Charay Morris v. M and C Hotel Interests, Inc.

1 LlgOiaNmNelIaE@ Df.i sGheIArpMhiEllLipAs.,c SomBN 228435 2 ANET DRAPALSKI, SBN 282086 adrapalski@fisherphillips.com 3 FISHER & PHILLIPS LLP 444 South Flower Street, Suite 1500 4 Los Angeles, California 90071 Telephone: (213) 330-4500 5 Facsimile: (213) 330-4501 6 Attorneys for Defendants M&C HOTEL INTERESTS, INC. dba MILLENNIUM 7 BILTMORE HOTEL LOS ANGELES and JIMMY WU [8] BRIANA M. KIM (SBN 255966) 9 briana@brianakim.com BRIANA KIM, PC 10 249 East Ocean Boulevard, Suite 814 Long Beach, California 90802 11 Telephone: (714) 482-6301 Facsimile: (714) 482-6302 [12] Attorney for Plaintiff 13 CHARAY MORRIS [14] 15 UNITED STATES DISTRICT COURT 16 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION [17] 18 CHARAY MORRIS, an individual, Case No: 2:20-CV-07544-JAK-E 19 Plaintiff, Assigned for all purposes to the Honorable John A. Kronstadt 20 v. 21 MILLENNIUM BILTMORE HOTEL JOINT STIPULATED PROTECTIVE LOS ANGELES, a business entity ORDER 22 form unknown; JIMMY WU, an individual; and DOES 1 through 10, 23 inclusive, Complaint Filed: June 22, 2020 24 Defendants. Trial Date: None Set [28] 1 I. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, Plaintiff CHARAY MORRIS and Defendant M&C 6 HOTEL INTERESTS, INC. (collectively “the Parties”) hereby stipulate to and 7 petition the Court to enter the following Stipulated Protective Order. The parties 8 acknowledge that this Order does not confer blanket protections on all disclosures 9 or responses to discovery and that the protection it affords from public disclosure 10 and use extends only to the limited information or items that are entitled to 11 confidential treatment under the applicable legal principles. The parties further 12 acknowledge, as set forth in Section XIII(C), below, that this Stipulated Protective 13 Order does not entitle them to file confidential information under seal; Civil Local 14 Rule 79-5 sets forth the procedures that must be followed and the standards that 15 will be applied when a party seeks permission from the Court to file material under 16 seal. 17 II. GOOD CAUSE STATEMENT 18 This action is likely to involve trade secrets, customer and pricing lists and 19 other valuable research, development, commercial, financial, technical and/or 20 proprietary information for which special protection from public disclosure and 21 from use for any purpose other than prosecution of this action is warranted. Such 22 confidential and proprietary materials and information consist of, among other 23 things, confidential business or financial information, information regarding 24 confidential business practices, or other confidential research, development, or 25 commercial information (including information implicating privacy rights of third 26 parties), information otherwise generally unavailable to the public (e.g., names, 27 addresses, and other contact information for Defendants’ employees and agents), 28 or which may be privileged or otherwise protected from disclosure under state or 1 federal statutes, court rules, case decisions, or common law. Accordingly, to 2 expedite the flow of information, to facilitate the prompt resolution of disputes over 3 confidentiality of discovery materials, to adequately protect information the parties 4 are entitled to keep confidential, to ensure that the parties are permitted reasonable 5 necessary uses of such material in preparation for and in the conduct of trial, to 6 address their handling at the end of the litigation, and serve the ends of justice, a 7 protective order for such information is justified in this matter. It is the intent of the 8 parties that information will not be designated as confidential for tactical reasons 9 and that nothing be so designated without a good faith belief that it has been 10 maintained in a confidential, non-public manner, and there is good cause why it 11 should not be part of the public record of this case. 12 III. DEFINITIONS 13 A. Action: The above-entitled case styled Charay Morris v. M&C Hotel 14 Interests, Inc. dba Millennium Biltmore Hotel Los Angles, pending before the 15 United States District Court for the Central District of California, Case No. 2:2016 cv-07544-JAK-E, removed from the Superior Court of California County of Los 17 Angeles, Case No. 20STCV23491. 18 B. Challenging Party: A Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 C. “CONFIDENTIAL” Information or Items: Information (regardless of 21 how it is generated, stored or maintained) or tangible things that qualify for 22 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 23 the Good Cause Statement. 