Thompson-Phillips v. Wal-Mart Associates, Inc. ( 2023 )

1 Elliot J. Siegel (SBN 286798) elliot@kingsiegel.com 2 Rachael E. Sauer (SBN 308549) 3 rsauer@kingsiegel.com KING & SIEGEL LLP 4 724 S. Spring Street, Ste. 201 Los Angeles, California 90014 5 Telephone: (213) 465-4802 Facsimile: (213) 465-4803 6 Attorneys for LUCINDA THOMPSON-PHILLIPS 7 8 Jason A. Geller (SBN 168149) E-Mail: jgeller@fisherphillips.com 9 Juan C. Araneda (SBN 213041) E-Mail: jaraneda@fisherphillips.com 10 Jessica A. Taylor (SBN 301708) E-Mail: jataylor@fisherphillips.com 11 FISHER & PHILLIPS LLP One Montgomery Street, Suite 3400 12 San Francisco, California 94104 Telephone: (415) 490-9000 13 Facsimile: (415) 490-9001 14 Attorneys for Defendant 15 WAL-MART ASSOCIATES, INC. 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 SACRAMENTO DIVISION 20 LUCINDA THOMPSON-PHILLIPS, an Case No.: 2:22-cv-01245-WBS-KJN 21 individual, [Removed from Sacramento County Superior Court, 22 Plaintiff, Civil Case No. 34-2022-00321245] 23 vs. STIPULATED PROTECTIVE ORDER 24 WAL-MART ASSOCIATES, INC., a 25 Delaware corporation; and Does 1-10, Removal Filed: July 14, 2022 Inclusive, Complaint Filed: June 7, 2022 26 Trial Date: May 15, 2024 Defendants. 27 1 Disclosure and discovery activity in this action are likely to involve production of confidential, 2 proprietary, or private information for which special protection from public disclosure and from use for 3 any purpose other than prosecuting this litigation may be warranted. 4 Plaintiff Lucinda Thompson-Phillips and Defendant Wal-Mart Associates, Inc. (collectively, the 5 “Parties” and individually a “Party”) assert in support of their request that protection of the identified 6 categories of confidential information as listed in Section 2 is necessary because this is an employment 7 law action brought under the California Fair Employment and Housing Act, California Government 8 Code section 12940, et seq. This action is likely to involve medical, psychiatric, personal and/or 9 proprietary information for which special protection from public disclosure and from use for any purpose 10 other than prosecution of this action is warranted. Such confidential and proprietary materials and 11 information consist of, among other things, confidential health information, psychiatric information, 12 personal information, information implicating privacy rights of third parties, and/or information 13 otherwise generally unavailable to the public, or which may be privileged or otherwise protected from 14 disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to 15 expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to keep confidential, to 17 ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in 18 the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a 19 protective order for such information is justified in this matter. It is the intent of the parties that 20 information will not be designated as confidential for tactical reasons and that nothing be so designated 21 without a good faith belief that it has been maintained in a confidential, non-public manner, and there is 22 good cause why it should not be part of the public record of this case. 23 The parties acknowledge that this Stipulated Protective Order (“Order”) does not confer blanket 24 protections on all disclosures or responses to discovery and that the protection it affords from public 25 disclosure and use extends only to the limited information or items that are entitled to confidential 26 treatment under the applicable legal principles. The parties further acknowledge, as set forth in Paragraph 27 23, below, that this Order does not entitle them to file confidential information under seal; Civil Local 1 party seeks permission from the Court to file material under seal. Accordingly, the parties have agreed 2 to and have submitted to the Court, and for good cause shown the Court hereby enters, the following 3 Order: 1. This Order shall govern the disclosure of materials designated as Confidential Material 4 5 in this litigation. Confidential Material, as used in this Order, shall refer to any document or item 6 designated as Confidential or Highly Confidential – Attorneys’ Eyes Only, including but not limited to, 7 documents or items produced during discovery, all copies thereof, and the information contained in such 8 material. Nothing in this Order shall require any party to produce any specific documents or category of 9 documents which a party deems inappropriate for production. 10 Definitions of Confidential Material 11 2. Confidential Material, as used in this Order, consists of the following materials and 12 13 categories of materials, to the extent they are designated as such by counsel for the Designating Party: 14 a. Materials relating to any privileged, confidential, or nonpublic 15 information, including, but not limited to, trade secrets, research, design, 16 development, financial, technical, marketing, planning, personal, or 17 commercial information, as such terms are used in the Federal Rules of 18 Civil Procedure (Fed. R. Civ.) and any applicable case law interpreting 19 Fed. R. Civ. 26(c)(1)(G); contracts; non-public compilations of retail 20 prices; proprietary information; vendor agreements; personnel files; 21 claim/litigation information; and nonpublic policies and procedures shall 22 be deemed Confidential. 