2d 1465, 1468 (Fed Cir. 1984); see also Brown Bag Software v. Symantec 6 Corp., 960 F.2d 1465, 1470 (1992). 7 Additionally, good cause also exists to designate certain documents as 8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” where a Designating 9 Party and/or its counsel may have a good faith belief that the documents contain 10 information that is also among the most sensitive by the party, including but not 11 limited to trade secret or other confidential research, development, financial or other 12 commercial information, but may not require the additional protections afforded for 13 documents designated as “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ 14 EYES ONLY.” 15 Finally, good cause exists to designate certain documents as 16 “CONFIDENTIAL” where a Designating Party and/or its counsel may have a good 17 faith belief that the unrestricted disclosure of such information in the documents could 18 be potentially prejudicial to the business or operations of the party. 19 Accordingly, to expedite the flow of information, to facilitate the prompt 20 resolution of disputes over confidentiality of discovery materials, to adequately 21 protect information the Parties are entitled to keep confidential, to ensure that the 22 Parties are permitted reasonable necessary uses of such material in preparation for 23 and in the conduct of trial, to address their handling at the end of the litigation, and 24 serve the ends of justice, a protective order for such information is justified in this 25 matter. 26 It is the intent of the Parties that information will not be designated as 27 confidential for tactical reasons and that nothing be so designated without a good faith 28 1 belief that it has been maintained in a confidential, non-public manner, and there is 2 good cause why it should not be part of the public record of this case. 3 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE 4 The Parties further acknowledge, as set forth in Section 14.3, below, that this 5 Protective Order does not entitle them to file confidential information under seal; 6 Local Civil Rule 79-5 sets forth the procedures that must be followed and the 7 standards that will be applied when a party seeks permission from the court to file 8 material under seal. There is a strong presumption that the public has a right of access 9 to judicial proceedings and records in civil cases. In connection with non-dispositive 10 motions, good cause must be shown to support a filing under seal. See Kamakana v. 11 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 12 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 13 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 14 orders require good cause showing), and a specific showing of good cause or 15 compelling reasons with proper evidentiary support and legal justification, must be 16 made with respect to Protected Material that a party seeks to file under seal. The 17 Parties’ mere designation of Disclosure or Discovery Material as HIGHLY 18 CONFIDENTIAL or CONFIDENTIAL does not— without the submission of 19 competent evidence by declaration, establishing that the material sought to be filed 20 under seal qualifies as confidential, privileged, or otherwise protectable—constitute 21 good cause. Further, if a party requests sealing related to a dispositive motion or trial, 22 then 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 under 26 seal, the party seeking protection must articulate compelling reasons, supported by 27 specific facts and legal justification, for the requested sealing order. Again, competent 28 1 evidence supporting the application to file documents under seal must be provided by 2 declaration. 3 Any document that is not confidential, privileged, or otherwise protectable in 4 its entirety will not be filed under seal if the confidential portions can be redacted. If 5 documents can be redacted, then a redacted version for public viewing, omitting only 6 the confidential, privileged, or otherwise protectable portions of the document, shall 7 be filed. Any application that seeks to file documents under seal in their entirety 8 should include an explanation of why redaction is not feasible. 9 4. DEFINITIONS 10 a. “Acknowledgement” refers to the “Acknowledgement and Agreement to Be 11 Bound” attached hereto as Exhibit A. 12 b. “Action” means the above-entitled proceeding, Case No. 5:25-cv-00218-SSS- 13 SP. 14 c. “Challenging Party” means a Party or Non-Party challenging the designation 15 of Information or items under this Protective Order. 16 d. “CONFIDENTIAL” Information means information (regardless of how it is 17 generated, stored, or maintained) or tangible things that qualify for protection 18 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 19 Cause section. 