24 D. Counsel: Outside Counsel of Record and House Counsel (as well as 25 their support staff). 26 E. Designating Party: A Party or Non-Party that designates information 27 or items that it produces in disclosures or in responses to discovery as 28 “CONFIDENTIAL.” 1 F. 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 4 or generated in disclosures or responses to discovery in this matter. 5 G. 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 7 as an expert witness or as a consultant in this Action. 8 H. House Counsel: Attorneys who are employees of a party to this 9 Action. House Counsel does not include Outside Counsel of Record or any other 10 outside counsel. 11 I. Non-Party: Any natural person, partnership, corporation, association, 12 or other legal entity not named as a Party to this action. 13 J. Outside Counsel of Record: Attorneys who are not employees of a 14 party to this Action but are retained to represent or advise a party to this Action and 15 have appeared in this Action on behalf of that party or are affiliated with a law firm 16 which has appeared on behalf of that party, and includes support staff. 17 K. Party: Any party to this Action, including all of its officers, directors, 18 employees, consultants, retained experts, and Outside Counsel of Record (and their 19 support staffs). 20 L. Producing Party: A Party or Non-Party that produces Disclosure or 21 Discovery Material in this Action. 22 M. Professional Vendors: Persons or entities that provide litigation 23 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 24 demonstrations, and organizing, storing, or retrieving data in any form or medium) 25 and their employees and subcontractors. 26 N. Protected Material: Any Disclosure or Discovery Material that is 27 designated as “CONFIDENTIAL.” 28 /// 1 O. Receiving Party: A Party that receives Disclosure or Discovery 2 Material from a Producing Party. 3 IV. SCOPE 4 A. The protections conferred by this Stipulation and Order cover not only 5 Protected Material (as defined above), but also (1) any information copied or 6 extracted from Protected Material; (2) all copies, excerpts, summaries, or 7 compilations of Protected Material; and (3) any testimony, conversations, or 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 However, the protections conferred by this Stipulation and Order do not cover the 10 following information: (a) any information that is in the public domain at the time 11 of disclosure to a Receiving Party or becomes part of the public domain after its 12 disclosure to a Receiving Party as a result of publication not involving a violation 13 of this Order, including becoming part of the public record through trial or 14 otherwise; and (b) any information known to the Receiving Party prior to the 15 disclosure or obtained by the Receiving Party after the disclosure from a source 16 who obtained the information lawfully and under no obligation of confidentiality 17 to the Designating Party. 18 B. Any use of Protected Material at trial shall be governed by the orders 19 of the trial judge. This Order does not govern the use of Protected Material at trial. 20 V. DURATION 21 Once the action proceeds to trial, all of the information that was designated 22 as “CONFIDENTIAL” or maintained pursuant to this Protective Order becomes 23 public and will be presumptively available to all members of the public, including 24 the press, unless compelling reasons supported by specific factual findings to 25 proceed otherwise are made to the trial judge in advance of the trial. See Kamakana 26 v. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) 27 (distinguishing “good cause” showing for sealing documents produced in discovery 28 from “compelling reasons” standard when merits-related documents are part of 1 court record). Accordingly, the terms of this Protective Order do not extend beyond 2 the commencement of the trial. 3 VI. DESIGNATING PROTECTED MATERIAL 4 A. Exercise of Restraint and Care in Designating Material for Protection 5 1. Each Party or Non-Party that designates information or items 6 for protection under this Order must take care to limit any such designation 7 to specific material that qualifies under the appropriate standards. The 8 Designating Party must designate for protection only those parts of material, 9 documents, items, or oral or written communications that qualify so that 10 other portions of the material, documents, items, or communications for 11 which protection is not warranted are not swept unjustifiably within the 12 ambit of this Order. 13 2. Mass, indiscriminate, or routinized designations are prohibited. 