23 24 b. Materials containing corporate trade secrets, nonpublic research and 25 development data, including, but not limited to, cost data, pricing 26 formulas, inventory management programs, and other sales or business 27 information not known to the public; information obtained from a non- party pursuant to a non-disclosure agreement; and customer-related 1 Protected Data shall be deemed Highly Confidential – Attorneys’ Eyes 2 Only. 3 c. Protected Data shall refer to any information that a party believes in 4 good faith to be subject to federal, state or foreign data protection laws or 5 other privacy obligations. Examples of such data protection laws include 6 but are not limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et 7 seq. (financial information); and, The Health Insurance Portability and 8 Accountability Act and the regulations thereunder, 45 CFR Part 160 and 9 Subparts A and E of Part 164 (medical information). Certain Protected 10 Data may compel alternative or additional protections beyond those 11 afforded Highly Confidential – Attorneys’ Eyes Only material, in which 12 event the parties shall meet and confer in good faith, and, if unsuccessful, 13 shall move the Court for appropriate relief. 14 The parties shall not designate as confidential information that is already public knowledge and agree that 15 all designations shall be made in good faith, and as narrowly as practicable, consistent with FRCP 26(c). 16 3. The parties agree that, upon designation by counsel for any Designating Party and subject 17 to any Receiving Party’s challenge as set forth in Paragraph 20, such Confidential Material as described 18 19 in paragraph 2 should be given the protection of an order of this Court to prevent injury through 20 disclosure to persons other than those persons involved in the prosecution or defense of this litigation. 21 Procedure for Designating Information as Confidential 22 4. To designate information as confidential, the producing party shall mark Confidential 23 Material with the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY.” Parties shall submit confidential discovery responses, such as answers to interrogatories or 25 answers to requests for admissions, in a separate document stamped with the appropriate legend 26 27 designating those responses as Confidential Material. The Receiving Party may make copies of 1 Confidential Material and such copies shall become subject to the same protections as the Confidential 2 Material from which those copies were made. 3 a. Information on a disk or other electronic format (e.g., a native format 4 production) may be designated confidential by marking the storage 5 medium itself (or the native file’s title) with the legend 6 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 7 EYES ONLY.” The Receiving Party shall mark any hard-copy printouts 8 and the storage medium of any permissible copies of such electronic 9 material with the corresponding legend contained on the original and such 10 copies shall become subject to the same protections, as the Confidential 11 Material from which those copies were made. 12 13 b. Information disclosed at any deposition of a party taken in this action 14 may be designated by the party as confidential by indicating on the record 15 at the deposition that the information is confidential and subject to the 16 provisions of this Order. Alternatively, the party may designate 17 information disclosed at the deposition as confidential by notifying the 18 court reporter and other parties in writing, within fifteen (15) business 19 days of receipt of the transcript, of the specific pages and lines of the 20 transcript which are designated as confidential. The parties may agree to 21 a reasonable extension of the 15-business-day period for designation. 22 Designations of transcripts will apply to audio, video, or other recordings 23 of the testimony. 24 5. A producing party may change the confidentiality designation of materials it has 25 produced, as follows: (1) The producing party must give the receiving parties notice of the change by 26 identifying the documents or information at issue. Once notice is given, the receiving party must make 27 good-faith efforts to ensure that the documents or information are accorded treatment under the new 1 designation. (2) Within a reasonable period after giving notice, the producing party must reproduce the 2 documents or information in a format that contains the new designation. (3) If such information has 3 been disclosed to persons not qualified pursuant to paragraphs 12-13 below, the party who disclosed 4 such information shall (a) take reasonable efforts to retrieve previously disclosed Confidential Material; 5 (b) advise such persons that the material is Confidential; and (c) give the producing party written 6 7 assurance that steps (a) and (b) have been completed. 