Julia Rimes v. Claire's Stores Inc.

Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 1 of 17 Page ID #:640 1 SARAH E. ROSS, Bar No. 252206 sross@littler.com 2 JAMAR D. DAVIS, Bar No. 340949 jddavis@littler.com 3 LITTLER MENDELSON, P.C. 2049 Century Park East 4 5th Floor Los Angeles, California 90067.3107 5 Telephone: 310.553.0308 Fax No.: 310.553.5583 [6] Attorneys for Defendants 7 CLAIRE’S STORES, INC. CLAIRE’S BOUTIQUES, INC. [8] Mika Hilaire, Esq. (SBN: 212263) [9] EQUAL RIGHTS LAW GROUP 10 15233 Ventura Boulevard, Suite 420 Sherman Oaks, California 91403 [11] Telephone and Fax: (818) 305-6297 12 mika@equalrightslawgroup.com [13] Attorneys for Plaintiff, JULIA RIMES [14] 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA [17] JULIA RIMES, an individual, Case No. 2:22-cv-01488-SVW-JEM [18] Plaintiff, [PxxRxOxxPxOxSxxExDx] PROTECTIVE 19 ORDER FOR PRODUCTION OF v. CONFIDENTIAL INFORMATION [20] CLAIRE'S STORES, INC., a Delaware ASSIGNED TO HONORABLE JUDGE 21 Corporation, CLAIRE'S BOUTIQUES, JOHN E. MCDERMOTT FOR INC., a Michigan Corporation, and DISCOVERY MATTERS 22 DOES 1 through 25, inclusive, [DISCOVERY DOCUMENT: 23 Defendants. REFERRED TO MAGISTRATE JUDGE JOHN E. MCDERMOTT] [24] Trial date: September 20, 2022 25 Pretrial Conference: September 12, 2022 Discovery Cutoff: None Set 26 Complaint Filed: February 1, 2022 [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 1 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 2 of 17 Page ID #:641 1 PROTECTIVE ORDER 2 Pursuant to Honorable Magistrate Judge John E. McDermott’s May 5, 2022 3 Order (Docket #24), Plaintiff Julia Rimes (“Plaintiff”) and Defendants Claire’s Stores, 4 Inc. and Claire’s Boutiques, Inc. (“Defendants”), by and though their counsel of record, 5 hereby AGREE and STIPULATE as follows: 6 1. PURPOSES AND LIMITATIONS 7 Discovery in this action is likely to involve production of confidential or private 8 information for which special protection from public disclosure and from use for any 9 purpose other than pursuing this litigation may be warranted. Accordingly, the parties 10 hereby stipulate to enter the following Stipulated Protective Order. The parties 11 acknowledge that this Order does not confer blanket protections on all disclosures or 12 responses to discovery and that the protection it affords from public disclosure and use 13 extends only to the limited information or items that are entitled to confidential 14 treatment under the applicable legal principles. 15 2. GOOD CAUSE STATEMENT 16 Plaintiff’s allegations may require disclosure of Defendants’ confidential, 17 proprietary, or private information and/or Plaintiff’s private and/or confidential medical 18 information, including but not limited to, prescription records and orders, medical 19 records and history, billing and accounting records, treatment plans, insurance 20 information, medial ailments, genetic information, recommendations for referral 21 medical providers, and other private and confidential information for which special 22 protection from public disclosure and from use for any purpose other than prosecution 23 of this action is warranted. Such confidential and private information is otherwise 24 generally unavailable to the public and/or is privileged or otherwise protected from 25 disclosure under state or federal statutes, court rules, case decisions, or common law. 26 Disclosure of the foregoing confidential information to the public without proper 27 protection will result in a serious violation of Defendants’ and/or Plaintiff’s privacy 28 interests and may lead to the misuse of such information. Accordingly, to expedite the LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 2 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 3 of 17 Page ID #:642 1 flow of information, to facilitate the prompt resolution of disputes over confidentiality 2 of discovery materials, to adequately protect information the parties are entitled to keep 3 confidential, to ensure that the parties are permitted reasonable and necessary uses of 4 such material in preparation for and in the conduct of trial, to address their handling at 5 the end of the litigation, and serve the ends of justice, a protective order for such 6 information is justified in this matter. It is the intent of the parties that information will 7 not be designated as confidential for tactical reasons and that nothing be so designated 8 without a good faith belief that it has been maintained in a confidential, non-public 9 manner, and there is good cause why it should not be part of the public record of this 10 case. 11 3. ACKNOWLEDGEMENT OF UNDER SEAL FILING PROCEDURE 12 The parties further acknowledge, as set forth in Section 13.3, below, that this 13 Stipulated Protective Order does not entitle them to file confidential information under 14 seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards 15 that will be applied when a party seeks permission from the court to file material under 16 seal. There is a strong presumption that the public has a right of access to judicial 17 proceedings and records in civil cases. In connection with non-dispositive motions, 18 good cause must be shown to support a filing under seal, and a specific showing of good 19 cause with proper evidentiary support and legal justification, must be made with respect 20 to Protected Material that a party seeks to file under seal. See Kamakana v. City and 21 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 22 Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., [23] 187 F.R.D. 576, 577 (E.D. Wis. 1999) (finding even stipulated protective orders require 24 a showing of good cause). The parties’ mere designation of Disclosure or Discovery 25 Material as CONFIDENTIAL does not—without the submission of competent evidence 26 by declaration, establishing that the material sought to be filed under seal qualifies as 27 confidential, privileged, or otherwise protectable—constitute good cause. 