Timothy Weaver v. Target Corporation

] — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — — 8 — UNITED STATES DISTRICT COURT — 9 — CENTRAL DISTRICT OF CALIFORNIA — EASTERN DIVISION — 10 — — 11 — TIMOTHY WEAVER, an individual, Case No. 5:22-cv-01218-DMG (KKx) — 12 — Plaintiff, ASSIGNED TO HON. DOLLY M. 13 GEE FOR ALL PURPOSES V. 14 ASSIGNED TO HON. KENLY KIYA TARGET CORPORTION; and DOES 1 KATO FOR DISCOVERY MATTERS 15 | through 50, PROF OSED| ORDER RE: 16 Defendants. TIPULATED PROTECTIVE ORDER — 17 — Trial: February 27, 2024 18 Complaint filed in State Court: March 18, 2022, San Bernardino County 19 Supenor Court Case No. CIV S 2206520 — 20 — 1V. [BROROSER] ORDER 22 Pursuant to the attached Stipulation of the Parties and for good cause 23 | shown, 24 IT IS SO ORDERED. — 25 — 26 | Dated: May 16, 2023 Le Ke | | | 17 HON. KENLY KIYA KATO United States Magistrate Judge 28 |} 4864-7165-9108.1 / 052067-1709 1 | Jack Bazerkanian, Bar No. 299031 James Shin, Bar No. 299101 2 | Tiffany Ariavand, Bar No. 331136 C&B LAW GROUP LLP . 3 || 2315 W. Burbank Blvd. Burbank, California 91506 4 || Telephone: 213.986.3430 Fax: 213.986.9860 5 | jack@cblawgroup.com ames(@cblaweroup.com 6 | tillany@cblawgroup.com 7 || Attorneys for Plaintiff TIMOTHY WEAVER — 8 — 9 | Irene V. Fitzgerald, Bar No. 266949 Vanessa M. Cohn, Bar No. 314619 10 || Caroline Lutz, Bar No. 274836 LITTLER MENDELSON, P.C. 11 | 5200. Palm Ave., Ste. 302 Fresno, California 93704 12 | Telephone: 559.244.7500 Fax: 559.244.7525 13 || ifitzgerald@littler.com vcohn(@)littler.com 14 clutz@ littler.com 15 || Attorneys for Defendant TARGET CORPORATION l 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA — EASTERN DIVISION — 19 — 20 | TIMOTHY WEAVER, an individual, Case No. 5:22-cv-01218-DMG (KKx) 21 Plaintiff, ASSIGNED TO HON. DOLLY M. GEE FOR ALL PURPOSES 22 Vv. ASSIGNED TO HON. KENLY KIYA 23 TARGET CORPORTION; and DOES 1 KATO FOR DISCOVERY MATTERS rou ; 24 STIPULATED PROTECTIVE Defendants. ORDER AND [FROPOSED] 25 ORDER THEREON 26 Trial: TBD Complaint filed in State Court: March 27 18, 2022, San Bernardino County Superior Court Case No. CIV S 28 2206520 l Pursuant to Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, Civil 2 | Local Rule 7-1, and the Court’s Procedures regarding Stipulated Protective Orders, 3 | Plaintiff TIMOTHY WEAVER (‘Plaintiff’) and Defendant TARGET 4 | CORPORATION (“Defendant”) (collectively, “Plaintiff” and “Defendant” are referred 5 | to as the “Parties” or “Party”), by and through their counsel of record, hereby stipulate 6 | and agree to the terms of the following Stipulated Protective Order (the “Agreement”) 7 | governing the discovery and disclosure of confidential information in the above8 || captioned action and conditioned upon the issuance of an order thereon. To address 9 | potential concerns over the discovery of confidential information, while at the same 10 || time permitting discovery to proceed as fairly and efficiently as possible, the Parties 11 | enter into this Agreement, and stipulate as follows: 12 I. PURPOSE AND LIMITATIONS OF THIS STIPULATED PROTECTIVE 13 ORDER 14 Discovery in this action is likely to involve production of confidential, 15 | proprietary or private information for which special protection from public disclosure 16 | and from use for any purpose other than prosecuting this litigation may be warranted. 17 | Accordingly, the Parties hereby stipulate to and petition the Court to enter the following 18 || Stipulated Protective Order. The Parties acknowledge that any Order granting this 19 | Stipulated Protective Order does not confer blanket protections on all disclosures or 20 || responses to discovery and that the protection it affords from public disclosure and use 2! || extends only to the limited information or items that are entitled to confidential 22 | treatment under the applicable legal principles. 1. GOOD CAUSE EXISTS FOR GRANTING THIS STIPULATED 24 PROTECTIVE ORDER 25 This action is likely to involve confidential, proprietary, and private 26 | commercial information and other valuable research, development, commercial, 27 || financial, technical and/or proprietary information for which special protection from 28 || public disclosure and from use for any purpose other than prosecution and defense of 1 | this action is warranted. Such confidential and proprietary materials and information 2|| consist of, among other things, confidential business or financial information, 3 || information regarding confidential business practices, or other confidential research, 4 || development, or