Manuel Vigueras v. Red Robin International, Inc ( 2019 )

1 JCahmriesst iRna. HMa.w Lkuicniso,, EEssqq.. ((SSBBNN 129523962757 ) 2 JAMES HAWKINS APLC 9880 Research Drive Suite 200 3 Irvine, CA 92618 Telephone: (949-387-7200) 4 Attorneys for Plaintiff 5 MANUEL VIGUERAS 6 LONNIE D. GIAMELA (SBN 228435) lgiamela@fisherphillips.com 7 SEAN F. DALEY (SBN 272493) sdaley@fisherphillips.com 8 FISHER & PHILLIPS LLP 444 South Flower Street, Suite 1500 9 Los Angeles, California 90071 Telephone: (213) 330-4500 10 Facsimile: (213) 330-4501 11 Attorneys for Defendant RED ROBIN INTERNATIONAL, INC. 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 15 16 MANUEL VIGUERAS, Case No: 8:17-cv-01422-JVS (DFMx) [Originally Orange County Superior Court 17 Plaintiff, Case No.: 30-2017-00931770-CU-OE-CXC] 18 v. Hon. James V. Selna, Dept. 10C 19 RED ROBIN INTERNATIONAL, INC. WHICH WILL DO BUSINESS 20 IN CALIFORNIA AS RED ROBIN AMENDED STIPULATED BURGER SPIRITS EMPORIUMS, a PROTECTIVE ORDER 21 Nevada corporation; and DOES 1 through 100, inclusive, 22 Complaint Filed: July 14, 2017 Defendants. Trial Date: Not Set 23 24 25 26 The parties hereby amend the stipulated protective order previously entered 27 into in this action to make it clear that Disclosure or Discovery Material, including 28 Confidential Information or Items, disclosed in one of the two proceedings between 1 the parties (Manuel Vigueras, et al. v. Red Robin International, Inc. (Case No. 30- 2 2017-00945592-CU-OE-CXC) and Vigueras v. Red Robin International, Inc., C.D. 3 Cal. Case No. 8:17-cv-01422-JVS (DFMx)) may be used in either proceeding 4 pursuant to the terms of this Stipulated Protective Order. 5 6 1. A. PURPOSES AND LIMITATIONS 7 Discovery in this Action is likely to involve production of confidential, 8 proprietary or private information for which special protection from public 9 disclosure and from use for any purpose other than prosecuting this litigation 10 may be warranted. Accordingly, the Parties (Plaintiff Manuel Vigueras and 11 Defendant Red Robin International, Inc.) hereby stipulate to and petition the 12 Court to enter the following Stipulated Protective Order. The Parties 13 acknowledge that this Order does not confer blanket protections on all 14 disclosures or responses to discovery and that the protection it affords from 15 public disclosure and use extends only to the limited information or items that 16 are entitled to confidential treatment under the applicable legal principles. 17 B. GOOD CAUSE STATEMENT 18 This Action is likely to involve trade secrets and other valuable research, 19 development, commercial, financial, technical, proprietary, confidential, and/or 20 private information for which special protection from public disclosure, and from 21 use for any purpose other than prosecution of the Actions (as defined below), is 22 warranted. Such confidential and proprietary materials and information consist of, 23 among other things, personal and confidential business or financial information, 24 information regarding confidential business practices, or other confidential 25 research, development, or commercial information (including information 26 implicating privacy rights of third parties), confidential and private information of 27 other employees, information prohibited from disclosure pursuant to a written 28 1 agreement to maintain such information in confidence, and information otherwise 2 generally unavailable to the public or which may be privileged or otherwise 3 protected from disclosure under state or federal statutes, court rules, case decisions, 4 or common law. Accordingly, to expedite the flow of information, to facilitate the 5 prompt resolution of disputes over confidentiality of discovery materials, to 6 adequately protect information the Parties are entitled to keep confidential, to ensure 7 that the Parties are permitted reasonable necessary uses of such material in 8 preparation for and in the conduct of trial, to address their handling at the end of the 9 litigation, and serve the ends of justice, a protective order for such information is 10 justified in this matter. It is the intent of the parties that information will not be 11 designated as confidential for tactical reasons and that nothing be so designated 12 without a good faith belief that it has been maintained in a confidential, non-public 13 manner, and there is good cause why it should not be part of the public record of 14 this case. 15 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 16 SEAL 17 The Parties further acknowledge, as set forth in Section 12.3, below, that 18 this Stipulated Protective Order does not entitle them to file confidential 19 information under seal; Local Civil Rule 79-5 sets forth the procedures that must 20 be followed and the standards that will be applied when a party seeks permission 21 from the court to file material under seal. 22 There is a strong presumption that the public has a right of access to judicial 23 proceedings and records in civil cases. In connection with non-dispositive 24 motions, good cause must be shown to support a filing under seal. See Kamakana 25 v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. 26 Gen. Motors Corp,, 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. 