20 e. “HIGHLY CONFIDENTIAL” Information means information (regardless 21 of how it is generated, stored, or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure26(c), and as specified above 23 in the Good Cause section, which may be designated as “HIGHLY 24 CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY,” or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 26 f. “Designating Party” means any Party or Non-Party disclosing or producing 27 Protected Material in connection with this Action and marking such material as 28 “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY,” 1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 2 “CONFIDENTIAL.” 3 g. “Disclosure or Discovery Material” means all items of Information 4 regardless of the medium or manner (including, among other things, testimony, 5 transcripts, and tangible things), that are produced or generated in disclosures 6 or responses to discovery. 7 h. “Expert” shall refer to a person with specialized knowledge or experience in a 8 matter pertinent to the litigation who has been retained by a Party or its counsel 9 to serve as an expert witness or as a consultant in this Action but is not an 10 employee of any Party to this Action. 11 i. “Final Disposition” shall mean the later of (1) dismissal of all claims and 12 defenses in this Action, with or without prejudice; or (2) entry of a final 13 judgment herein after the completion and exhaustion of all appeals, rehearings, 14 remands, trials, or reviews of this Action, including the time limits for filing 15 any motions or applications for extension of time pursuant to applicable law. 16 j. “Information” means the content of documents or testimony, including 17 individual records, and associated metadata, whether on paper, film, or other 18 media, as discrete files stored electronically, optically, or magnetically, or as 19 record within a database, archive, or container file, including but not limited to 20 emails, messages, Microsoft Word documents, digital presentations, 21 spreadsheets, and database content. 22 k. “In House Counsel” means attorneys who are employees of a Party to this 23 Action. In House Counsel does not include Outside Counsel of Record or any 24 other outside counsel. 25 l. “Non-Party” means any natural person, business entity, or other legal entity 26 not named as a party to this Action. 27 m. “Outside Counsel of Record” means attorneys who are not employees of a 28 party to this Action but are retained to represent a party to this Action and have 1 appeared in this Action on behalf of that Party or are affiliated with a law firm 2 that has appeared on behalf of that Party, and includes support staff. 3 n. “Party” means any party to this Action. 4 o. “Protected Material” means any Disclosure or Discovery Material that is 5 designated as “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES 6 ONLY,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 7 “CONFIDENTIAL.” 8 p. “Protective Order” means this Stipulated Protective Order. 9 q. “Receiving Party” shall refer to any Party or Non-Party that receives Protected 10 Material. 11 r. “Testimony” means all depositions, declarations, or other testimony taken or 12 used in this Action. 13 5. SCOPE 14 The protections conferred by this Protective Order cover not only Protected 15 Material, as defined above, but also (1) and information copied or extracted from 16 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 17 Material; and (3) any testimony, conversations, or presentations by Parties or their 18 Counsel that might reveal Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge and other applicable authorities. This Protective Order does not govern the 21 use of Protected Material at trial. 22 6. DURATION 23 Even after final disposition of the Action, the confidentiality obligations 24 imposed by this Protective Order shall remain in effect until a Designating Party 25 agrees otherwise in writing or a court order otherwise directs. 26 7. DESIGNATING PROTECTED MATERIAL 27 a. Exercise of Restraint and Care in Designating Material for Protection 28 1 Each Party or Non-Party that designates information or items for protection 2 under this Protective Order must take care to limit any such designation to specific 3 material that qualifies under the appropriate standards. The Designating Party must 4 designate for protection only those parts of material, documents, items, or oral or 5 written communications that qualify, so that other portions of the material, 6 documents, items, or communications for which protection is not warranted are not 7 swept unjustifiably within the ambit of this Protective Order. 8 Mass, indiscriminate, or routinized designations are prohibited. Designations 9 that are shown to be clearly unjustified or that have been made for an improper 10 purpose (e.g., to unnecessarily encumber the case development process or to impose 11 unnecessary expenses and burdens on other parties) may expose the Designating Party 12 to sanctions. 