commercial information (including information implicating privacy 5 | rights of third parties), information otherwise generally unavailable to the public, or 6 || which may be privileged or otherwise protected from disclosure under state or federal 7 | statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow 8 | of information, to facilitate the prompt resolution of disputes over confidentiality of 9 | discovery materials, to adequately protect information the Parties are entitled to keep 10 | confidential, to ensure that the Parties are permitted reasonable necessary uses of such 11 || material in preparation for and in the conduct of trial, to address their handling at the 12 | end of the litigation, and serve the ends of justice, a protective order for such 13 || information is justified in this matter. 14 It is the intent of the Parties that information will not be designated as 15 || confidential for tactical reasons and that nothing be so designated without a good faith 16 || belief that it has been maintained in a confidential, non-public manner, and there is good 17 | cause why it should not be part of the public record of this case. Here, the Parties’ 18 || request for a protective order is made for good cause in that it is particularized, specific, 19 || and narrowly tailored to disclosure in this action of certain confidential, proprietary, 20 || and private business information of the Parties and third parties, such as the personnel 21 || records of employees, sales information, data, and strategies, profit and loss data and 22 || information, customer information, process management and policies, and other such 23 | relevant confidential information relevant to this litigation as set forth in Section III.A.2. 24 || herein below. Fed Rules Civ Proc R 26(c)(1)(G); Blankenship v. Hearst Corp., 519 F.2d 25 | 418, 429 (9th Cir. 1975); Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 , 1130 26 | (9th Cir. 2003); Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th 27 || Cir. 2006); see Nutratech, Inc. v. Syntech (SSPF) Int'l, Inc., 242 FRD 552, 555, fn. 4 28 | (C.D. Cal. 2007). Specifically with respect to personnel records, it is the Parties’ 1 | intention that employees of Defendant’s names, dates of employment, disciplinary 2 || histories, reasons for separation or termination, last-known contact information, and 3 | other similar identifying information of a private nature, which would prove to be 4 || embarrassing if publicly available, be safeguarded as “Confidential” under the 5 | requested Stipulated Protective Order. Indeed, haphazard placement of such sensitive 6 | and private information in the public record could result in improper use of the material 7 | for scandalous or libelous purposes as an unintended consequence of this litigation and 8 || undermine the inherent authority of this Court, considerations which greatly outweigh 9 | the public interest in this matter. Phillips ex rel. Ests. of Byrd v. Gen. Motors Corp., 307 10 || F.3d 1206, 1213 (9th Cir. 2002); Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 11 } 1995), 12 As such, good cause exists for granting the requested Stipulated Protective 13 || Order in connection with discovery in this action given the Parties’ representation that 14 || such information will be sought for a legitimate purpose to further the respective claims 15 || and defenses in this matter, including as it pertains to law and motion practice. 16 || See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 787-791 (3rd Cir. 1994); see also 17 || In re Roman Catholic Archbishop of Portland in Oregon, 661 F.3d 417, 424 (9th Cir. 18 | 2011). Further, in the absence of such an order, unfettered disclosure of the foregoing 19 | information will result in injury to the Parties and third parties, including unwarranted 20 | violations of their privacy, which will also cause them unjustified embarrassment. Id. 21 || In comparison, the burden on the Parties to preserve the confidentiality of proprietary 22 || business information and private information of the Parties and third parties will be 23 || minimal as the information to be disclosed is anticipated to be readily ascertainable and 24 || finite as to time and form in the context of the alleged wrongful employment conduct 25 || at issue in this action. See In re Coordinated Pretrial Proceedings in Petroleum Products 26 | Antitrust Litig., 669 F.2d 620, 623 (10th Cir. 1982); see also Wood v. McEwen, 644 27 || F.2d 797, 801-802 (9th Cir. 1981). 