27 Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated 28 1 protective orders require good cause showing), and a specific showing of good 2 cause or compelling reasons with proper evidentiary support and legal 3 justification, must be made with respect to Protected Material that a party seeks 4 to file under seal. The Parties’ mere designation of Disclosure or Discovery 5 Material as CONFIDENTIAL does not— without the submission of competent 6 evidence by declaration, establishing that the material sought to be filed under 7 seal qualifies as confidential, privileged, or otherwise protectable—constitute 8 good cause. 9 Further, if a Party requests sealing related to a dispositive motion or trial, then 10 compelling reasons, not only good cause, for the sealing must be shown, and the 11 relief sought shall be narrowly tailored to serve the specific interest to be protected. 12 See Pintos v. Pacific Creditors Ass'n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 13 each item or type of information, document, or thing sought to be filed or introduced 14 under seal in connection with a dispositive motion or trial, the Party seeking 15 protection must articulate compelling reasons, supported by specific facts and legal 16 justification, for the requested sealing order. Again, competent evidence 17 supporting the application to file documents under seal must be provided by 18 declaration. 19 Any document that is not confidential, privileged, or otherwise protectable 20 in its entirety will not be filed under seal if the confidential portions can be 21 redacted. If documents can be redacted, then a redacted version for public 22 viewing, omitting only the confidential, privileged, or otherwise protectable 23 portions of the document, shall be filed. Any application that seeks to file 24 documents under seal in their entirety should include an explanation of why 25 redaction is not feasible. 26 27 2. DEFINITIONS 28 1 2.1 Action(s): The term action(s) shall include the above-entitled case 2 styled as Manuel Vigueras, Plaintiff, v. Red Robin International, Inc. which will 3 do business in California as Red Robin Burger Spirits Emporiums, a Nevada 4 corporation; and DOES 1 through 100, inclusive, Defendants, pending before 5 the United States District Court for the Central District of California, Case No. 6 8:17-cv-01422-JVS (DFMx), removed from the Superior Court of the State of 7 California, County of Los Angeles, Case No. 30-2017-00931770-CU-OE-CXC 8 and Manuel Vigueras, et al. v. Red Robin International, Inc. (Orange County 9 Superior Court Case No. 30-2017-00945592-CU-OE-CXC). 10 2.2 Challenging Party: a Party or Non-Party that challenges the 11 designation of information or items under this Order. 12 2.3 “CONFIDENTIAL” Information or Items: information (regardless 13 of how it is generated, stored or maintained) or tangible things that qualify for 14 protection under Federal Rule of Civil Procedure 26(c), and as specified above 15 in the Good Cause Statement. 16 2.4 Counsel (without qualifier): Outside Counsel of Record and House 17 Counsel (as well as their support staff). 18 2.5 Designating Party: a Party or Non-Party that designates 19 information or items that it produces in disclosures or in responses to discovery 20 as “CONFIDENTIAL.” 21 2.6 Disclosure or Discovery Material: all items or information, regardless 22 of the medium or manner in which it is generated, stored, or maintained (including, 23 among other things, testimony, transcripts, and tangible things), that are produced 24 or generated in disclosures or responses to discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a 26 matter pertinent to the litigation who has been retained by a Party or its counsel 27 to serve as an expert witness or as a consultant in the Actions. 28 1 2.8 House Counsel: attorneys who are employees of a party to the 2 Actions. House Counsel does not include Outside Counsel of Record or any other 3 outside counsel. 4 2.9 Non-Party: any natural person, partnership, corporation, 5 association or other legal entity not named as a Party to the Actions. 6 2.10 Outside Counsel of Record: attorneys who are not employees of a 7 Party to the Actions but are retained to represent or advise a party to the Actions 8 and have appeared in the Actions on behalf of that Party or are affiliated with a 9 law firm that has appeared on behalf of that Party, and includes support staff. 10 2.11 Party: any Party to the Actions, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and 12 their support staffs). 13 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this Action. 15 2.13 Professional Vendors: persons or entities that provide litigation 16 support services (e.g., photocopying, videotaping, translating, preparing exhibits 17 or demonstrations, and organizing, storing, or retrieving data in any form or 18 medium) and their employees and subcontractors. 19 2.14 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 2.15 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 24 3. SCOPE 25 The protections conferred by this Stipulation and Order cover not only 26 Protected Material (as defined above), but also (1) any information copied or 27 extracted from Protected Material; (2) all copies, excerpts, summaries, or 28 1 compilations of Protected Material; and (3) any testimony, conversations, or 2 presentations by Parties or their Counsel that might reveal Protected Material. 