14 Designations that are shown to be clearly unjustified or that have been made 15 for an improper purpose (e.g., to unnecessarily encumber the case 16 development process or to impose unnecessary expenses and burdens on 17 other parties) may expose the Designating Party to sanctions. 18 3. If it comes to a Designating Party’s attention that information 19 or items that it designated for protection do not qualify for protection, that 20 Designating Party must promptly notify all other Parties that it is 21 withdrawing the inapplicable designation. 22 B. Manner and Timing of Designations 23 1. Except as otherwise provided in this Order (see, e.g., Section 24 B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or 25 Discovery Material that qualifies for protection under this Order must be 26 clearly so designated before the material is disclosed or produced. 27 2. Designation in conformity with this Order requires the 28 following: 1 a. For information in documentary form (e.g., paper or 2 electronic documents, but excluding transcripts of depositions or 3 other pretrial or trial proceedings), that the Producing Party affix at a 4 minimum, the legend “CONFIDENTIAL” (hereinafter 5 “CONFIDENTIAL legend”), to each page that contains protected 6 material. If only a portion or portions of the material on a page 7 qualifies for protection, the Producing Party also must clearly identify 8 the protected portion(s) (e.g., by making appropriate markings in the 9 margins). 10 b. A Party or Non-Party that makes original documents 11 available for inspection need not designate them for protection until 12 after the inspecting Party has indicated which documents it would like 13 copied and produced. During the inspection and before the 14 designation, all of the material made available for inspection shall be 15 deemed “CONFIDENTIAL.” After the inspecting Party has 16 identified the documents it wants copied and produced, the Producing 17 Party must determine which documents, or portions thereof, qualify 18 for protection under this Order. Then, before producing the specified 19 documents, the Producing Party must affix the “CONFIDENTIAL 20 legend” to each page that contains Protected Material. If only a portion 21 or portions of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 c. For testimony given in depositions, that the Designating 25 Party identify the Disclosure or Discovery Material on the record, 26 before the close of the deposition all protected testimony. 27 d. For information produced in form other than document 28 and for any other tangible items, that the Producing Party affix in a 1 prominent place on the exterior of the container or containers in which 2 the information is stored the legend “CONFIDENTIAL.” If only a 3 portion or portions of the information warrants protection, the 4 Producing Party, to the extent practicable, shall identify the protected 5 portion(s). 6 C. Inadvertent Failure to Designate 7 1. An inadvertent failure to designate qualified information or 8 items does not, standing alone, waive the Designating Party’s right to secure 9 protection under this Order for such material so long as written notice of the 10 inadvertent failure to designate is provided within 60 days of discovery by 11 Designating Party of inadvertent failure to designate. Upon timely correction 12 of a designation, the Receiving Party must make reasonable efforts to assure 13 that the material is treated in accordance with the provisions of this Order. 14 This provision is not intended to apply to any inadvertent production of any 15 information or items protected by attorney-client or work product privileges. 16 No provision in this Order shall affect a Party’s right to object to the 17 designation of any document or other material as “CONFIDENTIAL” on 18 any ground that is available under applicable law. 19 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 20 A. Timing of Challenges 21 1. Any party or Non-Party may challenge a designation of 22 confidentiality at any time that is consistent with the Court’s Scheduling 23 Order. 24 B. Meet and Confer 25 1. The Challenging Party shall initiate the dispute resolution 26 process under Local Rule 37.1, et seq. 27 C. The burden of persuasion in any such challenge proceeding shall be 28 on the Designating Party. Frivolous challenges, and those made for an improper 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 2 parties) may expose the Challenging Party to sanctions. Unless the Designating 3 Party has waived or withdrawn the confidentiality designation, all parties shall 4 continue to afford the material in question the level of protection to which it is 5 entitled under the Producing Party’s designation until the Court rules on the 6 challenge. 