13 If it comes to a Designating Party’s attention that information or items that it 14 designated for protection do not qualify for protection at all, or do not qualify for the 15 level of protection initially asserted, that Designating Party must promptly notify all 16 other Parties that it is withdrawing the inapplicable designation or amend same as 17 appropriate. 18 b. Manner and Timing of Designations 19 Except as otherwise provided in this Protective Order, or as otherwise 20 stipulated or ordered, a Disclosing Party producing documents or information that 21 qualifies for protection under this Protective Order must be clearly so designated 22 before the material is disclosed or produced. Designation in conformity with this 23 Order requires: 24 (i) For information in documentary form: (e.g., paper or 25 electronic documents, but excluding deposition transcripts or other 26 pretrial proceedings): The Designating Party affix, at a minimum, the 27 legend “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES 28 ONLY,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 1 or “CONFIDENTIAL” to each page that contains Protected Material. If 2 only a portion of the material on a document page qualifies for 3 protection, the Designating Party must also clearly identify the protected 4 portion(s) (e.g. by making appropriate markings, such as highlighting). 5 (ii) For testimony given in the court of the Action: The 6 Designating Party shall identify on the record, before the close of the 7 relevant proceeding, all protected testimony and specify the level of 8 protection being asserted. 9 A Party shall give the other Parties a minimum of 2 business 10 days’ written notice if they reasonably expect any proceeding to include 11 Protected Material so that the other Parties can ensure that only 12 authorized individuals who have signed the Acknowledgment are 13 present at those proceedings. The use of a document as an exhibit at a 14 deposition shall not in any way affect its designation as Protected 15 Material. If it is impractical to identify separately each portion of 16 testimony that is entitled to protection and it appears that substantial 17 portions of the testimony may qualify for protection, the Designating 18 Party may invoke on the record (before the proceeding is concluded), a 19 right to take up to 21 days to identify the specific portions of the 20 testimony to be designated as Protected Material. Only those portions of 21 the testimony that are appropriately designated for protection within the 22 allotted time shall be covered by the provisions of this Protective Order. 23 Alternatively, a Designating Party may specify, during the proceeding or 24 in the allotted time following the proceeding (if requested), the entire 25 transcript shall be treated as Protected Material. 26 Transcripts containing Protected Material shall have an obvious 27 legend on the title page stating that the transcript contains Protected 28 Material, and the title page shall be followed by a list of all pages 1 (including line numbers, as appropriate) that have been designated as 2 Protected Material and the level of protection being asserted by the 3 Designating Party. The Designating Party shall inform the court reporter 4 of these requirements. Unless otherwise agreed in writing, any transcript 5 that is prepared before the expiration of the 21-day period described 6 above shall be treated during that period as if has been designated 7 “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY” 8 in its entirety. After the expiration of that period, the transcript shall be 9 treated only as actually designated. 10 (iii) For information produced in some form other than 11 documentary and for any other tangible items: The Designating Party 12 shall affix in a prominent place on the exterior of the container(s) in 13 which the item or information is stored the legend “HIGHLY 14 CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY,” 15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 16 “CONFIDENTIAL.” If only a portion of the information or items 17 warrants protection, the Designating Party, to the extent practicable, 18 shall identify the protected portion(s) and specify the level of protection 19 being asserted. 20 (iv) Inadvertent failure to designate: If timely corrected, an 21 inadvertent failure to designate qualified information or items does not, 22 standing alone, waive the Designating Party’s right to secure protection 23 for such information under this Protective Order. Upon timely correction 24 of designation, the Receiving Party must make reasonable efforts to 25 ensure the information is treated in accordance with the provisions of 26 this Protective Order. 27 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 28 a. Timing of Challenges 1 Any Party or Non-Party may challenge a designation of confidentiality at any 2 time that is consistent with the Court’s Scheduling Order. 