3 However, the protections conferred by this Stipulation and Order do not cover 4 the following information: (a) any information that is in the public domain at the 5 time of disclosure to a Receiving Party or becomes part of the public domain after 6 its disclosure to a Receiving Party as a result of publication not involving a 7 violation of this Order, including becoming part of the public record through trial 8 or otherwise; and (b) any information known to the Receiving Party prior to the 9 disclosure or obtained by the Receiving Party after the disclosure from a source 10 who obtained the information lawfully and under no obligation of confidentiality 11 to the Designating Party. Any use of Protected Material at trial shall be governed 12 by the orders of the trial judge. This Order does not govern the use of Protected 13 Material at trial. 14 15 4. DURATION 16 Even after final disposition of this litigation, the confidentiality obligations 17 imposed by this Order shall remain in effect until a Designating Party agrees 18 otherwise in writing or a court order otherwise directs. Final disposition shall be 19 deemed to be the later of (1) dismissal of all claims and defenses in the actions, 20 with or without prejudice; and (2) final judgment herein after the completion and 21 exhaustion of all appeals, rehearings, remands, trials, or reviews of the actions, 22 including the time limits for filing any motions or applications for extension of 23 time pursuant to applicable law. 24 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or Non-Party that designates information or items for protection under 28 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items or oral or written 4 communications that qualify so that other portions of the material, documents, items 5 or communications for which protection is not warranted are not swept unjustifiably 6 within the ambit of this Order. 7 Mass, indiscriminate or routinized designations are prohibited. 8 Designations that are shown to be clearly unjustified or that have been made for 9 an improper purpose (e.g., to unnecessarily encumber the case development 10 process or to impose unnecessary expenses and burdens on other parties) may 11 expose the Designating Party to sanctions. 12 If it comes to a Designating Party's attention that information or items that 13 it designated for protection do not qualify for protection, that Designating Party 14 must promptly notify all other Parties that it is withdrawing the inapplicable 15 designation. 16 5.2 Manner and Timing of Designations. Except as otherwise provided 17 in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery 18 Material that qualifies for protection under this Order must be clearly so 19 designated before the material is disclosed or produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 25 contains protected material. If only a portion of the material on a page qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) 27 (e.g., by making appropriate markings in the margins). 28 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, 8 before producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. If only 10 a portion of the material on a page qualifies for protection, the Producing Party also 11 must clearly identify the protected portion(s) (e.g., by making appropriate markings 12 in the margins). 13 (b) for testimony given or exhibits used in depositions or in other 14 pretrial or trial proceedings that the Designating Party: 15 (i) identify on the record, before the close of the deposition, 16 hearing, or other proceeding, all protected testimony, or 17 (ii) designate the entirety of the testimony at the deposition, 18 hearing, or other proceeding as “CONFIDENTIAL” (before the deposition, 19 hearing, or proceeding is concluded) with the right to identify more specific 20 portions of the testimony as to which protection is sought within 14 days 21 following the deposition, hearing, or proceeding. In this regard, counsel shall 22 send written notice to the court reporter, to counsel for the Parties, and to any 23 other person known to have a copy of said transcript of the specific portions of 24 the testimony to be designated. The notice shall reference this Stipulated 25 Protective Order and identify the pages and/or exhibits designated as 26 “CONFIDENTIAL.” 27 28 1 In circumstances where portions of the deposition, hearing, or proceeding 2 testimony are designated for protection, the transcript pages containing 3 “Confidential” information may be separately bound by the court reporter, who 4 must affix to the top of each page the legend “Confidential,” as instructed by the 5 Designating Party. 6 (c) for information produced in some form other than documentary 7 and for any other tangible items, that the Producing Party affix in a prominent 8 place on the exterior of the container or containers in which the information is 9 stored the legend “CONFIDENTIAL.” If only a portion or portions of the 10 information warrants protection, the Producing Party, to the extent practicable, 11 shall identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. An inadvertent failure to 13 designate qualified information or items does not, standing alone, waive the 14 Designating Party’s right to secure protection under this Order for such material 15 so long as written notice of the inadvertent failure to designate is provided within 16 30 days of discovery by Designating Party of inadvertent failure to designate. 