Preview
1 Erica L. Rosasco (SBN 220836)
erica(®,mck;aguerosasco.com
2 Dawn M. Berry (SBN 292335)
3 dawn@,mcka2uerosasco.com
McKAGUE 1 ROSASCO L L P
4 1217 Pleasant Grove Blvd., Suite 120
Roseville, CA 95678
5
Telephone: (916) 672-6552
6 Facsimile: (916) 672-6563
7 Attomeys for Defendant TGC Enterprises, Inc.
8
DAVID YEREMIAN & ASSOCIATES, INC.
9 David Yeremian (SBN 226337)
David@yeremianlaw.com
10 Jason Rothman (SBN 304961)
11 Jason@yeremianlaw.com
535 N. Brand Blvd., Suite 705
12 Glendale, Califomia 91203
Telephone: (818) 230-8380
13
Facsimile: (818)230-0308
14
Attorneys for Plaintiff Chia Xiong,
15 on behalf of herself and all others similarly situated
16
17 SUPERIOR COURT OF THE STATE OF CALIFORNIA (^
18 FOR T H E COUNTY OF SACRAMENTO
19
20 CHIA XIONG, an individual, on behalf of Case No. 34-2020-00278650
21 herself arid others similarly situated,
STIPULATION AND P R O T E C T I V E ORDER
22 Plaintiff, - CONFIDENTIAL DESIGNATION ONLY
23
V.
24 Complaint Filed: May 14, 2020
TGC ENTERPRISES, INC., a Califomia
25 corporation; and DOES 1 through 50,
26 inclusive.
27 Defendants.
28
1
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
RECEIVED -
CiViL DROP BOX
Z020 DEC-3 PH 2:22
GDSSC COURTHOUSE
SUPERIOR COURT
OF CALIFORNIA
SACRAMENTO COUNTY
1 IT IS HEREBY STIPULATED by and between Plaintiff CHIA XIONG, an individual, on
2 behalf of herself and all others similarly situated, and Defendant TGC ENTERPRISES, INC., a
3 California Corporation, by and through their respective counsel of record, that in order to facilitate
4 the exchange of information and documents which may be subject to confidentiality limitations on
5 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows:
6 1. In this Stipulation and Protective Order, the words set forth below shall have the
7 following meanings:
8 a. "Proceeding" means the above-entitled proceeding, CHIA XIONG v. TGC
9 ENTERPRISES, INC., Case No. 34-2020-00278650.
10 b. "Court" means the Honorable David De Alba, or any other judge to which this
11 Proceeding may be assigned, including Court staff participating in such
12 proceedings.
13 c. "Confidential" means any information which is in the possession of a
14 Designating Party who believes in good faith that such infonnation is entitled
15 to confidential treatment under applicable law.
16 d. "Confidential Materials" means any Documents, Testimony or Information as
17 defined below designated as "Confidential" pursuant to the provisions of this
18 Stipulation and Protective Order,
19 e. "Designating Party" means the Party that designates Materials as
20 "Confidential."
21 f "Disclose," "Disclosed" or "Disclosure" means to reveal, divulge, give, or
22 make available Materials, or any part thereof, or any information contained
23 therein.
24 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as those
25 terms are defined by Califomia Evidence Code §§ 250, 255, and 260, which
26 have been produced in discovery in this Proceeding by any person, and (ii)
27 any copies, reproductions, or summaries of all or any part of the foregoing.
28 h. "Information" means the content of Documents or Testimony.
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
i. "Testimony" means all depositions, declarations or other testimony taken or
2 used in this Proceeding.
3 2. The Designating Party shall have the right to designate as "Confidential" any
4 Documents, Testimony or Information that the Designating Party in good faith believes to contain
5 non-public information that is entitled to confidential treatment under applicable law.
6 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or
7 abridge any right, privilege or protection otherwise available to any Party with respect to the
8 discovery of matters, including but not limited to any Party's right to assert the attorney-client
9 privilege, the attomey work product doctrine, or other privileges, or any Party's right to contest any
10 such assertion.
11 4. Any Documents, Testimony or Information to be designated as "Confidential" must
12 be clearly so designated before the Document, Testimony or Information is Disclosed or produced.
13 The parties may agree that the case name and number are to be part of the "Confidential"
14 designation. The "Confidential" designation should not obscure or interfere with the legibility of the
15 designated Information.
16 a. For Documents (apart from transcripts of depositions or other pretrial or trial
17 proceedings), the Designating Party must affix the legend "Confidential" on
18 each page of any Document containing such designated Confidential Material,
19 b. For Testimony given in depositions the Designating Party may either:
20 i. identify on the record, before the close of the deposition, all
21 "Confidential" Testimony, by specifying all portions of the Testimony
22 that qualify as "Confidential;" or
23 ii. designate the entirety of the Testimony at the deposition as
24 "Confidential" (before the deposition is concluded) with the right to
25 identify more specific portions of the Testimony as to which protection
26 is sought within 30 days following receipt of the deposition transcript.