7 VIII. ACCESS TO AND USE OF PROTECTED MATERIAL 8 A. Basic Principles 9 1. A Receiving Party may use Protected Material that is disclosed 10 or produced by another Party or by a Non-Party in connection with this 11 Action only for prosecuting, defending, or attempting to settle this Action. 12 Such Protected Material may be disclosed only to the categories of persons 13 and under the conditions described in this Order. When the Action has been 14 terminated, a Receiving Party must comply with the provisions of Section 15 XIV below (FINAL DISPOSITION). 16 2. Protected Material must be stored and maintained by a 17 Receiving Party at a location and in a secure manner that ensures that access 18 is limited to the persons authorized under this Order. 19 B. Disclosure of “CONFIDENTIAL” Information or Items 20 1. Unless otherwise ordered by the Court or permitted in writing 21 by the Designating Party, a Receiving Party may disclose any information or 22 item designated “CONFIDENTIAL” only to: 23 a. The Receiving Party’s Outside Counsel of Record in this 24 Action, as well as employees of said Outside Counsel of Record to 25 whom it is reasonably necessary to disclose the information for this 26 Action; 27 /// 28 /// 1 b. The officers, directors, and employees (including House 2 Counsel) of the Receiving Party to whom disclosure is reasonably 3 necessary for this Action; 4 c. Experts (as defined in this Order) of the Receiving Party 5 to whom disclosure is reasonably necessary for this Action and who 6 have signed the “Acknowledgment and Agreement to Be Bound” 7 (Exhibit A); 8 d. The Court and its personnel; 9 e. Court reporters and their staff; 10 f. Professional jury or trial consultants, mock jurors, and 11 Professional Vendors to whom disclosure is reasonably necessary or 12 this Action and who have signed the “Acknowledgment and 13 Agreement to be Bound” attached as Exhibit A hereto; 14 g. The author or recipient of a document containing the 15 information or a custodian or other person who otherwise possessed 16 or knew the information; 17 h. Any deposition, proceeding, or hearing witness who 18 previously has had access to the “CONFIDENTIAL” Information or 19 who is currently or was previously an officer, director, employee or 20 agent of an entity that has had access to the “CONFIDENTIAL” 21 Information. 22 i. During their depositions, witnesses, and attorneys for 23 witnesses, in the Action to whom disclosure is reasonably necessary 24 provided: (i) the deposing party requests that the witness sign the 25 “Acknowledgment and Agreement to Be Bound;” and (ii) they will 26 not be permitted to keep any confidential information unless they sign 27 the “Acknowledgment and Agreement to Be Bound,” unless 28 otherwise agreed by the Designating Party or ordered by the Court. 1 Pages of transcribed deposition testimony or exhibits to depositions 2 that reveal Protected Material may be separately bound by the court 3 reporter and may not be disclosed to anyone except as permitted under 4 this Stipulated Protective Order; 5 j. Any mediator or settlement officer, and their supporting 6 personnel, mutually agreed upon by any of the parties engaged in 7 settlement discussions. 8 C. Acknowledgement of procedure for filing under seal. 9 1. The Parties further acknowledge, as set forth in Section 12.3, 10 below, that this Stipulated Protective Order does not entitle them to file 11 confidential information under seal; Local Civil Rule 79-5 sets forth the 12 procedures that must be followed and the standards that will be applied when 13 a party seeks permission from the court to file material under seal. There is 14 a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive 16 motions, good cause must be shown to support a filing under seal. See 17 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 18 2006), Phillips v. Gen. Motors Corp,, 307 F.3d 1206 , 1210-11 (9th Cir. 19 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. 20 Wis. 1999 ) (even stipulated protective orders require good cause showing), 21 and a specific showing of good cause or compelling reasons with proper 22 evidentiary support and legal justification, must be made with respect to 23 Protected Material that a party seeks to file under seal. The Parties’ mere 24 designation of Disclosure or Discovery Material as CONFIDENTIAL does 25 not— without the submission of competent evidence by declaration, 26 establishing that the material sought to be filed under seal qualifies as 27 confidential, privileged, or otherwise protectable—constitute good cause. 