17 Upon timely correction of a designation, the Receiving Party must make 18 reasonable efforts to assure that the material is treated in accordance with the 19 provisions of this Order. This provision is not intended to apply to any inadvertent 20 production of any information or items protected by attorney-client or work 21 product privileges. No provision in this Order shall affect a Party’s right to object 22 to the designation of any document or other material as “CONFIDENTIAL” on 23 any ground that is available under applicable law. 24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. Unless a prompt challenge to a Designating Party’s 28 1 confidentiality designation is necessary to avoid foreseeable, substantial 2 unfairness, unnecessary economic burdens, or a significant disruption or delay of 3 the litigation, a Party does not waive its right to challenge a confidentiality 4 designation by electing not to mount a challenge promptly after the original 5 designation is disclosed. 6 6.2 Meet and Confer. The Challenging Party shall initiate the 7 dispute resolution process under Local Rule 37-1, et seq. 8 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via 9 a joint stipulation pursuant to Local Rule 37-2. 10 6.4 The burden of persuasion in any such challenge proceeding shall 11 be on the Designating Party. Frivolous challenges, and those made for an 12 improper purpose (e.g., to harass or impose unnecessary expenses and burdens 13 on other parties) may expose the Challenging Party to sanctions. Unless the 14 Designating Party has waived or withdrawn the confidentiality designation, all 15 parties shall continue to afford the material in question the level of protection to 16 which it is entitled under the Producing Party's designation until the Court rules 17 on the challenge. 18 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1 Basic Principles. A Receiving Party may use Protected Material 21 that is disclosed or produced by another Party or by a Non-Party in connection 22 with the Actions only for prosecuting, defending or attempting to settle the 23 Actions. Such Protected Material may be disclosed only to the categories of 24 persons and under the conditions described in this Order. When the Actions are 25 both terminated, a Receiving Party must comply with the provisions of section 26 13 below (FINAL DISPOSITION). 27 Protected Material must be stored and maintained by a Receiving Party at 28 1 a location and in a secure manner that ensures that access is limited to the persons 2 authorized under this Order. 3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 4 otherwise ordered by the court or permitted in writing by the Designating Party, 5 a Receiving Party may disclose any information or item designated 6 “CONFIDENTIAL” only to: 7 (a) the Receiving Party’s Outside Counsel of Record in the 8 Actions, as well as employees of said Outside Counsel of Record to whom it is 9 reasonably necessary to disclose the information for the Actions; 10 (b) the officers, directors, and employees (including House 11 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for 12 the Actions and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 (c) Experts (as defined in this Order) of the Receiving Party to 15 whom disclosure is reasonably necessary for the Actions and who have signed the 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (d) the Court and its personnel; 18 (e) court reporters and their staff; 19 (f) professional jury or trial consultants, mock jurors, and 20 Professional Vendors to whom disclosure is reasonably necessary for the Actions 21 and who have signed the “Acknowledgment and Agreement to Be Bound” 22 (Exhibit A); 23 (g) the author or recipient of a document containing the 24 information or a custodian or other person who otherwise possessed or knew the 25 information; 26 (h) any deposition, proceeding, or hearing witness who previously 27 has had access to the “CONFIDENTIAL” Information or who is currently or was 28 1 previously an officer, director, employee or agent of an entity that has had access 2 to the “CONFIDENTIAL” Information; 3 (i) during their depositions, witnesses, and attorneys for 4 witnesses, in the Actions who previously did not have access to the 5 “CONFIDENTIAL” Information, provided that: (1) disclosure is reasonably 6 necessary, (2) the deposing party requests that the witness and the attorney for the 7 witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 8 and (3) the witness and the attorney for the witness will not be permitted to keep 9 any confidential information unless they sign the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 11 Party or ordered by the Court; 12 (j) any mediator, third-party neutral, or settlement officer, and 13 their supporting personnel, mutually agreed upon by any of the Parties engaged 14 in settlement discussions; and 15 (k) any other person or entity that Designating Party agrees to in 16 writing. 