28 Further, if a party requests sealing related to a dispositive motion or trial, then LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 3 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 4 of 17 Page ID #:643 1 compelling reasons, not only good cause, for the sealing must be shown, and the relief 2 sought shall be narrowly tailored to serve the specific interest to be protected. See 3 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 4 or type of information, document, or thing sought to be filed or introduced under seal, 5 the party seeking protection must articulate compelling reasons, supported by specific 6 facts and legal justification, for the requested sealing order. Again, competent evidence 7 supporting the application to file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in its 9 entirety will not be filed under seal if the confidential portions can be redacted. If 10 documents can be redacted, then a redacted version for public viewing, omitting only 11 the confidential, privileged, or otherwise protectable portions of the document, shall be 12 filed. Any application that seeks to file documents under seal in their entirety should 13 include an explanation of why redaction is not feasible. 14 4. DEFINITIONS 15 4.1 Action: Julia Rimes v. Claire’s Stores Inc. et al., Case No. 2:22-cv-0148816 SVW-JEM. 17 4.2 Challenging Party: a Party or Non-Party that challenges the designation 18 of information or items under this Order. 19 4.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored, or maintained) or tangible things that qualify for protection 21 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 22 Statement. 23 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 24 support staff). 25 4.5 Designating Party: a Party or Non-Party that designates information or 26 items that it produces in disclosures or in responses to discovery as 27 “CONFIDENTIAL.” [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 4 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 5 of 17 Page ID #:644 1 4.6 Disclosure or Discovery Material: all items or information, regardless 2 of the medium or manner in which it is generated, stored, or maintained (including, 3 among other things, testimony, transcripts, and tangible things), that are produced or 4 generated in disclosures or responses to discovery. 5 4.7 Expert: a person with specialized knowledge or experience in a matter 6 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 7 expert witness or as a consultant in this Action. 8 4.8 Plaintiff’s Medical Information: all information that is provided from a 9 health care provider that contains, including without limitation, prescription records and 10 orders, medical records and history, billing and accounting records, treatment plans, 11 insurance information, medial ailments, genetic information, and recommendations for 12 referral medical providers. Unless otherwise designated as “Confidential,” Plaintiff’s 13 Medical Information does not include information provided by Defendants regarding 14 Plaintiff Julia Rimes. 15 4.9 House Counsel: attorneys who are employees of a party to this Action. 16 House Counsel does not include Outside Counsel of Record or any other outside 17 counsel. 18 4.10 Non-Party: any natural person, partnership, corporation, association, or 19 other legal entity not named as a Party to this action. 20 4.11 Outside Counsel of Record: attorneys who are not employees of a party 21 to this Action but are retained to represent a party to this Action and have appeared in 22 this Action on behalf of that party or are affiliated with a law firm that has appeared on 23 behalf of that party, and includes support staff. 24 4.12 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 4.13 Producing Party: a Party or Non-Party that produces Disclosure or 28 Discovery Material in this Action. LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 5 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 6 of 17 Page ID #:645 1 4.14 Professional Vendors: persons or entities that provide litigation support 2 services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 4 their employees and subcontractors. 5 4.15 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL.” 7 4.16 Receiving Party: a Party that receives Disclosure or Discovery Material 8 from a Producing Party. 9 5. SCOPE 10 The protections conferred by this Stipulation and Order cover not only Protected 11 Material (as defined above), but also (1) any information copied or extracted from 12 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 13 Material; and (3) any testimony, conversations, or presentations by Parties or their 14 Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial shall be governed by the orders of the trial 16 judge and other applicable authorities. This Order does not govern the use of Protected 17 Material at trial. 18 6. DESIGNATING PROTECTED MATERIAL 19 6.1 Manner and Timing of Designations. Except as otherwise provided in this 20 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that 21 qualifies for protection under this Order must be clearly so designated before the 22 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 25 documents, but excluding transcripts of depositions or other pretrial or trial 26 proceedings), that the Producing Party affix at a minimum, the legend 27 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 28 contains protected material. If only a portion of the material on a page qualifies for LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 6 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 7 of 17 Page ID #:646 1 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 2 by making appropriate markings in the margins). 