28 | /// l WHERETOFORE, the Parties stipulate as follows: 2] UI. STIPULATED PROTECTIVE ORDER 3 A. Definitions 4 l. “Designator” and “Designating Party” shall mean the Party 5 | producing materials under this Agreement or any other party or person claiming an 6 | interest in the confidential and/or proprietary nature of the information sought or 7 || disclosed. 8 2. “Confidential Information” shall include documents or information 9 || which the Designating Party or non-party believes in good faith contain material 10 || constituting trade secrets, or other confidential or proprietary research, development, 11 | technical, financial, commercial or business information, or information protected from 12 || disclosure by laws or regulations, which is unavailable to the public, not readily 13 | available from other sources and which is treated by the Designating Party or non-party 14 | as confidential and not disclosed to others. Confidential Information includes, but is not 15 | limited to, information related to supply distribution, sales, management processes and 16 | policies, training materials, product information, personnel information, profit and loss 17 || information, inventory strategy, product costs, gross profit margins, selling strategies, 18 | supplier information, customer information, trade secrets, special formulas, company 19 || security matters, customer lists, financial data, projected sales data, production data, 20 || matters relating to mergers and acquisitions, development strategies and plans, data 21 || which touch upon the topic of price, budgeting and plans, customers, margins, payroll, 22 || pricing, products sales history, and projections. Confidential Information may also refer 23 to private health or medical information of the Parties, third-parties or the corporate 24 | parties’ employees. Confidential Information shall also mean and include (i) any 25 || information copied or extracted from Confidential Information; (ii) all copies, excerpts, 26 || summaries, or compilations of Confidential Information; and (iii) any testimony, 27 || conversations, or presentations by Parties or their Counsel that might reveal 28 || Confidential Information. l 3. “Requesting Party” shall mean the party or parties seeking access to 2 || the documents or other information designated as Confidential Information. 3 B. Procedure for Identification of Confidential Information 4 1. With respect to physical documents or copies, the Designator shall 5 | identify Confidential Information by placing or affixing the word: “CONFIDENTIAL” 6 || on the document containing the Confidential Information in a manner that will not 7 || interfere with its legibility, or by otherwise designating Bates stamp numbers or 8 || categories of documents on the transmittal letter or discovery responses. 9 2. A Designator will identify Confidential Information prior to, or 10 || contemporaneously with, the production or disclosure of that information in this matter. 1] 3. The Parties may mark answers to interrogatories or written 12 || responses to other discovery requests as confidential by placing or affixing the word: 13 | “CONFIDENTIAL” on the document containing the Confidential Information in a 14 | manner that will not interfere with its legibility, or by otherwise designating the 15 || response as confidential within the discovery responses. 16 4. Within thirty (30) days after receipt of a deposition or hearing 17 || transcript, a Party may designate as Confidential specific portions of or exhibits to the 18 | transcript in accordance with this Agreement. This designation shall be in writing and 19 | served upon all counsel. Transcripts will be treated as Confidential for this 30-day 20 || period. Any portions of a transcript designated Confidential shall thereafter be treated 21 as such in accordance with this Agreement. Portions of transcripts that contain 22 || Confidential Information shall be so designated by the party or parties filing said record 23 || by affixing the Confidentiality Legend on each page of the transcript containing such 24 || Material. 25 5. With respect to any electronic data stored, searched or produced 26 || electronically, the Parties may designate the data or information as confidential in any 27 || manner reasonable under the circumstances. 