17 Pages of transcribed deposition testimony or exhibits to depositions that 18 reveal Protected Material may be separately bound by the court reporter and may 19 not be disclosed to anyone except as permitted under this Stipulated Protective 20 Order. 21 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 24 If a Party is served with a subpoena or a court order issued in other litigation 25 that compels disclosure of any information or items designated in this Action as 26 “CONFIDENTIAL,” that Party must: 27 28 1 (a) promptly notify in writing the Designating Party. Such 2 notification shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or 4 order to issue in the other litigation that some or all of the material covered by 5 the subpoena or order is subject to this Protective Order. Such notification shall 6 include a copy of this Stipulated Protective Order; and 7 (c) cooperate with respect to all reasonable procedures sought to be 8 pursued by the Designating Party whose Protected Material may be affected. 9 If the Designating Party timely seeks a protective order, the Party served 10 with the subpoena or court order shall not produce any information designated in 11 this action as “CONFIDENTIAL” before a determination by the court from 12 which the subpoena or order issued, unless the Party has obtained the Designating 13 Party's permission. The Designating Party shall bear the burden and expense of 14 seeking protection in that court of its confidential material and nothing in these 15 provisions should be construed as authorizing or encouraging a Receiving Party 16 in this Action to disobey a lawful directive from another court. 17 18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 19 PRODUCED IN THIS LITIGATION 20 The terms of this Order are applicable to information produced by a Non- 21 Party in this Action and designated as “CONFIDENTIAL.” Such information 22 produced by Non-Parties in connection with this litigation is protected by the 23 remedies and relief provided by this Order. Any such designation shall also 24 function as consent by such producing Non-Party to the authority of the Court in 25 the Action to resolve and conclusively determine any motion or other application 26 made by any person or Party with respect to such designation, or any other matter 27 otherwise arising under this Order. Nothing in these provisions should be 28 1 construed as prohibiting a Non-Party from seeking additional protections. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 4 Protected Material to any person or in any circumstance not authorized under this 5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 6 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 7 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 8 or persons to whom unauthorized disclosures were made of all the terms of this 9 Order, and (d) request such person or persons to execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 13 PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain 15 inadvertently produced material is subject to a claim of privilege or other 16 protection, the obligations of the Receiving Parties are those set forth in Federal 17 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 18 whatever procedure may be established in an e-discovery order that provides for 19 production without prior privilege review. Pursuant to Federal Rule of Evidence 20 502(d) and (e), insofar as the parties reach an agreement on the effect of 21 disclosure of a communication or information covered by the attorney-client 22 privilege or work product protection, the parties may incorporate their agreement 23 in the stipulated protective order submitted to the Court. 24 25 12. MISCELLANEOUS 26 12.1 Right to Further Relief. Nothing in this Order abridges the right of 27 any person to seek its modification by the Court in the future. This Order shall 28 1 not be construed to preclude either Party from asserting in good faith that certain 2 “CONFIDENTIAL” Information or Items require additional protection. The 3 Parties shall meet and confer to agree upon the terms of such additional 4 protection. 5 12.2 Right to Assert Other Objections. By stipulating to the entry of this 6 Protective Order, no Party waives any right it otherwise would have to object to 7 disclosing or producing any information or item on any ground not addressed in 8 this Stipulated Protective Order. Similarly, no Party waives any right to object on 9 any ground to use in evidence of any of the material covered by this Protective 10 Order. 11 12.3 Filing Protected Material. A Party that seeks to file under seal any 12 Protected Material must comply with Local Civil Rule 79-5. Protected Material 13 may only be filed under seal pursuant to a court order authorizing the sealing of 14 the specific Protected Material at issue. If a Party’s request to file Protected 15 Material under seal is denied by the court, then the Receiving Party may file the 16 information in the public record unless otherwise instructed by the court. 17 12.4 Waiver of Designating Party. This Order is entered into without 18 prejudice to the right of any Party to knowingly waive the applicability of this 19 Order to any “CONFIDENTIAL” Information or Items designated by that Party. 