8 Data Security 9 6. The Parties agree to provide adequate security to protect data produced by the other 10 parties or by non-parties. This includes secure data storage systems, established security policies, and 11 security training for employees, contractors and experts. Adequate security also includes such measures 12 as data encryption in transit, data encryption at rest, data access controls, and physical security, whether 13 hosted/outsourced to a vendor or on premises. At a minimum, any receiving party subject to the terms 14 15 of this Protective Order, will provide reasonable measures to protect non-client data consistent with the 16 American Bar Association Standing Committee on Ethics and Professional Responsibility, Formal 17 Opinion 477R. 18 Clawback Provisions 19 7. The production of privileged or work-product protected documents, electronically stored 20 information (ESI) or information, whether inadvertent or otherwise, is not a waiver of the privilege or 21 22 protection from discovery in this case or in any other federal or state proceeding. 23 8. This Order shall be interpreted to provide the maximum protection allowed by Federal 24 Rule of Evidence (FRE) 502(d) and shall be enforceable and granted full faith and credit in all other state 25 and federal proceedings by 28 U.S. Code § 1738. In the event of any subsequent conflict of law, the law 26 that is most protective of privilege and work product shall apply. 27 9. Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a 1 review of documents, ESI or information (including metadata) for relevance, responsiveness and/or 2 segregation of privileged and/or protected information before production. 3 10. If the receiving party has reason to believe that a produced document or other information 4 may reasonably be subject to a claim of privilege, then the receiving party shall immediately sequester 5 the document or information, cease using the document or information and cease using any work product 6 7 containing the information, and shall inform the producing party of the beginning BATES number of the 8 document or, if no BATES number is available, shall otherwise inform the producing party of the 9 information. 10 11. A producing party must give written notice to any receiving party asserting a claim of 11 attorney-client privilege, work-product protection, or other ground for reclaiming documents or 12 information (a “clawback request”). After a clawback request is received, the receiving party shall 13 immediately sequester the document (if not already sequestered) and shall not review or use that 14 15 document, or any work product containing information taken from that document, for any purpose. The 16 parties shall meet and confer regarding any clawback request. 17 Who May Receive Confidential and Highly Confidential Information 18 12. Confidential Material. Any Confidential Material and the information contained therein 19 shall be disclosed only to the Court, its staff, in-house counsel and outside counsel of record for each 20 party, and also shall be disclosed on a need-to-know basis only to the parties, counsel’s staff personnel, 21 employees of a party to whom disclosure is necessary in connection with the preparation for and trial of 22 this action, court reporters in this proceeding, and any deposition, trial or hearing witnesses in the case 23 (including consulting and testifying experts)., 24 13. Highly Confidential—Attorneys’ Eyes Only Material. Material and information 25 designated as “Highly Confidential—Attorneys’ Eyes Only” shall only be disclosed to the Court, its 26 staff, in-house and outside counsel of record for each party, the secretarial, clerical, and paralegal staff 27 of each, and consulting and testifying experts retained by a party in this action. 1 14. Restriction on Disclosure to Direct Competitors. Notwithstanding the foregoing, 2 Confidential Material shall not be disclosed to any current or former employees of, or current or former 3 consultants, advisors, or agents of, a direct competitor of any party named in the litigation. If a Receiving 4 Party is in doubt about whether a particular entity is a direct competitor of a party named in this lawsuit, 5 then before disclosing any Confidential Material to a current or former employee, consultant, advisor, 6 or agent of that entity, the Receiving Party’s counsel must confer with counsel for the Producing Party. 7 15. Persons Receiving Confidential Information Must Sign Exhibit A. Counsel for each party 8 shall advise all persons to whom Confidential Material is disclosed pursuant to this Order of the existence 9 of this Order and shall provide all such persons (other than the Court and its staff) with a copy of this 10 Order. Counsel shall also require such persons to execute the Affidavit attached as Exhibit A, prior to 11 the disclosure of Confidential Material. 12 16. Duties in the Event of Unauthorized Disclosures. It shall be the obligation of counsel, 13 upon learning of any unauthorized disclosure or threatened unauthorized disclosure of Confidential 14 Information, or any other breach or threatened breach of the provisions of this Order, to promptly notify 15 counsel for the Producing Party. The notification shall be supplemented with reasonable details of the 16 circumstances of the disclosure in order to permit the producing party to understand and take appropriate 17 steps. Each party and its counsel agree to take reasonable and good-faith efforts to contain or limit any 18 breach promptly upon receiving notice of it, and to make reasonable and good-faith attempts to retrieve 19 any unauthorized disclosure of documents or information. This provision does not limit the producing 20 party’s entitlement to damages resulting from any breach of this Order. 