28 /// 1 2. Further, if a Party requests sealing related to a dispositive motion 2 or trial, then compelling reasons, not only good cause, for the sealing must be 3 shown, and the relief sought shall be narrowly tailored to serve the specific 4 interest to be protected. See Pintos v. Pacific Creditors Ass'n., 605 F.3d 665 , 5 677-79 (9th Cir. 2010). For each item or type of information, document, or 6 thing sought to be filed or introduced under seal in connection with a 7 dispositive motion or trial, the Party seeking protection must articulate 8 compelling reasons, supported by specific facts and legal justification, for 9 the requested sealing order. Again, competent evidence supporting the 10 application to file documents under seal must be provided by declaration. 11 3. Any document that is not confidential, privileged, or otherwise 12 protectable in its entirety will not be filed under seal if the confidential 13 portions can be redacted. If documents can be redacted, then a redacted 14 version for public viewing, omitting only the confidential, privileged, or 15 otherwise protectable portions of the document, shall be filed. Any 16 application that seeks to file documents under seal in their entirety should 17 include an explanation of why redaction is not feasible. 18 IX. PROTECTED MATERIAL SUBPOENAED OR ORDERED 19 PRODUCED IN OTHER LITIGATION 20 A. If a Party is served with a subpoena or a court order issued in other 21 litigation that compels disclosure of any information or items designated in this 22 Action as “CONFIDENTIAL,” that Party must: 23 1. Promptly notify in writing the Designating Party. Such 24 notification shall include a copy of the subpoena or court order; 25 2. Promptly notify in writing the party who caused the subpoena 26 or order to issue in the other litigation that some or all of the material covered 27 by the subpoena or order is subject to this Protective Order. Such 28 notification shall include a copy of this Stipulated Protective Order; and 1 3. Cooperate with respect to all reasonable procedures sought to 2 be pursued by the Designating Party whose Protected Material may be 3 affected. 4 B. If the Designating Party timely seeks a protective order, the Party 5 served with the subpoena or court order shall not produce any information 6 designated in this action as “CONFIDENTIAL” before a determination by the 7 Court from which the subpoena or order issued, unless the Party has obtained the 8 Designating Party’s permission. The Designating Party shall bear the burden and 9 expense of seeking protection in that court of its confidential material and nothing 10 in these provisions should be construed as authorizing or encouraging a Receiving 11 Party in this Action to disobey a lawful directive from another court. 12 X. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 13 PRODUCED IN THIS LITIGATION 14 A. The terms of this Order are applicable to information produced by a 15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 16 produced by Non-Parties in connection with this litigation is protected by the 17 remedies and relief provided by this Order. Any such designation shall also 18 function as consent by such producing Non-Party to the authority of the Court in 19 the Action to resolve and conclusively determine any motion or other application 20 made by any person or Party with respect to such designation, or any other matter 21 otherwise arising under this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 B. In the event that a Party is required, by a valid discovery request, to 24 produce a Non-Party’s confidential information in its possession, and the Party is 25 subject to an agreement with the Non-Party not to produce the Non-Party’s 26 confidential information, then the Party shall: 27 /// 28 /// 1 1. Promptly notify in writing the Requesting Party and the Non2 Party that some or all of the information requested is subject to a 3 confidentiality agreement with a Non-Party; 4 2. Promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 3. Make the information requested available for inspection by the 8 Non-Party, if requested. 9 C. If the Non-Party fails to seek a protective order from this court within 10 14 days of receiving the notice and accompanying information, the Receiving Party 11 may produce the Non-Party’s confidential information responsive to the discovery 12 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 13 not produce any information in its possession or control that is subject to the 14 confidentiality agreement with the Non-Party before a determination by the court. 