20 12.5 Previously Produced Documents. The Parties agree to be bound by 21 the terms set forth herein with regard to any “CONFIDENTIAL” information or 22 items that have been produced before the Court signs this Order. In the event that 23 the Court modifies this Order, or in the event that the Court enters a different 24 Protective Order, the Parties agree to be bound by this Order until such time as 25 the Court may enter such a different Order. 26 27 13. FINAL DISPOSITION 28 1 Within 60 days after the final disposition of the Actions, as defined in 2 paragraph 4, and only upon written request by the Designating Party, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy 4 such material no later than 60 days after Designating Party’s written request. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of the 7 Protected Material. Whether the Protected Material is returned or destroyed, the 8 Receiving Party must submit a written certification to the Producing Party (and, if 9 not the same person or entity, to the Designating Party) by the 60-day deadline that 10 (1) identifies (by category, where appropriate) all the Protected Material that was 11 returned or destroyed and (2) affirms that the Receiving Party has not retained any 12 copies, abstracts, compilations, summaries or any other format reproducing or 13 capturing any of the Protected Material. Notwithstanding this provision, Counsel 14 are entitled to retain an archival copy of all pleadings, motion papers, trial, 15 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 16 and trial exhibits, expert reports, attorney work product, and consultant and expert 17 work product, even if such materials contain Protected Material. Any such archival 18 copies that contain or constitute Protected Material remain subject to this Protective 19 Order as set forth in paragraph 4 (DURATION). To the extent permitted by law, 20 the Court shall retain jurisdiction to enforce, modify, or reconsider this Order, even 21 after final disposition of the Action. 22 23 14. VIOLATION 24 Any violation of this Order may be punished by any and all appropriate 25 measures including, without limitation, contempt proceedings and/or monetary 26 sanctions. 27 / / / 28 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 || Date: September 13, 2019 JAMES HAWKINS APLC 6 /s/ Christina M. Lucio James R. Hawkins, Esq. 8 Christina M. Lucio, Esq. 7 Attorneys for Plaintiff 10 Manuel Vigueras, on behalf of himself and all others similarly situated 12 8 Date: September 13, 2019 FISHER & PHILLIPS LLP 14 15 16 /s/ Sean F. Daley 17 Lonnie D. Giamela, Esq. ig Sean F. Daley, Esq. 19 Attorneys for Defendant, Red Robin International, Inc. 20 21 22 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 Dated: September 12, 2019 2 Hon. Douglas F. McCormick 26 United States Magistrate Judge 27 28 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 penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of California 7 on _________[date] in the case of Manuel Vigueras, et al. v. Red Robin 8 International, Inc., CD Cal. Case No. 8:17-cv-01422-JVS (DFMx). I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. I further agree to submit to the jurisdiction of the United 15 States District Court for the Central District of California for the purpose of 16 enforcing the terms of this Stipulated Protective Order, even if such enforcement 17 proceedings occur after termination of this action. I hereby appoint 18 _______________________________ [print or type full name] of 19 ______________________________________________________ [print or type 20 full address and telephone number] as my California agent for service of process 21 in connection with this Action or any proceedings related to enforcement of this 22 Stipulated Protective Order. 23 24 Date: __________ 25 City and State where sworn and signed: _________________________________ 26 27 Printed name: __________________ Signature: __________________________ 28 CERTIFICATE OF SERVICE 1 ) 2 State of California ) SS ) 3 County of Orange ) 4 5 I am employed in the County of Orange, State of California. I am over the 6 age of 18 and not a party to this action. My business address is: 9880 Research Drive Suite 200, Irvine, CA 92618. 7 I hereby certify that on August 29, 2019 I served on the interested parties in 8 this action the following document(s) entitled: 9 10 • AMENDED STIPULATED PROTECTIVE ORDER 11 12 [XX] by placing [ ] the original [XX] a true copy thereof enclosed in a sealed 13 envelope addressed as follows: 14 SERVICE LIST 15 Lonnie D. Giamela, Esq. 16 Sean F. Daly, Esq FISHER & PHILLIPS, LLP 17 444 South Flower Street, Suite 1500 18 Los Angeles, CA 90071 Tel: 213-330-4501 19 Fax: 213-330-4501 20 sdaley@fisherphillips.com lgiamela@fisherphillips.com 21 22 [XX] By electronic service the above documents were electronically filed with the Clerk of the Court using the CM/ECF system, which sent notification of 23 such filing to the above interested parties. 24 25 [XX] (FEDERAL) I declare that I am employed in the office of a member of the 26 bar of this court at whose direction the service was made. 27 1 I declare under penalty of perjury under the laws of the State of California 2 and The United States of America that the above is true and correct. 3 4 Executed on August 29, 2019 at Irvine, California. 5 6 /s/Nicole Miccolis _____ 7 Nicole Miccolis 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27