28 | /// l C. Effect of Designation as Confidential 2 l. The terms sections III.C.2 and 3 of the Stipulated Protective 3 || Order herein below shall not apply to this Court and its personnel, who are 4 || subject to the Court’s internal procedures concerning the handling of material 5 || filed or lodged, including material filed or lodged under seal. 6 2. No Party to this Agreement, their counsel or persons identified in 7 | Paragraph 10 of this Agreement shall use or disclose information or documents 8 || designated as confidential under this Agreement for any purpose whatsoever other thar 9 | preparing for and conducting this proceeding, including any appeals. 10 3. The Parties to this Agreement and their counsel shall not disclose o1 11 || permit the disclosure of any documents or information designated as confidential undet 12 || this Agreement to any other person or entity, except in the following circumstances: — 13 — 14 a. Disclosure may be made to the Parties, a Party’s counsel and employees of a Party’s counsel, provided that any such employee of 15 counsel shall be advised of, and subject to, the provisions of this 16 Agreement; 17 b. Disclosure may be made to court reporters engaged to record 13 the proceedings in this action, provided that such court reporters to whom counsel makes a disclosure shall be advised of, and subject 19 to, the provisions of this Agreement; 20 c. Disclosure may be made to consultants, investigators, or experts employed by the Parties or their counsel to assist in preparation or trial this matter, provided that consultants, 22 investigators, or experts, prior to disclosure, shall agree in writing to 3 be bound by this Agreement; 24 d. Disclosure may be made to any other person if the Designator 5 agrees in writing to the disclosure; and 26 e. Disclosure may be made to witnesses at depositions taken in this proceeding, provided that, prior to disclosure the witness shall 27 . . . be advised of, and subject to, the provisions of this Agreement. — 28 — 1 4, The Parties acknowledge that this Agreement does not entitle them 2 || to file Confidential Information under seal. In the event a Party files any document 3 | designated as “Confidential Information,’ whether as an exhibit, attachment ot 4 | otherwise, or files pleadings or other court filings that contain, incorporate, or disclose 5 | Confidential Information, whether as an exhibit, attachment, or otherwise, such Party 6 | shall request that the document be filed under seal, pursuant to the terms of this 7 | Agreement and United States District Court, Central District of California Civil Local 8 | Rule 79-5. There is a strong presumption that the public has a right of access to judicial 9 || proceedings and records in civil cases. In connection with non-dispositive motions, 10 | good cause must be shown to support a filing under seal. See Kamakana v. City and 11 | County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 12 | Corp., 307 F.3d 1206 , 1210-1211 (9th Cir. 2002); Makar-Welbon v. Sony Electrics. 13 | Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 14 | good cause showing), and a specific showing of good cause or compelling reasons with 15 | proper evidentiary support and legal justification, must be made with respect to 16 || Confidential Information that a party seeks to file under seal. The Parties’ mere 17 || designation of Information as “Confidential” does not — without the submission of 18 | competent evidence by declaration, establishing that the material sought to be filed 19 | under seal qualifies as confidential, privileged, or otherwise protectable — constitute 20 || good cause. Further, if a Party requests sealing related to a dispositive motion or trial, 21 || then compelling reasons, not only good cause, for the sealing must be shown, and the 22 || relief sought shall be narrowly tailored to serve the specific interest to be protected. See 23 || Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item 24 || or type of information, document, or thing sought to be filed or introduced under seal 25 || in connection with a dispositive motion or trial, the Party seeking protection must 26 || articulate compelling reasons, supported by specific facts and legal justification, for the 27 | requested sealing order. Again, competent evidence supporting the application to file 28 || documents under seal must be provided by declaration. Any document that is not 1 | confidential, privileged, or otherwise protectable in its entirety will not be filed under 2 || seal if the confidential portions can be redacted. If documents can be redacted, then a 3 | redacted version for public viewing, omitting only the confidential, privileged, or 4 | otherwise protectable portions of the document, shall be filed. Any application that 5 || seeks to file documents under seal in their entirety should include an explanation of why 6 || redaction is not feasible. Should a Party or Designator’s request to file Confidential 7 || Information under seal be denied, the receiving party may file such Information in the 8 || public record, unless otherwise instructed by this Court. 