27 In circumstances where portions of the deposition Testimony are
28 designated for protection, the transcript pages containing
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
1 "Confidential" Information may be separately bound by the court
2 reporter, who must affix to the top of each page the legend
3 "Confidential," as instructed by the Designating Party,
4 c. For Information produced in some form other than Documents, and for any
5 other tangible items, including, without limitation, compact discs or DVDs,
6 the Designating Party must affix in a prominent place on the exterior of the
7 container or containers in which the Information or item is stored the legend
8 "Confidential." If only portions of the Information or item warrant protection,
9 the Designating Party, to the extent practicable, shall identify the
10 "Confidential" portions.
11 5. The inadvertent production by any of the undersigned Parties or non-Parties to the
12 Proceedings of any Document, Testimony or Information during discovery in this Proceeding
13 without a "Confidential" designation, shall be without prejudice to any claim that such item is
14 "Confidential" and such Party shall not be held to have waived any rights by such inadvertent
15 production. In the event that any Document, Testimony or Information that is subject to a
16 "Confidential" designation is inadvertently produced without such designation, the Party that
17 inadvertently produced the document shall give written notice of such inadvertent production within
18 twenty (20) days of discovery of the inadvertent production, together with a further copy of the
19 subject Document, Testimony or Information designated as "Confidential" (the "Inadvertent
20 Production Notice"). Upon receipt of such Inadvertent Production Notice, the Party that received the
21 inadvertently produced Document, Testimony or Information shall promptly destroy the
22 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the
23 expense of the producing Party, return such together with all copies of such Document, Testimony or
24 Infomiation to counsel for the producing Party and shall retain only the "Confidential" designated
25 Materials. Should the receiving Party choose to destroy such inadvertently produced Document,
26 Testimony or Information, the receiving Party shall notify the producing Party in writing of such
27 destruction within ten days of receipt of written notice of the inadvertent production. This provision
28 is not intended to apply to any inadvertent production of any Information protected by attorney-
STEPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
client or work product privileges. In the event that this provision conflicts with any applicable law
2 regarding waiver of confidentiality through the inadvertent production of Documents, Testimony or
3 Information, such law shall govern.
4 6. In the event that counsel for a Party receiving Documents, Testimony or Information
5 in discovery designated as "Confidential" objects to such designation with respect to any or all of
6 such items, said counsel shall advise counsel for the Designating Party, in writing, of such
7 objections, the specific Documents, Testimony or Information to which each objection pertains, and
8 the specific reasons and support for such objections (the "Designation Objections"). Counsel for the
9 Designating Party shall have 30 days from receipt of the written Designation Objections to either: (a)
10 agree in writing to de-designate Documents, Testimony or Information pursuant to any or all of the
11 Designation Objections; and/or (b) file a motion with the Court seeking to uphold any or all
12 designations on Documents, Testimony or Information addressed by the Designation Objections (the
13 "Designation Motion"). Pending a resolution of the Designation Motion by the Court, any and all
14 existing designations on the Documents, Testimony or Information at issue in such Motion shall
15 remain in place. The Designating Party shall have the burden on any Designation Motion of
16 establishing the applicability of its "Confidential" designation. In the event that the Designation
17 Objections are neither timely agreed to nor timely addressed in the Designation Motion, then such
18 Documents, Testimony or Information shall be de-designated in accordance with the Designation
19 Objection applicable to such material.
20 7. Access to and/or Disclosure of Confidential Materials designated as "Confidential"
21 shall be permitted only to the following persons:
22 a. The Court;
23 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys,
24 paralegals, clerical and secretarial staff employed by such attomeys who are
25 actively involved in the Proceedings and are not employees of any Party; and
26 (2) In-house counsel to the undersigned Parties and the paralegal, clerical and
27 secretarial staff employed by such counsel. Provided, however, that each non-
28 lawyer given access to Confidential Materials shall be advised that such
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
1 Materials are being Disclosed pursuant to, and are subject to, the terms of this
2 Stipulation and Protective Order and that they may not be Disclosed other
3 than pursuant to its terms;
4 c. Those officers, directors, partners, members, employees and agents of all non-
5 designating Parties that counsel for such Parties deems necessary to aid
6 counsel in the prosecution and defense of this Proceeding, provided however,
7 that prior to the Disclosure of Confidential Materials to any such officer,
8 director, partner, member, employee or agent, counsel for the Party making
9 the Disclosure shall deliver a copy of this Stipulation and Protective Order to
10 such person, shall explain that such person is bound to follow the terms of
11 such Order, and shall secure the signature of such person on a statement in the
12 form attached hereto as Exhibit A;
13 ' " d. 'Court reporters in this Proceeding (whether at depositions, hearings, or any
14 other proceeding);
15 e. Any deposition, trial or hearing witness in the Proceeding who previously has
16 had access to the Confidential Materials, or who is currently or was previously
17 an officer, director, partner, member, employee or agent of an entity that has
18 had access to the Confidential Materials;
19 f. Any deposition or non-trial hearing witness in the Proceeding who previously
20 did not have access to the Confidential Materials, provided however, that each
21 such witness given access to Confidential Materials shall be advised that such
22 Materials are being Disclosed pursuant to, and are subject to, the terms of this
23 Stipulation and Protective Order and that they may not be Disclosed other
24 than pursuant to its terms;
25 g. Mock jury participants, provided, however, that prior to the Disclosure of
26 Confidential Materials to any such mock jury participant, counsel for the Party
27 making the Disclosure shall deliver a copy of this Stipulation and Protective
28 Order to such person, shall explain that such person is bound to follow the
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
terms of such Order, and shall secure the signature of such person on a
2 statement in the form attached hereto as Exhibit A.