21 Authorized Uses of Confidential Material 22 17. Confidential Material shall only be used for the purpose of litigating the above-captioned 23 lawsuit and may not be used in other lawsuits. 24 18. Persons having knowledge of Confidential Material and information due to their 25 participation in the conduct of this litigation shall use such knowledge and information only as permitted 26 herein, and shall not disclose such Confidential Material, their contents or any portion or summary 27 thereof to any person(s) not involved in the conduct of this litigation. 1 19. If any person having access to the Confidential Material herein shall violate this Order, 2 he/she may be subject to sanctions by the Court and may be liable to pay for the damages caused by 3 his/her violation. 4 Challenges to the Designation of Confidential Material 5 20. In the event that counsel for a Party receiving Documents, Testimony or Information in 6 7 discovery designated as “Confidential” objects to such designation with respect to any or all of such 8 items, said counsel shall advise counsel for the Designating Party, in writing, of such objections, the 9 specific Documents, Testimony or Information to which each objection pertains, and the specific reasons 10 and support for such objections (the “Designation Objections”). Counsel for the Designating Party shall 11 have thirty (30) days from receipt of the written Designation Objections to either (a) agree in writing to 12 de-designate Documents, Testimony or Information pursuant to any or all of the Designation Objections 13 and/or (b) file a motion with the Court seeking to uphold any or all designations on Documents, 14 15 Testimony or Information addressed by the Designation Objections (the “Designation Motion”). Pending 16 a resolution of the Designation Motion by the Court, any and all existing designations on the Documents, 17 Testimony or Information at issue in such Motion shall remain in place. The Designating Party shall 18 have the burden on any Designation Motion of establishing the applicability of its “Confidential” 19 designation. In the event that the Designation Objections are neither timely agreed to nor timely 20 addressed in the Designation Motion, then such Documents, Testimony or Information shall be de- 21 22 designated in accordance with the Designation Objection applicable to such material. 23 Withholding of Information 24 22. Redactions. The parties may redact (1) information that they in good faith believe is 25 privileged or protected from discovery as work product or by reason of any other applicable privilege or 26 immunity; (2) information subject to non-disclosure obligations imposed by governmental authorities, 27 law or regulation (e.g., protected personal information); and (3) private, non-relevant information, 1 including but not limited to personally identifiable information, trade secrets, or information regarding 2 products, data, or people. Redactions of emails will not redact the names of recipients or the subject line 3 of the emails, unless the subject line is itself privileged or contains the sensitive information described 4 above, in which case only so much of the subject line will be redacted as may be needed. The parties 5 will produce redacted documents in TIFF format (or searchable PDF if production format dictates; or in 6 7 native format for file types that do not convert well to TIFF/PDF, such as Excel files) with corresponding 8 searchable OCR text and the associated metadata for the document, ensuring the redacted content is fully 9 protected from disclosure. 10 Confidential Material In Filings, Hearings, and Trial 11 23. Confidential Material in Filings. Without written permission from the Producing Party 12 or court order secured after appropriate notice to all interested persons, a party may not file Confidential 13 Material in the public record in this action (or in any other action, such as an appeal). A party that seeks 14 15 to file under seal any Confidential Material must comply with Civil Local Rule 141. Confidential 16 Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific 17 Confidential Material at issue. 18 24. Manner of Sealing. In the event Confidential Materials or portions of transcripts are 19 sealed as confidential by the Court or as described in paragraph 23 above, they shall be filed in an 20 envelope bearing the following designation when deposited: 21 22 CONFIDENTIAL 23 IN ACCORDANCE WITH THE PROTECTIVE ORDER OF THE 24 COURT, THE CONTENTS OF THIS ENVELOPE SHALL BE 25 TREATED AS CONFIDENTIAL AND MUST NOT BE SHOWN TO A 26 PERSON OTHER THAN THE COURT, ATTORNEYS IN THIS CASE, 27 OR TO PERSONS ASSISTING THOSE ATTORNEYS. 1 25. Confidential Material in Hearings and Trial. The provisions of this Order shall not affect, 2 and this Order does not limit, the admissibility of Confidential Material (or references to that material) 3 as evidence at trial, or during a hearing or similar proceeding in this action. Prior to using Confidential 4 Material or the information contained therein at any hearing that is open to the public, the party seeking 5 to use the Confidential Material must give at least seven (7) days advance notice to the producing party 6 7 of the intent to use the Confidential Material so that the producing party may seek an appropriate Court 8 Order to protect the Confidential Material. 