3 A Party or Non-Party that makes original documents available for inspection 4 need not designate them for protection until after the inspecting Party has indicated 5 which documents it would like copied and produced. During the inspection and before 6 the designation, all of the material made available for inspection shall be deemed 7 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 8 copied and produced, the Producing Party must determine which documents, or portions 9 thereof, qualify for protection under this Order. Then, before producing the specified 10 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 11 that contains Protected Material. If only a portion of the material on a page qualifies 12 for protection, the Producing Party also must clearly identify the protected portion(s) 13 (e.g., by making appropriate markings in the margins). 14 (b) for testimony given in depositions that the Designating Party identifies 15 the Disclosure or Discovery Material on the record, before the close of the deposition 16 all protected testimony. 17 (c) for information produced in some form other than documentary and for 18 any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information is stored the legend 20 “CONFIDENTIAL.” If only a portion or portions of the information warrants 21 protection, the Producing Party, to the extent practicable, shall identify the protected 22 portion(s). 23 6.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent 24 failure to designate qualified information or items does not, standing alone, waive the 25 Designating Party’s right to secure protection under this Order for such material. Upon 26 timely correction of a designation, the Receiving Party must make reasonable efforts to 27 assure that the material is treated in accordance with the provisions of this Order. [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 7 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 8 of 17 Page ID #:647 1 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 7.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s Scheduling 4 Order. 5 7.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37-1 et seq. 7 7.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 8 stipulation pursuant to Local Rule 37-2. 9 7.4 The burden of persuasion in any such challenge proceeding shall be on the 10 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., 11 to harass or impose unnecessary expenses and burdens on other parties) may expose the 12 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn 13 the confidentiality designation, all parties shall continue to afford the material in 14 question the level of protection to which it is entitled under the Producing Party’s 15 designation until the Court rules on the challenge. 16 8. ACCESS TO AND USE OF PROTECTED MATERIAL 17 8.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this Action 19 only for prosecuting, defending, or attempting to settle this Action. Such Protected 20 Material may be disclosed only to the categories of persons and under the conditions 21 described in this Order. When the Action has been terminated, a Receiving Party must 22 comply with the provisions of Section 14 below (FINAL DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 27 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 28 may disclose any information or item designated “CONFIDENTIAL” only to: LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 8 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 9 of 17 Page ID #:648 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably necessary to 3 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 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed 21 by the Designating Party or ordered by the court. Pages of transcribed deposition 22 testimony or exhibits to depositions that reveal Protected Material may be separately 23 bound by the court reporter and may not be disclosed to anyone except as permitted 24 under this Stipulated Protective Order; and 25 (i) any mediators or settlement officers and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 9 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 10 of 17 Page ID #:649 1 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that 4 compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Protective Order. Such notification shall include a copy of 11 this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. If the 14 Designating Party timely seeks a protective order, the Party served with the subpoena 15 or court order shall not produce any information designated in this action as 16 “CONFIDENTIAL” before a determination by the court from which the subpoena or 17 order issued, unless the Party has obtained the Designating Party’s permission. The 18 Designating Party shall bear the burden and expense of seeking protection in that court 19 of its confidential material and nothing in these provisions should be construed as 20 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive 21 from another court. 22 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 23 IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the remedies 27 and relief provided by this Order. Nothing in these provisions should be construed as 28 prohibiting a Non-Party from seeking additional protections. LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 10 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 11 of 17 Page ID #:650 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential 4 information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party may 15 produce the Non-Party’s confidential information responsive to the discovery request. 16 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce 17 any information in its possession or control that is subject to the confidentiality 18 agreement with the Non-Party before a determination by the court. Absent a court order 19 to the contrary, the Non-Party shall bear the burden and expense of seeking protection 20 in this court of its Protected Material. 