3 h. Outside experts or expert consultants consulted by the undersigned Parties or
4 their counsel in connection with the Proceeding, whether or not retained to
5 testify at any oral hearing, provided however, that prior to the Disclosure of
6 Confidential Materials to any such expert or expert consultant, counsel for the
7 Party making the Disclosure shall deliver a copy of this Stipulation and
8 Protective Order to such person, shall explain its terms to such person, and
9 shall secure the signature of such person on a statement in the form attached
10 hereto as Exhibit A. It shall be the obligation of counsel, upon learning of any
11 breach or threatened breach of this Stipulation and Protective Order by any
12 such expert or expert consultant, to promptly notify counsel for the
13 Designating Party of such breach or threatened breach; and
14 i. Any other person that the Designating Party agrees to in writing.
15 8. Confidential Materials shall be used by the persons receiving them only for the
16 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or
17 defending the Proceeding, and not for any business or other purpose whatsoever.
18 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation
19 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the
20 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
21 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
22 Protective Order shall not:
23 a. Operate as an admission by any person that any particular Document,
24 Testimony or Information marked "Confidential" contains or reflects trade
25 secrets, proprietary, confidential or competitively sensitive business,
26 commercial, financial or personal information; or
27 b. Prejudice in any way the right of any Party (or any other person subject to the
28 terms of this Stipulation and Protective Order):
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
1 i. to seek a determination by the Court of whether any particular
2 Confidential Material should be subject to protection as "Confidential"
3 under the terms of this Stipulation and Protective Order; or
4 ii. to seek relief from the Court on appropriate notice to all other Parties
5 to the Proceeding from any provision(s) of this Stipulation and
6 Protective Order, either generally or as to any particular Document,
7 Material or Infonnation.
8 11. Any Party to the Proceeding who has not executed this Stipulation and Protective
9 Order as of the time it is presented to the Court for signature may thereafter become a Party to this
10 Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the
11 same with the Court, and serving copies of such signed and dated copy upon the other Parties to this
12 Stipulation and Protective Order.
13 12. Any Information that may be produced by a non-Party witness in discovery in the
14 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
15 "Confidential" under the terms of this Stipulation and Protective Order, and any such designation by
16 a non-Party shall have the same force and effect, and create the same duties and obligations, as i f
17 made by one of the undersigned Parties hereto. Any such designation shall also function as a consent
18 by such producing Party to the authority of the Court in the Proceeding to resolve and conclusively
19 determine any motion or other application made by any person or Party with respect to such
20 designation, or any other matter otherwise arising under this Stipulation and Protective Order.
21 13. If any person subject to this Stipulation and Protective Order who has custody of any
22 Confidential Materials receives a subpoena or other process ("Subpoena") from any government or
23 other person or entity demanding production of Confidential Materials, the recipient of the Subpoena
24 shall promptly give notice of the same by electronic mail transmission, followed by either express
25 mail or ovemight delivery to counsel of record for the Designating Party, and shall fumish such
26 counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, in its
27 sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose
28 production of the Confidential Materials, and/or seek to obtain confidential treatment of such
8
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
Confidential Materials from the subpoenaing person or entity to the fullest extent available under
2 law. The recipient of the Subpoena may not produce any Documents, Testimony or Information
3 pursuant to the Subpoena prior to the date specified for production on the Subpoena.
4 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either
5 Party from asserting in good faith that certain Confidential Materials require additional protection.
6 The Parties shall meet and confer to agree upon the terms of such additional protection.
7 15. If, after execution of this Stipulation and Protective Order, any Confidential Materials
8 submitted by a Designating Party under the terms of this Stipulation and Protective Order is
9 Disclosed by a non-Designating Party to any person other than in the manner authorized by this
10 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall
11 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate
12 attention of the Designating Party.
13 16. This Stipulation and Protective Order is entered into without prejudice to the right of
14 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
15 Confidential Materials designated by that Party. If the Designating Party uses Confidential Materials
16 in a non-Confidential manner, then the Designating Party shall advise that the designation no longer
17 applies.
18 17. Where any Confidential Materials, or Information derived from Confidential
19 Materials, is included in any motion or other proceeding governed by Califomia Rules of Court,
20 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or other
21 proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following shall
22 apply: If Confidential Materials or Information derived from Confidential Materials are submitted to
23 or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same
24 shall be separately filed under seal with the clerk of the Court in an envelope marked:
25 "CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND
26 WITHOUT ANY FURTHER SEALING ORDER REQUIRED."
27 18. The Parties shall meet and confer regarding the procedures for use of Confidential
28 Materials at trial and shall move the Court for entry of an appropriate order.
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
2 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to
3 pursue other appropriate judicial action with respect to any ruling made by the Court concerning the
4 issue of the status of Protected Material.
5 20. This Stipulation and Protective Order shall continue to be binding after the conclusion
6 of this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party
7 may seek the written permission of the Designating Party or may move the Court for relief from the
8 provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court shall
9 retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective Order, even after
10 the Proceeding is terminated.