3 b. Meet and Confer 4 The Challenging Party shall initiate the dispute resolution process under Local 5 Rule 37-1 et seq. 6 c. Joint Stipulation 7 Any challenge submitted to the Court shall be via a joint stipulation pursuant 8 to Local Rule 37-2. 9 The burden of persuasion in any such challenge shall be on the Designating 10 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 11 or impose unnecessary expenses and burdens on other parties) may expose the 12 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 Designating 15 Party’s designation until the Court rules on the challenge. 16 9. ACCESS TO AND USE OF PROTECTED MATERIAL 17 A Receiving Party may use Protected Material that is disclosed or produced by 18 another Party or by a Non-Party in connection with this Action only for prosecuting, 19 defending or attempting to settle this Action. Such Protected Material may be 20 disclosed only to the categories of persons and under the conditions described in this 21 Protective Order. When the Action has been terminated, a Receiving Party must 22 comply with the provisions of section 14 below. 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 Protective Order. 26 a. Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES 27 ONLY” Information or Items. Unless otherwise ordered by the court or 28 permitted in writing by the Designating Party, a Receiving Party may disclose 1 any information or item designated “HIGHLY CONFIDENTIAL – OUTSIDE 2 COUNSELS’ EYES ONLY” only to: 3 i. The Receiving Party’s Outside Counsel of Record in this Action, 4 as well as employees of said Outside Counsel of Record to whom 5 it is reasonably necessary to disclose the information in this 6 Action; 7 ii. Experts (as defined in this Protective Order) of the Receiving 8 Party to whom disclosure is reasonably necessary for this Action 9 and who have signed the Acknowledgment attached as Exhibit A 10 hereto; 11 iii. The Court and its personnel; 12 iv. Court reporters providing reporting services in this Action; 13 v. During their depositions, witnesses, and attorneys for witnesses, 14 in the Action to whom disclosure is reasonably necessary, 15 provided: (1) the deposing party requests that the witness sign the 16 Acknowledgement attached as Exhibit A hereto; and (2) they will 17 not be permitted to keep any HIGHLY CONFIDENTIAL 18 information unless they sign the Acknowledgment (Exhibit A), 19 unless otherwise agreed by the Designating Party or ordered by 20 the court. Pages of transcribed deposition testimony or exhibits to 21 depositions that reveal Protected Material may be separately 22 bound by the court reporter and may not be disclosed to anyone 23 except as permitted under this Protective Order; and 24 vi. Any mediators or settlement officers and their supporting 25 personnel, mutually agreed upon by the Parties engaged in 26 settlement discussions. 27 b. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” 28 Information or Items. Unless otherwise ordered by the Court or permitted in 1 writing by the Designating Party, a Receiving Party may disclose any 2 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 3 EYES ONLY” only to: 4 i. The Receiving Party’s Outside Counsel of Record in this Action, 5 as well as employees of said Outside Counsel of Record to whom 6 it is reasonably necessary to disclose the information in this 7 Action; 8 ii. The Receiving Party’s In House Counsel to whom disclosure is 9 reasonably necessary; 10 iii. Experts (as defined in this Protective Order) of the Receiving 11 Party to whom disclosure is reasonably necessary for this Action 12 and who have signed the Acknowledgment attached as Exhibit A 13 hereto; 14 iv. The Court and its personnel; 15 v. Court reporters providing reporting services in this Action; 16 vi. During their depositions, witnesses, and attorneys for witnesses, 17 in the Action to whom disclosure is reasonably necessary 18 provided: (1) the deposing party requests that the witness sign the 19 Acknowledgement attached as Exhibit A hereto; and (2) they will 20 not be permitted to keep any HIGHLY CONFIDENTIAL 21 information unless they sign the Acknowledgment (Exhibit A), 22 unless otherwise agreed by the Designating Party or ordered by 23 the court. Pages of transcribed deposition testimony or exhibits to 24 depositions that reveal Protected Material may be separately 25 bound by the court reporter and may not be disclosed to anyone 26 except as permitted under this Protective Order; and 27 28 1 vii. Any mediators or settlement officers and their supporting 2 personnel, mutually agreed upon by the Parties engaged in 3 settlement discussions. 