9 5. Any use of Confidential Information at trial and court hearings anc 10 | proceedings shall be governed by the orders of the trial judge of this Court. Prior to any 11 | use of Confidential Information at hearings or the final hearing, the Parties shall consul 12 | with the Court as to the appropriate procedures to be used to protect the confidentiality 13 | of such Information. 14 6. If a court, administrative agency, or other tribunal subpoenas o 15 | orders production of stamped Confidential Information which a Party has obtainec 16 | under the terms hereof, such Party shall promptly notify the Party or other person □□□ 17 || designated the document as “Confidential” of the pendency of such subpoena or order 18 || Nothing in this Stipulated Protective Order shall be construed as authorizing o: 19 | encouraging a Party or Designator to disobey a lawful subpoena or court order issued ir 20 || another action. 21 D. Additional Protection of Documents 22 1. The Parties further agree to protection of privileged and otherwise 23 | protected documents and information against claims of waiver (including as against 24 | third parties and in other federal and state proceedings) as follows: 25 a. The disclosure or production of documents by a Party subject 26 to a legally recognized claim of privilege, including without 37 limitation the attorney-client privilege and the work-product doctrine, to a receiving party, shall in no way constitute the 28 voluntary disclosure of such document. I b. The inadvertent disclosure or production of any document ir > this action shall not result in the waiver of any privilege, evidentiary protection or other protection associated with such document as tc 3 the receiving party or any third parties, and shall not result in any 4 waiver, including subject matter waiver, of any kind. 5 c. If, during the course of this action, a Party determines that any 6 document produced by another Party is or may reasonably be subject to a legally recognizable privilege or evidentiary protectior 7 (“Protected Document”): 8 1. the receiving party shall: (A) refrain from reading the 9 Protected Document any more closely than is necessary tc ascertain that it is privileged or otherwise protected from 10 . . . . . . disclosure; (B) immediately notify the producing party in 1] writing that it has discovered Documents believed to be 1D privileged or protected; (C) specifically identify the Protected Documents by Bates number range, and, (D) within ten (10) 13 days of discovery by the receiving party, return, sequester, o1 14 destroy all copies of such Protected Documents, along with any notes, abstracts or compilations of the content thereof. Tc 15 the extent that a Protected Document has been loaded into □ 16 litigation review database under the control of the receiving party, the receiving party shall have all electronic copies ot 17 the Protected Document extracted from the database. Where 18 such Protected Documents cannot be destroyed or separated. they shall not be reviewed, disclosed, or otherwise used by 19 the receiving party. Further, the receiving party is under nc 20 obligation to search or review the producing party’s Documents to identify potentially privileged or work product 21 Protected Documents. Notwithstanding this provision 2 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 23 transcripts, legal memoranda, correspondence, deposition and 4 trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials 25 contain Confidential Information. 26 li. If the producing party intends to assert a claim of! 27 privilege or other protection over Documents identified by the 28 receiving party as Protected Documents, the producing party shall, within ten (10) days of receiving the receiving party’s l written notification described above, inform the receiving 2 party of such intention in writing and shall provide the receiving party with a log for such Protected Documents that 3 is consistent with the requirements of the Federal Rules of 4 Civil Procedure, setting forth the basis for the claim of privilege or other protection. In the event that any portion of 5 a Protected Document does not contain privileged or 6 protected information, the producing party shall also provide to the receiving party a redacted copy of the document that 7 omits the information that the producing party believes is 8 subject to a claim of privilege or other protection. 