11 21. After this Stipulation and Protective Order has been signed by counsel for all Parties,
12 it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein
13 with regard to any Confidential Materials that have been produced before the Court signs this
14 Stipulation and Protective Order.
15 22. The Parties and all signatories to the Certification attached hereto as Exhibit A agree
16 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In
17 the event that the Court modifies this Stipulation and Protective Order, or in the event that the Court
18 enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective
19 Order until such time as the Court may enter such a different Order. It is the Parties' intent to be
20 bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for
21 immediate production of Confidential Materials under the terms herein. This Stipulation and
22 Protective Order may be executed in counterparts.
23 ///
24 ///
25 III '
26 III
27 III
28 III
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STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
1
Dated: Npvgmber _2_, 2020
2
3
4
rica L.
5 oWn M. Be
Attomeys for ant TGC Enterprises, Inc.
6
7
8
DATED: November 30, 2020 DAVID YEREMIAN & ASSOCIATES, INC.
9
/ •/•"-•'^•'
10
11 By_
Jason ^otlman
12 Attomeys for Plaintiff Chia Xiong, and all others
similarly situated
13
14
15
16
STIPULATION AND PROTECTIVE ORDER- CONFIDENTIAL DESIGNATION ONLY
rPROPOSEDI ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective
3 Order.
4 IT IS SO ORDERED.
5
6 Dated:
7 HON. DAVID DE ALBA
8 SUPERIOR COURT OF SACRAMENTO COUNTY
9
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STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
1 EXHIBIT A
2 CERTIFICATION R E : CONFIDENTIAL DISCOVERY MATERIALS
3 I hereby acknowledge that I , [NAME],
4 [POSITION AND EMPLOYER], am about to receive
5 Confidential Materials supplied in connection with the Proceeding, CHIA XIONG v. TGC
6 ENTERPRISES, FNC, Case No. 34-2020-00278650. I certify that I understand that the Confidential
7 Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective
8 Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I
9 have read it, and I agree to be bound by its terms. I understand that Confidential Materials, as
10 defined in the Stipulation and Protective Order, including any notes or other records that may be
11 made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted
12 by the Stipulation and Protective Order. I will not copy or use, except solely for the purposes of this
13 Proceeding, any Confidential Materials obtained pursuant to this Protective Order, except as
14 provided therein or otherwise ordered by the Court in the Proceeding.
15 I understand that Confidential Materials, as defined in the Stipulation and Protective Order,
16 including any notes or other records that may be made regarding any such materials, shall not be
17 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will not
18 copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained
19 pursuant to this Protective Order, except as provided therein or otherwise ordered by the Court in the
20 Proceeding.
21 I further understand that I am to retain all copies of all Confidential Materials provided to me
22 in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my
23 personal custody until termination of my participation in this Proceeding, whereupon the copies of
24 such Materials will be returned to counsel who provided me with such Materials.
25 ///
26 ///
27 ///
28 ///
13
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
I declare under penalty of perjury, under the laws of the State of California, that the
2 foregoing is true and correct. Executed this day of ,20 , at
3
4
5 Dated: By:
Signature
6
7
8 Title
9
10
Address
11
12
13 City, State, Zip
14
15
Telephone Number
16
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
PROOF OF S E R V I C E
Chia Xiong v. TGC Enterprises, Inc.
2
Sacramento County Superior Court Case No. 34-2020-00278650
3
I am over the age of eighteen years and not a party to the within above-entitled action. I am
4 an employee of McKague Rosasco LLP, and my business address is 1217 Pleasant Grove
Boulevard, Suite 120, Roseville, CA 95678.
5
On this date, December 3, 2020,1 caused to be served the within document(s)
6
STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY
7
on the parties in said action addressed as follows:
8
9 David Yeremian
Jason Rothman
10 DAVID YEREMLA.N & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
11
Glendale, CA 91203
12 Phone-(818) 230-8380
Fax-(818) 230-0308 . . .
13 David@vereminanlaw.com
14 Jason@veremianlaw.com
15 Walter Haines
UNITED EMPLOYEES LAW GROUP, PC
16 -55OO-Balsa-Ave^Suit^20-l •
17 Hunting Beach, CA 92649
Phone-(310) 652-2242
J8 whaines@uelg.com
Attorneys for Plaintiff
19
20 (x) [By Mail] I am familiar with my employer's practice for the collecting and processing of
correspondence for mailing with the United States Postal Service and that each day's mail
21 is deposited in the ordinary course of business. On the date set forth above, I served the
aforementioned document(s) on the parties in said action, addressed as set forth above, by
22
placing a true copy in a sealed envelope with First Class postage fully prepaid, at Roseville,
23 CA.
24 0 [By Facsimile] I faxed the document(s) to the person(s) at the fax number(s) listed in the
service list. The telephone number of the sending facsimile machine is (916) 672-6563.
25 The sending facsimile machine issued a transmission report confirming that the
transmission was complete and without error.
26
0 [By Electronic Mail] I caused said document(s) to be sent via electronic mail to the
27 addressee(s) at the email address(es) listed above.
28
1
PROOF OF SERVICE
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
1 is true and correct, and that this declaration was executed on December 3, 2020, at Roseville, CA.