21 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve 26 all unauthorized copies of the Protected Material, (c) inform the person or persons to 27 whom unauthorized disclosures were made of all the terms of this Order, and (d) request 28 such person or persons to execute the “Acknowledgment an Agreement to Be Bound” LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 11 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 12 of 17 Page ID #:651 1 attached hereto as Exhibit A. 2 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 8 may be established in an e-discovery order that provides for production without prior 9 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 10 parties reach an agreement on the effect of disclosure of a communication or 11 information covered by the attorney-client privilege or work product protection, the 12 parties may incorporate their agreement in the stipulated protective order submitted to 13 the court. 14 13. MISCELLANEOUS 15 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 13.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 13.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the specific 25 Protected Material. If a Party’s request to file Protected Material under seal is denied 26 by the court, then the Receiving Party may file the information in the public record 27 unless otherwise instructed by the court. [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 12 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 13 of 17 Page ID #:652 1 14. FINAL DISPOSITION 2 After the final disposition of this Action, within 60 days of a written request by 3 the Designating Party, each Receiving Party must return all Protected Material to the 4 Producing Party or destroy such material. As used in this subdivision, “all Protected 5 Material” includes all copies, abstracts, compilations, summaries, and any other format 6 reproducing or capturing any of the Protected Material. Whether the Protected Material 7 is returned or destroyed, the Receiving Party must submit a written certification to the 8 Producing Party (and, if not the same person or entity, to the Designating Party) by the 9 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 10 Material that was returned or destroyed and (2) affirms that the Receiving Party has not 11 retained any copies, abstracts, compilations, summaries or any other format reproducing 12 or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 13 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and 14 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 15 expert reports, attorney work product, and consultant and expert work product, even if 16 such materials contain Protected Material. Any such archival copies that contain or 17 constitute Protected Material remain subject to this Protective Order. 18 15. VIOLATION 19 Any violation of this Order may be punished by appropriate measures including, 20 without limitation, contempt proceedings and/or monetary sanctions. [21] 22 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 13 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 14 of 17 Page ID #:653 1 Dated: June 1, 2022 LITTLER MENDELSON, P.C. [2] 3 /s/ Sarah E. Ross SARAH E. ROSS 4 JAMAR D. DAVIS 5 Attorneys for Defendant CLAIRE’S STORES, INC. [6] 7 Dated: June 1, 2022 EQUAL RIGHTS LAW GROUP [8] 9 /s/ Mika Hilaire MIKA HILAIRE [10] Attorneys for Plaintiff 11 JULIA RIMES [12] 13 ATTESTATION [14] Pursuant to Civil Local Rule 5-4.3.4(a)(2)(i), the filer of this document attests [15] that all other signatories listed, and on whose behalf the filing is submitted, concur in [16] the filings’ content and have authorized the filing. [18] 19 Dated: June 1, 2022 LITTLER MENDELSON, P.C. [20] 21 /s/ Sarah E. Ross SARAH E. ROSS 22 JAMAR D. DAVIS 23 Attorneys for Defendant CLAIRE’S STORES, INC. [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 14 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page15o0f17 Page ID #:654 1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: 6/2/22 5 UNITED STATES MAGISTRATE JUDGE [28] 15 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 16 of 17 Page ID #:655 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 I hereby acknowledge that I, ________________________________ [NAME], 4 _________________________________________ [POSITION AND EMPLOYER], 5 am about to receive Protected Material supplied in connection with the Action: Julia 6 Rimes v. Claire’s Stores Inc. et al., Case No. 2:22-cv-01488-SVW-JEM. I understand 7 that said Protected Material is provided to me subject to the terms and restrictions of 8 the Stipulated Protective Order filed in this Action. I have been given a copy of the 9 Stipulated Protective Order; I have read it; and, I agree to be bound by its terms. I 10 understand that Protected Material as defined in the Stipulated Protective Order, 11 including any notes or other records that may be made regarding any such materials, 12 shall not be disclosed to anyone, except as expressly permitted by the Stipulated 13 Protective Order. I will not copy or use, except solely for the purposes of this Action, 14 any Protected Material obtained pursuant to the Stipulated Protective Order, except as 15 provided therein or otherwise ordered by the Court in the Action. I further understand 16 that I am to retain all copies of all Protected Material provided to me in a secure manner, 17 and that all copies of such Protected Material are to remain in my personal custody and 18 control until termination of my participation in this Action, whereupon the copies of 19 such Materials will be returned to counsel who provided me with such Material. 20 Dated: ______________ ________________________________ 21 Signature ________________________________ 22 Print Name ________________________________ 23 Title ________________________________ [24] Address 25 ________________________________ City, State, Zip 26 ________________________________ Telephone Number [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 16 PROTECTIVE ORDER Case 2:22-cv-01488-SVW-JEM Document 30 Filed 06/01/22 Page 17 of 17 Page ID #:656 [1] 4889-8261-2002.5 / 112144-1001 [28] LITTLER MENDELSON, P.C. Los2 0 A4 n9 g 3eC 1lee5 0snt .h,5t u 5CFr 3y Al .o 0Po 39ar 00 r 8k 0 6E 7a .3st 1 07 17 PROTECTIVE ORDER