4 c. Procedures for Approving or Objecting to Disclosure of Highly Confidential 5 Materials to Experts. Unless ordered by the Court or agreed to in writing by the 6 Designating Party, Counsel that seeks to Disclose any HIGHLY 7 CONFIDENTIAL Materials to an Expert must first make a written request (by 8 email or overnight mail) to the Designating Party that (i) identifies the general 9 categories of HIGHLY CONFIDENTIAL Materials that the Receiving Party 10 seeks permission to disclose to the Expert, (ii) sets forth the general capacity of 11 the person to whom the disclosure is intended to be made (e.g. “Expert”). 12 d. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 13 ordered by the Court or permitted in writing by the Designating Party, a 14 Receiving Party may disclose any information or item designated 15 “CONFIDENTIAL” only to: 16 i. The Receiving Party’s Outside Counsel of Record in this Action, 17 as well as employees of said Outside Counsel of Record to whom 18 it is reasonably necessary to disclose the information in this 19 Action; 20 ii. The Receiving Party’s officers, directors, and employees 21 (including, but not limited to, In House Counsel) to whom 22 disclosure is reasonably necessary for this action; 23 iii. Experts (as defined in this Protective Order) of the Receiving 24 Party to whom disclosure is reasonably necessary for this Action 25 and who have signed the Acknowledgment attached as Exhibit A 26 hereto; 27 iv. The Parties; 28 v. The Court and its personnel; 1 vi. Court reporters providing reporting services in this Action; 2 vii. During their depositions, witnesses, and attorneys for witnesses, 3 in the Action to whom disclosure is reasonably necessary 4 provided: (1) the deposing party requests that the witness sign the 5 Acknowledgement attached as Exhibit A hereto; and (2) they will 6 not be permitted to keep any CONFIDENTIAL information unless 7 they sign the Acknowledgment (Exhibit A), unless otherwise 8 agreed by the Designating Party, or ordered by the court. Pages of 9 transcribed deposition testimony or exhibits to depositions that 10 reveal Protected Material may be separately bound by the court 11 reporter and may not be disclosed to anyone except as permitted 12 under this Protective Order; and 13 viii. Any mediators or settlement officers and their supporting 14 personnel, mutually agreed upon by the Parties engaged in 15 settlement discussions. 16 For the avoidance of doubt, the written request described herein does not 17 constitute and shall not be construed or interpreted as a demand for expert information 18 under Federal Rules of Civil Procedure Rule 26(a)(2). 19 A Receiving Party that makes a request and provides the information pursuant 20 to this Section may Disclose the subject Protected Material to the identified person 21 five (5) days after sending the written request, unless the Receiving Party receives a 22 written objection from the Designating Party. Any such objection must (i) be sent by 23 email or overnight mail and (ii) set forth in detail the grounds on which it is based. A 24 Receiving Party that receives a timely written objection must meet and confer with 25 the Designating Party to try to resolve the matter by agreement within five (5) days 26 of service of the written objection. If no agreement is reached, the Receiving Party 27 seeking to make the Disclosure to the Expert may file a noticed motion or ex parte 28 application as necessary seeking permission from the Court to do so. In any such 1 proceeding, the Receiving Party opposing Disclosure to the Expert shall bear the 2 burden of proving that the risk of harm that the Disclosure would entail (under the 3 safeguards proposed) outweighs the Receiving Party’s need to Disclose the Protected 4 Material. 5 A Party who has not previously objected to Disclosure of Protected Material 6 to an Expert or whose objection has been resolved with respect to previously produced 7 Protected Material shall not be precluded from raising an objection to an Expert at a 8 later time with respect to Protected Material that is produced after the time for 9 objecting to such Expert has expired or if new information about that Expert is 10 Disclosed or discovered. Any such objection shall be handled in accordance with the 11 provisions set forth above. 12 The restrictions and obligations set forth within this Protective Order will not 13 apply to any information that: (a) the Parties agree should not be designated HIGHLY 14 CONFIDENTIAL or CONFIDENTIAL information; (b) the Parties agree, or the 15 Court rules, is already public knowledge; (c) the Parties agree, or the Court rules, has 16 become public knowledge other than a result of disclosure by the Receiving Party, its 17 employees, or agents in violation of this Protective Order; or (d) has come or will 18 come into the Receiving Party’s legitimate knowledge independently of the 19 production by the Designating Party. Prior knowledge must be established by pre- 20 production documentation. 