2
3
/s/ Marilvn Crespo
4 Marilyn Crespo
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PROOF OF SERVICE
Preview
1 Erica L. Rosasco (SBN 220836) erica(®,mck;aguerosasco.com 2 Dawn M. Berry (SBN 292335) 3 dawn@,mcka2uerosasco.com McKAGUE 1 ROSASCO L L P 4 1217 Pleasant Grove Blvd., Suite 120 Roseville, CA 95678 5 Telephone: (916) 672-6552 6 Facsimile: (916) 672-6563 7 Attomeys for Defendant TGC Enterprises, Inc. 8 DAVID YEREMIAN & ASSOCIATES, INC. 9 David Yeremian (SBN 226337) David@yeremianlaw.com 10 Jason Rothman (SBN 304961) 11 Jason@yeremianlaw.com 535 N. Brand Blvd., Suite 705 12 Glendale, Califomia 91203 Telephone: (818) 230-8380 13 Facsimile: (818)230-0308 14 Attorneys for Plaintiff Chia Xiong, 15 on behalf of herself and all others similarly situated 16 17 SUPERIOR COURT OF THE STATE OF CALIFORNIA (^ 18 FOR T H E COUNTY OF SACRAMENTO 19 20 CHIA XIONG, an individual, on behalf of Case No. 34-2020-00278650 21 herself arid others similarly situated, STIPULATION AND P R O T E C T I V E ORDER 22 Plaintiff, - CONFIDENTIAL DESIGNATION ONLY 23 V. 24 Complaint Filed: May 14, 2020 TGC ENTERPRISES, INC., a Califomia 25 corporation; and DOES 1 through 50, 26 inclusive. 27 Defendants. 28 1 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY RECEIVED - CiViL DROP BOX Z020 DEC-3 PH 2:22 GDSSC COURTHOUSE SUPERIOR COURT OF CALIFORNIA SACRAMENTO COUNTY 1 IT IS HEREBY STIPULATED by and between Plaintiff CHIA XIONG, an individual, on 2 behalf of herself and all others similarly situated, and Defendant TGC ENTERPRISES, INC., a 3 California Corporation, by and through their respective counsel of record, that in order to facilitate 4 the exchange of information and documents which may be subject to confidentiality limitations on 5 disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate as follows: 6 1. In this Stipulation and Protective Order, the words set forth below shall have the 7 following meanings: 8 a. "Proceeding" means the above-entitled proceeding, CHIA XIONG v. TGC 9 ENTERPRISES, INC., Case No. 34-2020-00278650. 10 b. "Court" means the Honorable David De Alba, or any other judge to which this 11 Proceeding may be assigned, including Court staff participating in such 12 proceedings. 13 c. "Confidential" means any information which is in the possession of a 14 Designating Party who believes in good faith that such infonnation is entitled 15 to confidential treatment under applicable law. 16 d. "Confidential Materials" means any Documents, Testimony or Information as 17 defined below designated as "Confidential" pursuant to the provisions of this 18 Stipulation and Protective Order, 19 e. "Designating Party" means the Party that designates Materials as 20 "Confidential." 21 f "Disclose," "Disclosed" or "Disclosure" means to reveal, divulge, give, or 22 make available Materials, or any part thereof, or any information contained 23 therein. 24 g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as those 25 terms are defined by Califomia Evidence Code §§ 250, 255, and 260, which 26 have been produced in discovery in this Proceeding by any person, and (ii) 27 any copies, reproductions, or summaries of all or any part of the foregoing. 28 h. "Information" means the content of Documents or Testimony. STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY i. "Testimony" means all depositions, declarations or other testimony taken or 2 used in this Proceeding. 3 2. The Designating Party shall have the right to designate as "Confidential" any 4 Documents, Testimony or Information that the Designating Party in good faith believes to contain 5 non-public information that is entitled to confidential treatment under applicable law. 6 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or 7 abridge any right, privilege or protection otherwise available to any Party with respect to the 8 discovery of matters, including but not limited to any Party's right to assert the attorney-client 9 privilege, the attomey work product doctrine, or other privileges, or any Party's right to contest any 10 such assertion. 11 4. Any Documents, Testimony or Information to be designated as "Confidential" must 12 be clearly so designated before the Document, Testimony or Information is Disclosed or produced. 13 The parties may agree that the case name and number are to be part of the "Confidential" 14 designation. The "Confidential" designation should not obscure or interfere with the legibility of the 15 designated Information. 16 a. For Documents (apart from transcripts of depositions or other pretrial or trial 17 proceedings), the Designating Party must affix the legend "Confidential" on 18 each page of any Document containing such designated Confidential Material, 19 b. For Testimony given in depositions the Designating Party may either: 20 i. identify on the record, before the close of the deposition, all 21 "Confidential" Testimony, by specifying all portions of the Testimony 22 that qualify as "Confidential;" or 23 ii. designate the entirety of the Testimony at the deposition as 24 "Confidential" (before the deposition is concluded) with the right to 25 identify more specific portions of the Testimony as to which protection 26 is sought within 30 days following receipt of the deposition transcript. 27 In circumstances where portions of the deposition Testimony are 28 designated for protection, the transcript pages containing STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 1 "Confidential" Information may be separately bound by the court 2 reporter, who must affix to the top of each page the legend 3 "Confidential," as instructed by the Designating Party, 4 c. For Information produced in some form other than Documents, and for any 5 other tangible items, including, without limitation, compact discs or DVDs, 6 the Designating Party must affix in a prominent place on the exterior of the 7 container or containers in which the Information or item is stored the legend 8 "Confidential." If only portions of the Information or item warrant protection, 9 the Designating Party, to the extent practicable, shall identify the 10 "Confidential" portions. 