15 Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 A. If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Stipulated Protective Order, the Receiving Party must immediately (1) 21 notify in writing the Designating Party of the unauthorized disclosures, (2) use its 22 best efforts to retrieve all unauthorized copies of the Protected Material, (3) inform 23 the person or persons to whom unauthorized disclosures were made of all the terms 24 of this Order, and (4) request such person or persons to execute the 25 “Acknowledgment and Agreement to be Bound” that is attached hereto as Exhibit 26 A. 27 /// 28 /// 1 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR 2 OTHERWISE PROTECTED MATERIAL 3 A. When a Producing Party gives notice to Receiving Parties that certain 4 inadvertently produced material is subject to a claim of privilege or other 5 protection, the obligations of the Receiving Parties are those set forth in Federal 6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order that provides for 8 production without prior privilege review. Pursuant to Federal Rule of Evidence 9 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 10 of a communication or information covered by the attorney-client privilege or work 11 product protection, the parties may incorporate their agreement in the Stipulated 12 Protective Order submitted to the Court. 13 XIII. MISCELLANEOUS 14 A. Right to Further Relief 15 1. Nothing in this Order abridges the right of any person to seek 16 its modification by the Court in the future. This Order shall not be construed 17 to preclude either Party from asserting in good faith that certain 18 “CONFIDENTIAL” Information or Items require additional protection. The 19 Parties shall meet and confer to agree upon the terms of such additional 20 protection. 21 B. Right to Assert Other Objections 22 1. By stipulating to the entry of this Protective Order, no Party 23 waives any right it otherwise would have to object to disclosing or producing 24 any information or item on any ground not addressed in this Stipulated 25 Protective Order. Similarly, no Party waives any right to object on any 26 ground to use in evidence of any of the material covered by this Protective 27 Order. 28 /// 1 C. Filing Protected Material 2 1. A Party that seeks to file under seal any Protected Material must 3 comply with Civil Local Rule 79-5. Protected Material may only be filed 4 under seal pursuant to a court order authorizing the sealing of the specific 5 Protected Material at issue. If a Party's request to file Protected Material 6 under seal is denied by the Court, then the Receiving Party may file the 7 information in the public record unless otherwise instructed by the Court. 8 D. Waiver of Designating Party. 9 1. This Order is entered into without prejudice to the right of any 10 Party to knowingly waive the applicability of this Order to any 11 “CONFIDENTIAL” Information or Items designated by that Party. 12 E. Previously Produced Documents. 13 1. The Parties agree to be bound by the terms set forth herein 14 with regard to any “CONFIDENTIAL” information or items that have 15 been produced before the Court signs this Order. In the event that the Court 16 modifies this Order, or in the event that the Court enters a different 17 Protective Order, the Parties agree to be bound by this Order until such 18 time as the Court may enter such a different Order. 19 XIV. FINAL DISPOSITION 20 A. After the final disposition of this Action, as defined in Section V, 21 within sixty (60) days of a written request by the Designating Party, each Receiving 22 Party must return all Protected Material to the Producing Party or destroy such 23 material. As used in this subdivision, “all Protected Material” includes all copies, 24 abstracts, compilations, summaries, and any other format reproducing or capturing 25 any of the Protected Material. Whether the Protected Material is returned or 26 destroyed, the Receiving Party must submit a written certification to the Producing 27 Party (and, if not the same person or entity, to the Designating Party) by the 60 day 28 deadline that (1) identifies (by category, where appropriate) all the Protected 1 Material that was returned or destroyed and (2) affirms that the Receiving Party has 2 not retained any copies, abstracts, compilations, summaries or any other format 3 reproducing or capturing any of the Protected Material. Notwithstanding this 4 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 5 papers, trial, deposition, and hearing transcripts, legal memoranda, 6 correspondence, deposition and trial exhibits, expert reports, attorney work 7 product, and consultant and expert work product, even if such materials contain 8 Protected Material. Any such archival copies that contain or constitute Protected 9 Material remain subject to this Protective Order as set forth in Section V 10 (DURATION). To the extent permitted by law, the Court shall retain jurisdiction 11 to enforce, modify, or reconsider this Order, even after final disposition of the 12 Action. 