21 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED 22 PRODUCED IN OTHER LITIGATION 23 If a Party is served with a subpoena or a court order issued in another litigation 24 that compels disclosure of any information or items designated in this Action as 25 “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES ONLY,” “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL,” that 27 Party must: 28 1 a. Promptly notify in writing the Designating Party. Such notification shall 2 include a copy of the subpoena or court order; 3 b. Promptly notify in writing the party who caused the subpoena or order to issue 4 in the other litigation that some or all of the material covered by the subpoena 5 or order is subject to this Protective Order. Such notification shall include a 6 copy of this Stipulated Protective Order; and 7 c. Cooperate with respect to all reasonable procedures sought to be pursued by 8 the Designating Party whose Protected Material may be affected. If the 9 Designating Party timely seeks a protective order, the Party served with the 10 subpoena or court order shall not produce any information designated in this 11 action as “HIGHLY CONFIDENTIAL – OUTSIDE COUNSELS’ EYES 12 ONLY,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 13 “CONFIDENTIAL” before a determination by the court from which the 14 subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party shall bear the burden and expense of 16 seeking protection in that court of its confidential material and nothing in these 17 provisions should be construed as authorizing or encouraging a Receiving Party 18 in this Action to disobey a lawful directive from another court. 19 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 a. The terms of this Protective Order are applicable to information produced by a 22 Non-Party in this Action and designated as “HIGHLY CONFIDENTIAL – 23 OUTSIDE COUNSELS’ EYES ONLY,” “HIGHLY CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL.” Such information 25 produced by Non-Parties in connection with this Action is protected by the 26 remedies and relief provided by this Protective Order. Nothing in these 27 provisions should be construed as prohibiting a Non-Party from seeking 28 additional protections. 1 b. In the event that a Party is required, by a valid discovery request, to produce a 2 Non-Party’s HIGHLY CONFIDENTIAL or CONFIDENTIAL information in 3 its possession, and the Party is subject to an agreement with the Non-Party not 4 to produce the Non-Party’s HIGHLY CONFIDENTIAL or CONFIDENTIAL 5 information, then the Party shall: 6 i. Promptly notify in writing the requesting Party and the Non-Party that 7 some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 ii. Promptly provide the Non-Party with a copy of the Protective Order 10 in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 iii. Make the information requested available for inspection by the Non- 13 Party, if requested. 14 c. If the Non-Party fails to seek a protective order from this court within 14 days 15 of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s CONFIDENTIAL Information responsive to the 17 discovery request. If the Non-Party timely seeks a protective order, the 18 Receiving Party shall not produce any Information in its possession or control 19 that is subject to the confidentiality agreement with the Non-Party before a 20 determination by the court. Absent a court order to the contrary, the Non-Party 21 shall bear the burden and expense of seeking protection in this court of its 22 Protected Material. 23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Protective Order, the Receiving Party must immediately (a) notify in writing the 27 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 28 all unauthorized copies of the Protected Material, (c) inform the person or persons to 1 whom unauthorized disclosures were made of all the terms of this Order, and (d) 2 request such person or persons to execute the Acknowledgment attached hereto as 3 Exhibit A. 4 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a producing Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or other protection, 8 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 9 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 10 may be established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. Pursuant to Rule 502(b) of the Federal Rules of Evidence, a disclosure 16 of material subject to a claim of privilege or other protection will not operate as a 17 waiver in this or any other federal or state proceeding if the disclosure is inadvertent, 18 the holder of the privilege or protection took reasonable steps to prevent disclosure; 19 and the holder promptly took reasonable steps to rectify the error as detailed in this 20 Paragraph. 21 14. MISCELLANEOUS 22 a. Right to Further Relief. Nothing in this Order abridges the right of any Party to 23 seek its modification by the Court in the future. 24 b. Right to Assert Other Objections. By stipulating to the entry of this Protective 25 Order, no Party waives any right it otherwise would have to object to disclosing 26 or producing any information or item on any ground not addressed in this 27 Protective Order. Similarly, no Party waives any right to object on any ground 28 to use in evidence of any of the material covered by this Protective Order. 1 c. Filing Protected Material. A Party that seeks to file under seal any Protected 2 Material must comply with Local Civil Rule 79-5. Protected Material may 3 only be filed under seal pursuant to a court order authorizing the sealing of the 4 specific Protected Material. If a Party’s request to file Protected Material under 5 seal is denied by the court, then the Receiving Party may file the information 6 in the public record unless otherwise instructed by the court. 7 15. FINAL DISPOSITION 8 After the Final Disposition of this Action, as defined in paragraph 3, within 60 9 days of a written request by the Designating Party, each Receiving Party must return 10 all Protected Material to the Designating Party or destroy such material. As used in 11 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 12 summaries, and any other format reproducing or capturing any of the Protected 13 Material. Whether the Protected Material is returned or destroyed, the Receiving 14 Party must submit a written certification to the producing Party (and, if not the same 15 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or 17 destroyed and (2) affirms that the Receiving Party has not retained any copies, 18 abstracts, compilations, summaries or any other format reproducing or capturing any 19 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 20 retain an archival copy of all discovery documents including, but not limited to, 21 documents produced, pleadings, motion papers, trial, deposition, and hearing 22 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 23 reports, attorney work product, and consultant and expert work product, even if such 24 materials contain Protected Material. Any such archival copies that contain or 25 constitute Protected Material remain subject to this Protective Order as set forth in 26 Section 5. 27 28 1 16. VIOLATION 2 Any violation of this Order may be punished by appropriate measures 3 including, without limitation, contempt proceedings and/or monetary sanctions. 4 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 Dated: March 20, 2025 STUBBS ALDERTON & MARKILES, LLP

7 By: __/s/ John R. De La Merced____________ Daniel A. Rozansky 8 John R. De La Merced Renee M. Moulton 9 Attorneys for Plaintiff 10 U.S. LEGAL SUPPORT, INC.

11 Dated: March 20, 2025 JACKSON LEWIS P.C. 12 By: ___/s/ Gabriel N. Rubin_______________ 13 Janelle J. Sahouria Gabriel N. Rubin 14 Kelsey F. Morris

15 Attorneys for Plaintiff MICHELLE BEVERLY; DEPOSITION 16 SOLUTIONS LLC d/b/a LEXITAS 17 ORDER 18 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 19 20 Dated: March 25, 2025 ____________________________ SHERI PYM 21 United States Magistrate Judge 22

24 25 26 27 28 1 EXHIBIT A 2 ACKNOWLEDGMENT TO BE BOUND RE: RECEIPT OF HIGHLY CONFIDENTIAL AND CONFIDENTIAL PROTECTED MATERIAL 3 I, _____________________________, declare: 4 1. I am ______________________________________ (position and employer). 5 2. I have received a copy of the Stipulated Protective Order ("Order") in this 6 Action, Case Number 5:25-cv-00218-SSS-SP. 3. I have carefully read and understand the provisions of this Order and I agree to 7 abide by its terms. 8 4. I will hold in confidence, will not disclose to anyone other than those persons 9 specifically authorized by the Order, and will not copy or use for purposes other than for this Action any materials designated "Confidential" or "Highly 10 Confidential" that I receive in this Action, except to the extent that such 11 material designated "Confidential" or "Highly Confidential" is or becomes 12 public domain information or otherwise is not deemed "Confidential" or 13 "Highly Confidential" in accordance with the Order. 5. I agree that at the conclusion of the Action, I will return all Protected Material 14 to the party or attorney from whom I received it. 15 6. I agree to subject myself personally to the jurisdiction of this Court for the 16 purpose of proceedings relating to my performance under, compliance with, or violation of the Order. 17 7. I understand that disclosure of materials designated "Confidential" and "Highly 18 Confidential" in violation of the Order may constitute contempt of court. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. Executed this _____ day of _______, 20__, at 21 ________________________ (city, state). 22 DATED: _______________ BY: _______________________________________ 23 Signature ___________________________________ 24 Title _______________________________________ 25 Address ____________________________________ 26 City, State, Zip Code __________________________ 27 28 Telephone __________________________________