11 5. The inadvertent production by any of the undersigned Parties or non-Parties to the 12 Proceedings of any Document, Testimony or Information during discovery in this Proceeding 13 without a "Confidential" designation, shall be without prejudice to any claim that such item is 14 "Confidential" and such Party shall not be held to have waived any rights by such inadvertent 15 production. In the event that any Document, Testimony or Information that is subject to a 16 "Confidential" designation is inadvertently produced without such designation, the Party that 17 inadvertently produced the document shall give written notice of such inadvertent production within 18 twenty (20) days of discovery of the inadvertent production, together with a further copy of the 19 subject Document, Testimony or Information designated as "Confidential" (the "Inadvertent 20 Production Notice"). Upon receipt of such Inadvertent Production Notice, the Party that received the 21 inadvertently produced Document, Testimony or Information shall promptly destroy the 22 inadvertently produced Document, Testimony or Information and all copies thereof, or, at the 23 expense of the producing Party, return such together with all copies of such Document, Testimony or 24 Infomiation to counsel for the producing Party and shall retain only the "Confidential" designated 25 Materials. Should the receiving Party choose to destroy such inadvertently produced Document, 26 Testimony or Information, the receiving Party shall notify the producing Party in writing of such 27 destruction within ten days of receipt of written notice of the inadvertent production. This provision 28 is not intended to apply to any inadvertent production of any Information protected by attorney- STEPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY client or work product privileges. In the event that this provision conflicts with any applicable law 2 regarding waiver of confidentiality through the inadvertent production of Documents, Testimony or 3 Information, such law shall govern. 4 6. In the event that counsel for a Party receiving Documents, Testimony or Information 5 in discovery designated as "Confidential" objects to such designation with respect to any or all of 6 such items, said counsel shall advise counsel for the Designating Party, in writing, of such 7 objections, the specific Documents, Testimony or Information to which each objection pertains, and 8 the specific reasons and support for such objections (the "Designation Objections"). Counsel for the 9 Designating Party shall have 30 days from receipt of the written Designation Objections to either: (a) 10 agree in writing to de-designate Documents, Testimony or Information pursuant to any or all of the 11 Designation Objections; and/or (b) file a motion with the Court seeking to uphold any or all 12 designations on Documents, Testimony or Information addressed by the Designation Objections (the 13 "Designation Motion"). Pending a resolution of the Designation Motion by the Court, any and all 14 existing designations on the Documents, Testimony or Information at issue in such Motion shall 15 remain in place. The Designating Party shall have the burden on any Designation Motion of 16 establishing the applicability of its "Confidential" designation. In the event that the Designation 17 Objections are neither timely agreed to nor timely addressed in the Designation Motion, then such 18 Documents, Testimony or Information shall be de-designated in accordance with the Designation 19 Objection applicable to such material. 20 7. Access to and/or Disclosure of Confidential Materials designated as "Confidential" 21 shall be permitted only to the following persons: 22 a. The Court; 23 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys, 24 paralegals, clerical and secretarial staff employed by such attomeys who are 25 actively involved in the Proceedings and are not employees of any Party; and 26 (2) In-house counsel to the undersigned Parties and the paralegal, clerical and 27 secretarial staff employed by such counsel. Provided, however, that each non- 28 lawyer given access to Confidential Materials shall be advised that such STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 1 Materials are being Disclosed pursuant to, and are subject to, the terms of this 2 Stipulation and Protective Order and that they may not be Disclosed other 3 than pursuant to its terms; 4 c. Those officers, directors, partners, members, employees and agents of all non- 5 designating Parties that counsel for such Parties deems necessary to aid 6 counsel in the prosecution and defense of this Proceeding, provided however, 7 that prior to the Disclosure of Confidential Materials to any such officer, 8 director, partner, member, employee or agent, counsel for the Party making 9 the Disclosure shall deliver a copy of this Stipulation and Protective Order to 10 such person, shall explain that such person is bound to follow the terms of 11 such Order, and shall secure the signature of such person on a statement in the 12 form attached hereto as Exhibit A; 13 ' " d. 'Court reporters in this Proceeding (whether at depositions, hearings, or any 14 other proceeding); 15 e. Any deposition, trial or hearing witness in the Proceeding who previously has 16 had access to the Confidential Materials, or who is currently or was previously 17 an officer, director, partner, member, employee or agent of an entity that has 18 had access to the Confidential Materials; 19 f. Any deposition or non-trial hearing witness in the Proceeding who previously 20 did not have access to the Confidential Materials, provided however, that each 21 such witness given access to Confidential Materials shall be advised that such 22 Materials are being Disclosed pursuant to, and are subject to, the terms of this 23 Stipulation and Protective Order and that they may not be Disclosed other 24 than pursuant to its terms; 25 g. Mock jury participants, provided, however, that prior to the Disclosure of 26 Confidential Materials to any such mock jury participant, counsel for the Party 27 making the Disclosure shall deliver a copy of this Stipulation and Protective 28 Order to such person, shall explain that such person is bound to follow the STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY terms of such Order, and shall secure the signature of such person on a 2 statement in the form attached hereto as Exhibit A. 3 h. Outside experts or expert consultants consulted by the undersigned Parties or 4 their counsel in connection with the Proceeding, whether or not retained to 5 testify at any oral hearing, provided however, that prior to the Disclosure of 6 Confidential Materials to any such expert or expert consultant, counsel for the 7 Party making the Disclosure shall deliver a copy of this Stipulation and 8 Protective Order to such person, shall explain its terms to such person, and 9 shall secure the signature of such person on a statement in the form attached 10 hereto as Exhibit A. It shall be the obligation of counsel, upon learning of any 11 breach or threatened breach of this Stipulation and Protective Order by any 12 such expert or expert consultant, to promptly notify counsel for the 13 Designating Party of such breach or threatened breach; and 14 i. Any other person that the Designating Party agrees to in writing. 