9 d. If, during the course of this action, a Party determines it has 10 produced a Protected Document: 11 1. The producing party may notify the receiving party of such inadvertent production in writing, and demand the return of such Documents. Such notice shall be in writing, however, 13 it may be delivered orally on the record at a deposition, 14 promptly followed up in writing. The producing party’s written notice will identify the Protected Document 15 inadvertently produced by bates number range, the privilege 16 or protection claimed, and the basis for the assertion of the privilege and shall provide the receiving party with a log for 17 such Protected Documents that is consistent with the 18 requirements of the Federal Rules of Civil Procedure, setting forth the basis for the claim of privilege or other protection. 19 In the event that any portion of the Protected Document does 0 not contain privileged or protected information, the producing party shall also provide to the receiving party a redacted copy 21 of the Document that omits the information that the producing party believes is subject to a claim of privilege or other protection. — 23 — li. The receiving party must, within ten (10) days of receiving the producing party’s written notification described 25 above, return, sequester, or destroy the Protected Document 2% and any copies, along with any notes, abstracts or compilations of the content thereof. To the extent that a 27 Protected Document has been loaded into a litigation review 28 database under the control of the receiving party, the I receiving party shall have all electronic copies of the Protected Document extracted from the database. 3 e. To the extent that the information contained in a Protectec 4 Document has already been used in or described in other Documents generated or maintained by the receiving party prior to the date of! 5 receipt of written notice by the producing party as set forth in 6 paragraphs (c)(ii) and d(i) of this Paragraph, then the receiving party shall sequester such Documents until the claim has been resolved. 7 If the receiving party disclosed the Protected Document before 8 being notified of its inadvertent production, it must take reasonable steps to retrieve it. — 9 — 10 f. The receiving party’s return, sequestering or destruction of Protected Documents as provided herein will not act as a waiver of 1] the requesting party’s right to move for the production of the returned, sequestered or destroyed documents on the grounds that the documents are not, in fact, subject to a viable claim of privilege 13 or protection. Any such motion shall comply with United States 14 District Court, Central District of California Civil Local Rules 37-1 and 37-2, including the Joint Stipulation requirement. However, the 15 receiving party is prohibited and estopped from arguing that: 16 1. the disclosure or production of the Protected 17 Documents acts as a waiver of an applicable privilege or 18 evidentiary protection; 19 il. the disclosure of the Protected Documents was not inadvertent; — 20 — 1 iii. the producing party did not take reasonable steps to prevent the disclosure of the Protected Documents; or 23 iv. the producing party failed to take reasonable or timely steps to rectify the error. — 24 — 25 g. Any Party and Designator may submit Protected Documents to the Court under seal for a determination of the claim of privilege 26 or other protection. Any such motion shall comply with United States District Court, Central District of California Civil Local Rules 37-1 and 37-2, including the Joint Stipulation requirement, as well 28 as Civil Local Rule 79-5. The producing party shall preserve the l Protected Documents until such claim is resolved. The receiving 2 party may not use the Protected Documents for any purpose absent order of the Court. Confidential Information may only be filed □□□□ 3 seal pursuant to a separate court order authorizing the sealing of the 4 specific Confidential Information at issue. Should a Party o1 Designator’s request to file Confidential Information under seal be 5 denied, the receiving party may file such Information in the public 6 record, unless otherwise instructed by this Court. 7 h. Upon a determination by the Court that the Protected 8 Documents are protected by the applicable privilege or evidentiary protection, and if the Protected Documents have been sequestered 9 rather than returned or destroyed by the receiving party, the 10 Protected Documents shall be returned or destroyed within ten (10) days of the Court’s order. The Court may also order the identification by the receiving party of Protected Documents by 2 search terms or other means. 13 1. Nothing contained herein is intended to, or shall serve to limit, 14 a Party’s right to conduct a review of Documents, data (including electronically stored information) and other information, including 15 without limitation, metadata, for relevance, responsiveness or the 16 segregation of privileged or protected information before such information is produced to another Party. — 17 — 18 E. Information Security Protections 19 Any person in possession of another Party’s Confidential Information 20 | shall maintain a written information security program that includes reasonable 21 | administrative, technical, and physical safeguards designed to protect the security 22 | andconfidentiality of such Confidential Information, protect against any reasonably 23 || anticipated threats or hazards to the security of such Confidential Information, and 24 || protect against unauthorized access to or use of such Confidential Information. To 25 | the extent a person or Party does not have an information security program, they 26 | may comply with this provision by having the Confidential Information managed by 27 | and/or stored with eDiscovery vendors or claims administrators that maintain such 28 | an information security program. ‘ l If the Receiving Party discovers a breach of security, including any 2 || actual or suspected unauthorized access, relating to another Party’s Confidential 3 | Information, the Receiving Party shall: (1) promptly provide written notice tc Designating Party of such breach; (2) investigate and take reasonable efforts tc 5 || remediate the effects of the breach, and provide Designating Party with assurances 6 || reasonably satisfactory to Designating Party that such breach shall not recur; anc 7 || (3) provide sufficient information about the breach that the Designating Party car 8 || reasonably ascertain the size and scope of the breach. Further, if required by any 9 | judicial or governmental request, requirement or order to disclose such information. 10 | the Receiving Party shall take all reasonable steps to give the Designating Party 11 | sufficient prior notice in order to contest such request, requirement or order through 12 | legal means. The Receiving Party agrees to cooperate with the Designating Party □□ 13 || law enforcement in investigating any such security incident. In any event, the 14 | Receiving Party shall promptly take all necessary and appropriate corrective action tc 15 | terminate the unauthorized access. 16 The terms of this section of the Stipulated Protective Order shall not 17 | apply to this Court and its personnel, who are subject to the Court’s interna! 18 | procedures concerning the handling of material filed or lodged, including 19 || material filed or lodged under seal. 20 F. Additional Provisions 21 l. Notwithstanding this Agreement, neither Party waives its right tc 22 || seek further relief from the Court on the grounds that: (i) the designated Confidentia 23 || Information is not a trade secret or confidential and proprietary and should not be 24 || restricted by this Agreement; or (ii) the designated Confidential Information require: 25 || protection greater than that afforded by this Agreement. Failure to contest or object to 26 | Party’s designation of certain information or documents as Confidential Informatior 27 | shall not constitute an admission, waiver or estoppel that the information or documen 28 | is actually a trade secret or confidential and proprietary for any other purpose 1 | procedural or substantive. Any motion challenging a Party’s designation of material a: 2 || Confidential Information, for the production of documents, for a determination of < 3 | claim or privilege or other protection, or seeking to modify or amend this Stipulatec 4 | Protective Order must be brought in strict compliance with United States District Court 5 | Central District of California Local Rules 37-1 and 37-2, including the Joint Stipulatior 6 || requirement. 7 2. Within 60 days of the conclusion of this proceeding, including any 8 || appeals, all materials and all copies which have been designated as confidential unde: 9 || this Agreement, shall be promptly returned to the Designator’s counsel or destroyed. 10 3. This Agreement is only intended to facilitate discovery of document: 11 | and information claimed to be Confidential Information and to foreclose any argument: 12 | of waiver concerning the inadvertent disclosure or production of documents subject tc 13 || a legally-recognized claim of privilege. It is not intended to resolve any objections tc 14 | discovery, including those with respect to relevance, privilege, overbreadth, or undue 15 | burden. 16 4. It is the intent of this Agreement to not limit the Parties’ ability tc 17 | litigate this matter and to use the materials produced as is appropriate under the law 18 | while allowing the Parties to protect from public disclosure their Confidentia 19 | Information. 20 5. This Agreement shall survive any verdict, settlement, judgment, or 21 || other disposition or conclusion of this action and any appeals. 22 | /// 23 || /// 24 || /// 25 | // 26 | /// 27 | MM 28 | // 1 IT IS SO STIPULATED. — 2 — 3 Dated: May 10, 2023 C&B LAW GROUP LLP — 4 — 5 Jack Bazerkarfian James Shin 6 Tiffany Ariavand | □□□ oe Plaintiff 7 TIMO WEAVER — 8 — 9 | Dated: May 45,2023 LITTLER MENDELSON, P.C. 10 Cy — 11 — 12 Irene V. F itzgetald Vanessa M. Cohn 13 Caroline Lutz for Defendant 14 TARGET CORPORATION — 15 — 16 ATTESTATION 7 Pursuant to Civil Local Rule 5-4.3.4(a)(2)(i), the filer of this document 8 attests that all other signatories listed, and on whose behalf the filing is submitted, ig | Concur in the filing’s content and have authorized the filing. 29 | Dated: May 15 _, 2023 LITTLER MENDELSON, P.C. — 22 — Trene V. ieee 23 Vanessa M. Cohn Caroline Lutz 24 ao for Defendant TARGET CORPORATION — 25 — — 26 — — 27 — — 28 — 1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a party 3 to the within action. My business address is 5200 North Palm Avenue, Suite 302, Fresno, California 4 93704.2225. On May 15, 2023, I served the within document(s): 5 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER THEREON — 6 —  by facsimile transmission at or about __________ on that date. This document was 7 transmitted by using a facsimile machine that complies with California Rules of Court Rule 2003(3), telephone number . The transmission was reported as complete 8 and without error. A copy of the transmission report, properly issued by the transmitting machine, is attached. The names and facsimile numbers of the person(s) 9 served are as set forth below. — 10 — 11  by placing a true copy of the document(s) listed above for collection and mailing following the firm’s ordinary business practice in a sealed envelope with postage 12 thereon fully prepaid for deposit in the United States mail at Fresno, California addressed as set forth below. — 13 —  by depositing a true copy of the same enclosed in a sealed envelope, with delivery 14 fees provided for, in an overnight delivery service pick up box or office designated for overnight delivery, and addressed as set forth below. — 15 —  by personally delivering the document(s) listed above to the person(s) at the 16 address(es) set forth below. 17  Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e18 mail addresses on the attached service list on the dates and at the times stated thereon. I did not receive, within a reasonable time after the transmission, any electronic 19 message or other indication that the transmission was unsuccessful. The electronic notification address of the person making the service is jdrudge@littler.com. — 20 — Jack Bazerkanian, Esq. — 21 — James Shin, Esq. 22 Frederick Stoker, Esq. Tiffany Ariavand, Esq. 23 C&B LAW GROUP LLP 2315 W. Burbank Blvd. 24 Burbank, CA 91506 Tel: 213.986.3430 — 25 — Fax: 213.986.9860 26 Email: Jack@cblawgroup.com james@cblawgroup.com 27 frederick@cblawgroup.com Tiffany@cblawgroup.com — 28 — ] I am readily familiar with the firm's practice of collection and processing 2 || correspondence for mailing and for shipping via overnight delivery service. Under that practice it 3 | would be deposited with the U.S. Postal Service or if an overnight delivery service shipment, deposited 4 || in an overnight delivery service pick-up box or office on the same day with postage or fees thereon 5 | fully prepaid in the ordinary course of business. 6 I declare that I am employed in the office of a member of the bar of this court at whose 7 || direction the service was made. Executed on May 15, 2023, at Fresno, California. — 8 — 9 Cesc A. Druccl pe 10 Jennifer A. Drudge 4gs6-3976-2213.1 / 052067-1709 — 12 — — 13 — — 14 — — 15 — — 16 — — 17 — — 18 — — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 — toa. 2005 2 PROOF OF SERVICE