13 B. Any violation of this Order may be punished by any and all 14 appropriate measures including, without limitation, contempt proceedings and/or 15 monetary sanctions. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [17] 18 Dated: February 3, 2021 Respectfully submitted, 19 FISHER & PHILLIPS LLP [20] 21 By: /s/ Lonnie D. Giamela 22 LONNIE D. GIAMELA ANET DRAPALSKI 23 Attorneys for Defendants M&C HOTEL INTERESTS, INC. dba 24 MILLENNIUM [28] 1 || Dated: February 3, 2021 Respectfully submitted, 2 BRIANA KIM, P.C. 4 By: /s/Briana M. Kim 5 BRIANA M. KIM 6 CHARAY MORRIS [8] 9 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [10] 11 |) Dated: 2/3/21 12 /S/ CHARLES F. EICK 13 HON. CHARLES F. EICK 4 UNITED STATES MAGISTRATE JUDGE [18] 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of 4 [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issue by the United States District Court for the Central 7 District of California on [DATE] in the case of CHARAY MORRIS V. M&C HOTEL 8 INTERESTS, INC. dba MILLENNIUM BILTMORE HOTEL LOS ANGELES, 9 pending before the United States District Court for the Central District of 10 California, Case No. 2:20-cv-07544-JAK-E. I agree to comply with and to be 11 bound by all the terms of this Stipulated Protective Order and I understand and 12 acknowledge that failure to so comply could expose me to sanctions and 13 punishment in the nature of contempt. I solemnly promise that I will not disclose 14 in any manner any information or item that is subject to this Stipulated Protective 15 Order to any person or entity except in strict compliance with the provisions of this 16 Order. 17 I further agree to submit to the jurisdiction of the United States District Court 18 for the Central District of California for the purpose of enforcing the terms of this 19 Stipulated Protective Order, even if such enforcement proceedings occur after 20 termination of this action. I hereby appoint [print or 21 type full name] of [print or 22 type full address and telephone number] as my California agent for service of 23 process in connection with this action or any proceedings related to enforcement of 24 this Stipulated Protective Order. 25 Date: 26 City and State where sworn and signed: 27 Printed Name: Signature: [28] 5 CERTIFICATE OF SERVICE __ I, the undersigned, am employed in the County of Los Angeles, State of 3 || California. I am over the age of I8 and not a party to the within action; am employed with Fisher & Phillips LLP and my business address is 444 South Flower 4 || Street, Suite 1500, Los Angeles, California 90071. 5 On February 3, 2021, I served the foregoing document entitled JOINT STIPULATED PROTECTIVE ORDER on all the appearing and/or interested 6 || parties in this action as follows: 7 || Briana M. Kim Attorney for Plaintiff BRIANA KIM, PC CHARAY MORRIS g || 249 East Ocean Boulevard, Suite 814 Fong Beach. CA 90802 9 || Tel: 714.482.6301 Fax: 714.482.6302 Email: briana@ brianakim.com [10] L [by MAIL] - I am readily familiar with the firm's practice of collection and 11 processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon 12 fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if 13 postage cancellation date or postage meter date is more than one day after 14 date of deposit for mailing this affidavit. [by ELECTRONIC SUBMISSION] - I served the above listed 15 document(s) described via the United States District Court’s Electronic Filing Program on the designated recipients via electronic transmission 16 through the CM/ECF system on the Court’s website. The Court’s CM/ECF system will penerate a Notice of Electronic Filing (NEF) to the filing party. 17 the assigned judge, and any registered users in the case. The NEF will constitute service of the document(s). Registration as a CM/ECF user 18 constitutes consent to electronic service through the court’s transmission 19 facilities. 0 I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. 21 Executed February 3, 2021, at Los Angeles, California. 22 Kristine Gonzalez By: /s/ Kristine Gonzalez 93 Print Name Signature