15 8. Confidential Materials shall be used by the persons receiving them only for the 16 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or 17 defending the Proceeding, and not for any business or other purpose whatsoever. 18 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation 19 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the 20 Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. 21 10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and 22 Protective Order shall not: 23 a. Operate as an admission by any person that any particular Document, 24 Testimony or Information marked "Confidential" contains or reflects trade 25 secrets, proprietary, confidential or competitively sensitive business, 26 commercial, financial or personal information; or 27 b. Prejudice in any way the right of any Party (or any other person subject to the 28 terms of this Stipulation and Protective Order): STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 1 i. to seek a determination by the Court of whether any particular 2 Confidential Material should be subject to protection as "Confidential" 3 under the terms of this Stipulation and Protective Order; or 4 ii. to seek relief from the Court on appropriate notice to all other Parties 5 to the Proceeding from any provision(s) of this Stipulation and 6 Protective Order, either generally or as to any particular Document, 7 Material or Infonnation. 8 11. Any Party to the Proceeding who has not executed this Stipulation and Protective 9 Order as of the time it is presented to the Court for signature may thereafter become a Party to this 10 Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the 11 same with the Court, and serving copies of such signed and dated copy upon the other Parties to this 12 Stipulation and Protective Order. 13 12. Any Information that may be produced by a non-Party witness in discovery in the 14 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 15 "Confidential" under the terms of this Stipulation and Protective Order, and any such designation by 16 a non-Party shall have the same force and effect, and create the same duties and obligations, as i f 17 made by one of the undersigned Parties hereto. Any such designation shall also function as a consent 18 by such producing Party to the authority of the Court in the Proceeding to resolve and conclusively 19 determine any motion or other application made by any person or Party with respect to such 20 designation, or any other matter otherwise arising under this Stipulation and Protective Order. 21 13. If any person subject to this Stipulation and Protective Order who has custody of any 22 Confidential Materials receives a subpoena or other process ("Subpoena") from any government or 23 other person or entity demanding production of Confidential Materials, the recipient of the Subpoena 24 shall promptly give notice of the same by electronic mail transmission, followed by either express 25 mail or ovemight delivery to counsel of record for the Designating Party, and shall fumish such 26 counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, in its 27 sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose 28 production of the Confidential Materials, and/or seek to obtain confidential treatment of such 8 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY Confidential Materials from the subpoenaing person or entity to the fullest extent available under 2 law. The recipient of the Subpoena may not produce any Documents, Testimony or Information 3 pursuant to the Subpoena prior to the date specified for production on the Subpoena. 4 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either 5 Party from asserting in good faith that certain Confidential Materials require additional protection. 6 The Parties shall meet and confer to agree upon the terms of such additional protection. 7 15. If, after execution of this Stipulation and Protective Order, any Confidential Materials 8 submitted by a Designating Party under the terms of this Stipulation and Protective Order is 9 Disclosed by a non-Designating Party to any person other than in the manner authorized by this 10 Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall 11 bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate 12 attention of the Designating Party. 13 16. This Stipulation and Protective Order is entered into without prejudice to the right of 14 any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 15 Confidential Materials designated by that Party. If the Designating Party uses Confidential Materials 16 in a non-Confidential manner, then the Designating Party shall advise that the designation no longer 17 applies. 18 17. Where any Confidential Materials, or Information derived from Confidential 19 Materials, is included in any motion or other proceeding governed by Califomia Rules of Court, 20 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or other 21 proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the following shall 22 apply: If Confidential Materials or Information derived from Confidential Materials are submitted to 23 or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same 24 shall be separately filed under seal with the clerk of the Court in an envelope marked: 25 "CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND 26 WITHOUT ANY FURTHER SEALING ORDER REQUIRED." 27 18. The Parties shall meet and confer regarding the procedures for use of Confidential 28 Materials at trial and shall move the Court for entry of an appropriate order. STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into 2 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or to 3 pursue other appropriate judicial action with respect to any ruling made by the Court concerning the 4 issue of the status of Protected Material. 