9 Continuing Effect of this Order and Duty to Destroy 10 26. This Order shall continue to be binding throughout and after the conclusion of this 11 litigation, including all appeals. Within sixty (60) days of settlement or final adjudication, including the 12 expiration or exhaustion of all rights to appeal or petitions for extraordinary writs, each party or non- 13 party to whom any materials subject to this Order were produced shall, without further request or 14 15 direction from the Producing Party, promptly destroy all documents, items or data received including, 16 but not limited to, copies or summaries thereof, in the possession or control of any expert or employee. 17 The Receiving Party shall submit a written certification to the Producing Party by the 60-day deadline 18 that (1) confirms the destruction/deletion of all Confidential Material, including any copies of 19 Confidential Materials provided to persons required to execute Exhibit A (Affidavit), and (2) affirms the 20 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 21 22 reproducing or capturing any of the Confidential Material. Notwithstanding this provision, outside 23 counsel is entitled to retain an archival copy of filings, depositions, and deposition exhibits. 24 Procedure if Confidential Material Is Required to be Produced 25 27. If any person receiving documents covered by this Order is served with a subpoena, order, 26 interrogatory, or document or civil investigative demand (collectively, a “Demand”) issued in any other 27 action, investigation, or proceeding, and such Demand seeks material that was produced or designated 1 as Confidential Material by someone other than the Receiving Party, the Receiving Party shall give 2 prompt written notice by hand or electronic transmission within five (5) business days of receipt of such 3 Demand to the party or non-party who produced or designated the material as Confidential Material, and 4 shall object to the production of such materials on the grounds of the existence of this Order. At the 5 request of the party or non-party who produced or designated the material as Confidential Material, the 6 7 Receiving Party shall refuse to comply with the Demand unless (a) ordered to do so by a court with 8 jurisdiction over the Receiving Party; or (b) released in writing by the party or non-party who designated 9 the material as Confidential Material. The burden of opposing the enforcement of the Demand shall fall 10 upon the party or non-party who produced or designated the material as Confidential Material. 11 Compliance by the Receiving Party with any order of a court of competent jurisdiction, directing 12 production of any Confidential Material, shall not constitute a violation of this Order. 13 Application of this Order to Productions by Third Parties 14 15 28. This Order may be used by third parties producing documents in connection with this 16 action. Third parties may designate information as Confidential or Highly Confidential – Attorneys’ 17 Eyes Only. 18 29. If a third party produces (or intends to produce) documents and does not designate (or 19 does not intend to designate) those documents as Confidential Material, then any party to this action may 20 seek to designate that third party’s documents or categories of documents as Confidential Material. In 21 22 that case, it will be the burden of the party seeking protected status to move for a court order designating 23 the materials as Confidential Material after the parties confer. 24 30. In the event additional parties join or intervene in this litigation, the newly joined 25 party(ies) shall not have access to Confidential Material until its/their counsel has executed and, at the 26 request of any party, filed with the Court the agreement of such party(ies) and such counsel to be fully 27 bound by this Order. 1 31. The parties agree that nothing in this Order shall be deemed to limit the extent to which 2 counsel for the parties may advise or represent their respective clients, conduct discovery, prepare for 3 trial, present proof at trial, including any document designated Confidential Material as set forth herein, 4 or oppose the production or admissibility of any information or documents which have been requested. 5 32. This Order shall remain in full force and effect until such time as it is modified, amended, 6 7 or rescinded by the Court. 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 Respectfully submitted, 10 Dated: July 14, 2023 FISHER & PHILLIPS LLP 11 12 By: /s/ Jessica A. Taylor 13 Jason A. Geller Juan C. Araneda 14 Jessica A. Taylor Attorneys for Defendant 15 WAL-MART ASSOCIATES, INC. 16 17 18 Dated: July 14, 2023 KING & SIEGEL LLP 19 By: /s/ Rachel E. Sauer (As Authorized 7/14/2023) 20 Elliot J. Siegel Rachael E. Sauer 21 Attorneys for Plaintiff LUCINDA THOMPSON-PHILLIPS 22 23 24 25 26 27 1 ORDER 2 The court has reviewed the parties’ stipulated protective order. (See ECF No. 94.) The 3 || stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 141.1. 4 || The court APPROVES the protective order, subject to the following clarification. Once an action is 5 closed, “the court will not retain jurisdiction over enforcement of the terms of any protective order filed 6 in that action.” L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting that courts in the district generally do not retain jurisdiction for ’ disputes concerning protective orders after closure of the case). Thus, the court will not retain 8 jurisdiction over this protective order once the case is closed. ? Dated: July 17, 2023 10 Fesil Nernrmen— KENDALL 12 UNITED STATES MAGISTRATE JUDGE 13 |] thom.1245 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 Case No. 2:22-cv-01245-WBS-KIN 1 EXHIBIT A TO ORDER 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 LUCINDA THOMPSON-PHILLIPS, an Case No.: 2:22-cv-01245-WBS-KJN individual, 7 [Removed from Sacramento County Superior Plaintiff, Court, Civil Case No. 34-2022-00321245] 8 vs. STIPULATED PROTECTIVE ORDER 9 10 WAL-MART ASSOCIATES, INC., a Removal Filed: July 14, 2022 Delaware corporation; and Does 1-10, Complaint Filed: June 7, 2022 11 Inclusive, Trial Date: May 15, 2024 12 Defendants. 13 AFFIDAVIT OF COMPLIANCE WITH PROTECTIVE ORDER 14 15 1. My name is ___________________. I live at __________________________. I am working 16 on behalf (or at the direction and engagement) of __________________________. 17 2. I am aware that a Protective Order has been entered in the above-captioned lawsuit. A copy 18 of this Protective Order has been given to me, and I have read and understand the provisions of same. 19 20 3. I acknowledge that documents and information designated as confidential and/or highly 21 confidential pursuant to such Protective Order (“Confidential Materials”) are being disclosed to me only 22 upon the conditions that I agree (a) to be subject to the jurisdiction of this Court, and (b) to comply with 23 that Order. I hereby agree to abide by such Order, subject to all penalties prescribed therein, including 24 contempt of Court, for disobedience of said Order. I promise that the documents and information given 25 confidential treatment under the Protective Order entered in this case will be used by me only to assist 26 counsel for the parties in preparing for litigation of the above-captioned matter. I understand that any 27 use of such Confidential Material in any manner contrary to the provisions of the Protective Order may 1 subject me to the sanctions of this Court for contempt and to liability for any damages caused by my 2 breach of the Protective Order. 3 4. I shall not disclose nor permit to be reviewed or copied said Confidential Materials, or any 4 information derived from, by any person other than the parties and counsel for the parties or members 5 of their staff. 6 7 5. Within 30 days after the above-captioned lawsuit ends in a final non-appealable order, I agree 8 to destroy all Confidential Materials in my possession. 9 10 DATED: __________________________________ 11 Signature 12 13 __________________________________ 14 Printed Name 15 16 17 18 19 20 21 22 23 24 25 26 27 CERTIFICATE OF SERVICE 1 2 I, the undersigned, am employed in the County of San Francisco, State of California. I 3 am over the age of 18 and not a party to the within action; am employed with the law offices of 4 Fisher & Phillips LLP and my business address is 1 Montgomery Street, Suite 3400, San 5 Francisco, California 94104. 6 On July 14, 2023 I served the foregoing document entitled: STIPULATED 7 PROTECTIVE ORDER on all the appearing and/or interested parties in this action by placing 8 the original a true copy thereof addressed as follows: 9 Elliot Siegel Attorneys for Plaintiff 10 Rachael Sauer KING & SIEGEL LLP T: (213) 465-4802 11 724 S. Spring Street, Suite 201 F: (213) 465-4803 Los Angeles, CA 90014 E: elliot@kingsiegel.com 12 rsauer@kingsiegel.com sarah@kingsiegel.com 13 tiffany@kingsiegel.com  [by MAIL] - I am readily familiar with the firm's practice of collection and processing 14 correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, 15 California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is 16 more than one day after date of deposit for mailing this affidavit. 17  [by ELECTRONIC SUBMISSION] - I served the above listed document(s) described via the United States District Court’s Electronic Filing Program on the designated 18 recipients via electronic transmission through the CM/ECF system on the Court’s website. The Court’s CM/ECF system will generate a Notice of Electronic Filing (NEF) 19 to the filing party, 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 constitutes consent 20 to electronic service through the court’s transmission facilities. 21  [by ELECTRONIC SERVICE] - I certify that on the date below, I served the above listed document(s) via electronic mail to the listed recipient(s) email address(es) and such 22 transmission was sent from the following sender: lhamann@fisherphillips.com. I did not receive any electronic message or other indication that the transmission was unsuccessful. 23 I declare that I am employed in the office of a member of the bar of this Court at whose 24 direction the service was made. Executed July 14, 2023 at San Francisco, California. 25 26 Lisa Hamann By: Print Name Signature 27