5 20. This Stipulation and Protective Order shall continue to be binding after the conclusion 6 of this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party 7 may seek the written permission of the Designating Party or may move the Court for relief from the 8 provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court shall 9 retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective Order, even after 10 the Proceeding is terminated. 11 21. After this Stipulation and Protective Order has been signed by counsel for all Parties, 12 it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein 13 with regard to any Confidential Materials that have been produced before the Court signs this 14 Stipulation and Protective Order. 15 22. The Parties and all signatories to the Certification attached hereto as Exhibit A agree 16 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In 17 the event that the Court modifies this Stipulation and Protective Order, or in the event that the Court 18 enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective 19 Order until such time as the Court may enter such a different Order. It is the Parties' intent to be 20 bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for 21 immediate production of Confidential Materials under the terms herein. This Stipulation and 22 Protective Order may be executed in counterparts. 23 /// 24 /// 25 III ' 26 III 27 III 28 III 10 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 1 Dated: Npvgmber _2_, 2020 2 3 4 rica L. 5 oWn M. Be Attomeys for ant TGC Enterprises, Inc. 6 7 8 DATED: November 30, 2020 DAVID YEREMIAN & ASSOCIATES, INC. 9 / •/•"-•'^•' 10 11 By_ Jason ^otlman 12 Attomeys for Plaintiff Chia Xiong, and all others similarly situated 13 14 15 16 STIPULATION AND PROTECTIVE ORDER- CONFIDENTIAL DESIGNATION ONLY rPROPOSEDI ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 3 Order. 4 IT IS SO ORDERED. 5 6 Dated: 7 HON. DAVID DE ALBA 8 SUPERIOR COURT OF SACRAMENTO COUNTY 9 10 11 12 13 14 15 16 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 1 EXHIBIT A 2 CERTIFICATION R E : CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I , [NAME], 4 [POSITION AND EMPLOYER], am about to receive 5 Confidential Materials supplied in connection with the Proceeding, CHIA XIONG v. TGC 6 ENTERPRISES, FNC, Case No. 34-2020-00278650. I certify that I understand that the Confidential 7 Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective 8 Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I 9 have read it, and I agree to be bound by its terms. I understand that Confidential Materials, as 10 defined in the Stipulation and Protective Order, including any notes or other records that may be 11 made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted 12 by the Stipulation and Protective Order. I will not copy or use, except solely for the purposes of this 13 Proceeding, any Confidential Materials obtained pursuant to this Protective Order, except as 14 provided therein or otherwise ordered by the Court in the Proceeding. 15 I understand that Confidential Materials, as defined in the Stipulation and Protective Order, 16 including any notes or other records that may be made regarding any such materials, shall not be 17 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will not 18 copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained 19 pursuant to this Protective Order, except as provided therein or otherwise ordered by the Court in the 20 Proceeding. 21 I further understand that I am to retain all copies of all Confidential Materials provided to me 22 in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my 23 personal custody until termination of my participation in this Proceeding, whereupon the copies of 24 such Materials will be returned to counsel who provided me with such Materials. 25 /// 26 /// 27 /// 28 /// 13 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY I declare under penalty of perjury, under the laws of the State of California, that the 2 foregoing is true and correct. Executed this day of ,20 , at 3 4 5 Dated: By: Signature 6 7 8 Title 9 10 Address 11 12 13 City, State, Zip 14 15 Telephone Number 16 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY PROOF OF S E R V I C E Chia Xiong v. TGC Enterprises, Inc. 2 Sacramento County Superior Court Case No. 34-2020-00278650 3 I am over the age of eighteen years and not a party to the within above-entitled action. I am 4 an employee of McKague Rosasco LLP, and my business address is 1217 Pleasant Grove Boulevard, Suite 120, Roseville, CA 95678. 5 On this date, December 3, 2020,1 caused to be served the within document(s) 6 STIPULATION AND PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY 7 on the parties in said action addressed as follows: 8 9 David Yeremian Jason Rothman 10 DAVID YEREMLA.N & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 11 Glendale, CA 91203 12 Phone-(818) 230-8380 Fax-(818) 230-0308 . . . 13 David@vereminanlaw.com 14 Jason@veremianlaw.com 15 Walter Haines UNITED EMPLOYEES LAW GROUP, PC 16 -55OO-Balsa-Ave^Suit^20-l • 17 Hunting Beach, CA 92649 Phone-(310) 652-2242 J8 whaines@uelg.com Attorneys for Plaintiff 19 20 (x) [By Mail] I am familiar with my employer's practice for the collecting and processing of correspondence for mailing with the United States Postal Service and that each day's mail 21 is deposited in the ordinary course of business. On the date set forth above, I served the aforementioned document(s) on the parties in said action, addressed as set forth above, by 22 placing a true copy in a sealed envelope with First Class postage fully prepaid, at Roseville, 23 CA. 24 0 [By Facsimile] I faxed the document(s) to the person(s) at the fax number(s) listed in the service list. The telephone number of the sending facsimile machine is (916) 672-6563. 25 The sending facsimile machine issued a transmission report confirming that the transmission was complete and without error. 26 0 [By Electronic Mail] I caused said document(s) to be sent via electronic mail to the 27 addressee(s) at the email address(es) listed above. 28 1 PROOF OF SERVICE I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 1 is true and correct, and that this declaration was executed on December 3, 2020, at Roseville, CA. 2 3 /s/ Marilvn Crespo 4 Marilyn Crespo 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE