Preview
1 Mary Arens McBride, Esq. (SBN: 282459)
Alexandria O. Pappas, Esq. (SBN: 326149)
2 Erskine Law Group, APC
1592N. Batavia Street, Suite 1A
3 Orange, CA 92867
Tel: (949) 777-6032
4 Fax: (714) 844-9035
marensmcbride@erskinelaw.com
5 apappas@erskinelaw.com
6
Attorneys for DEFENDANT, GENERAL
7 MOTORS LLC
8 Phil Thomas (SBN #248517)
KNIGHT LAW GROUP, LLP
9 10250 Constellation Blvd., Suite 2500 Los
Angeles, CA 90067
10 emailservice@knightlaw.com
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 Attorney for PLAINTIFF(S),
SHAWN AVERY
ERSKINE LAW GROUP, PC
12
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 FOR THE COUNTY OF MONTEREY
15 SHAWN AVERY
Case No: 23CV000503
16
STIPULATION AND
17 Plaintiff(s),
PROTECTIVE ORDER –
18
vs. CONFIDENTIAL
DESIGNATION ONLY
GENERAL MOTORS, LLC, A Delaware
19
Limited Liability Company, and DOES 1
Hon. VANESSA W. VALLARTA
20 through 10, inclusive,
Dept. 13
21 Defendants.
22
IT IS HEREBY STIPULATED by and between the Parties to SHAWN AVERY
23
v. GENERAL MOTORS LLC, by and through their respective counsel of record, that in
24
order to facilitate the exchange of information and documents which may be
25
subject to confidentiality limitations on disclosure due to federal laws, state laws, and
26
privacy rights, the Parties stipulate as follows:
27
1. In this Stipulation and Protective Order, the words set forth below shall have the
28
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 following meanings:
2 a. “Proceeding” means the above-entitled proceeding 23CV000503
3 b. “Court” means the Hon. VANESSA W. VALLARTA or any other judge to
4 which this Proceeding may be assigned, including Court staff participating in such
5 proceedings.
6 c. “Confidential” means any information which is in the possession of a Designating
7 Party who believes in good faith that such information is entitled to confidential
8 treatment under applicable law.
9 d. “Confidential Materials” means any Documents, Testimony or Information as
10 defined below designated as “Confidential” pursuant to the provisions of this
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 Stipulation and Protective Order.
ERSKINE LAW GROUP, PC
12
13 e. “Designating Party” means the Party that designates Materials as
14 “Confidential.”
15 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make
16 available Materials, or any part thereof, or any information contained therein.
17 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms
18 are defined by California Evidence Code Sections 250, 255, and 260, which
19 have been produced in discovery in this Proceeding by any person, and (ii)
20 any copies, reproductions, or summaries of all or any part of the foregoing.
21 h. “Information” means the content of Documents or Testimony.
22 i. “Testimony” means all depositions, declarations or other testimony taken or used
23 in this Proceeding.
24 2. The Designating Party shall have the right to designate as “Confidential” any
25 Documents, Testimony or Information that the Designating Party in good faith believes
26 to contain non-public information that is entitled to confidential treatment under applicable
27 law.
28 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or
Page 2 of 13
STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 abridge any right, privilege or protection otherwise available to any Party with
2 respect to the discovery of matters, including but not limited to any Party’s right to
3 assert the attorney-client privilege, the attorney work product doctrine, or other privileges,
4 or any Party’s right to contest any such assertion.
5 4. Any Documents, Testimony or Information to be designated as “Confidential” must be
6 clearly so designated before the Document, Testimony or Information is Disclosed or
7 produced. The parties may agree that the case name and number are to be part of
8 the “Confidential” designation. The “ C o n f i d e n t i a l ” designation should not obscure
9 or interfere with the legibility of the designated Information.
10 a. For Documents (apart from transcripts of depositions or other pretrial or trial
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 proceedings), the Designating Party must affix the legend “Confidential” on
ERSKINE LAW GROUP, PC
12 each page of any Document containing such designated Confidential Material.
13 b. For Testimony given in depositions the Designating Party may either:
14 i. Identify o n the record, before the close of the deposition, all
15 “Confidential” Testimony, by specifying all portions of the Testimony that
16 qualify as “Confidential;” or
17 ii. Designate the entirety of the Testimony at the deposition as
18 “Confidential” (before the deposition is concluded) with the right to
19 identify more specific portions of the Testimony as to which protection
20 is sought within 30 days following receipt of the deposition transcript. In
21 circumstances where portions of the deposition Testimony are designated
22 for protection, the transcript pages containing “Confidential” Information
23 may be separately bound by the court reporter, who must affix to the top
24 of each page the legend “Confidential,” as instructed by the
25 Designating Party.
26 c. For Information produced in some form other than Documents, and for any other
27 tangible items, including, without limitation, compact discs or DVDs, the
28 Designating Party must affix in a prominent place on the exterior of the
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 container or containers in which the Information or item is stored the legend
2 “Confidential.” If only portions of the Information or item warrant protection, the
3 Designating Party, to the extent practicable, shall identify the “Confidential”
4 portions.
5 5. The inadvertent production by any of the undersigned Parties or non-Parties to the
6 Proceedings of any Document, Testimony or Information during discovery in this
7 Proceeding without a “Confidential” designation, shall be without prejudice to any
8 claim that such item is “Confidential” and such Party shall not be held to have waived
9 any rights by such inadvertent production. In the event that any Document, Testimony
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10 or Information that is subject to a “Confidential” designation is inadvertently
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 produced without such designation, the Party that inadvertently produced the document
ERSKINE LAW GROUP, PC
12 shall give written notice of such inadvertent production within twenty (20) days of
13 discovery of the inadvertent production, together with a further copy of the subject
14 Document, Testimony or Information designated as “Confidential” (the “Inadvertent
15 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that
16 received the inadvertently produced Document, Testimony or Information shall
17 promptly destroy the inadvertently produced Document, Testimony or Information
18 and all copies thereof, or, at the expense of the producing Party, return such together
19 with all copies of such Document, Testimony or Information to counsel for the producing
20 Party and shall retain only the “Confidential” designated Materials. Should the receiving
21 Party choose to destroy such inadvertently produced Document, Testimony or
22 Information, the receiving Party shall notify the producing Party in writing of such
23 destruction within ten (10) days of receipt of written notice of the inadvertent
24 production. This provision is not intended to apply to any inadvertent production of
25 any Information protected by attorney-client or work product privileges. In the event
26 that this provision conflicts with any applicable law regarding waiver of confidentiality
27 through the inadvertent production of Documents, Testimony or Information, such law
28 shall govern.
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 6. In the event that counsel for a Party receiving Documents, Testimony or Information in
2 discovery designated as “Confidential” objects to such designation with respect to any
3 or all of such items, said counsel shall advise counsel for the Designating Party, in
4 writing, of such objections, the specific Documents, Testimony or Information to which
5 each objection pertains, and the specific reasons and support for such objections (the
6 “Designation Objections”). Counsel for the Designating Party shall have thirty (30) days
7 from receipt of the written Designation Objections to either (a) agree in writing to de-
8 designate Documents, Testimony or Information pursuant to any or all of the Designation
9 Objections and/or (b) file a motion with the Court seeking to uphold any or all designations
10 on Documents, Testimony or Information addressed by the Designation Objections (the
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 “Designation Motion”). Pending a resolution of the Designation Motion by the Court,
ERSKINE LAW GROUP, PC
12 any and all existing designations on the Documents, Testimony or Information at issue in
13 such Motion shall remain in place. The Designating Party shall have the burden on any
14 Designation Motion of establishing the applicability of its “Confidential” designation.
15 In the event that the Designation Objections are neither timely agreed to nor timely
16 addressed in the Designation Motion, then such Documents, Testimony or Information
17 shall be de-designated in accordance with the Designation Objection applicable to such
18 material.
19 7. Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall
20 be permitted only to the following persons:
21 a. The Court.
22 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys,
23 paralegals, clerical and secretarial staff employed by such attorneys who are
24 actively involved in the Proceedings and are not employees of any Party. (2) In-
25 house counsel to the undersigned Parties and the paralegal, clerical and secretarial
26 staff employed by such counsel. Provided, however, that each non-lawyer given
27 access to Confidential Materials shall be advised that such Materials are being
28 Disclosed pursuant to, and are subject to, the terms of this Stipulation and
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 Protective Order and that they may not be Disclosed other than pursuant to its terms;
2 c. Those officers, directors, partners, members, employees and agents of all non-
3 designating Parties that counsel for such Parties deems necessary to aid counsel
4 in the prosecution and defense of this Proceeding; provided, however, that prior
5 to the Disclosure of Confidential Materials to any such officer, director, partner,
6 member, employee or agent, counsel for the Party making the Disclosure shall
7 deliver a copy of this Stipulation and Protective Order to such person, shall
8 explain that such person is bound to follow the terms of such Order, and shall
9 secure the signature of such person on a statement in the form attached hereto as
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10 Exhibit A;
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 d. Court reporters in this Proceeding (whether at depositions, hearings, or any other
ERSKINE LAW GROUP, PC
12 proceeding);
13 e. Any deposition, trial or hearing witness in the Proceeding who previously has had
14 access to the Confidential Materials, or who is currently or was previously an
15 officer, director, partner, member, employee or agent of an entity that has had
16 access to the Confidential Materials;
17 f. Any deposition or non-trial hearing witness in the Proceeding who previously did
18 not have access to the Confidential Materials; provided, however, that each such
19 witness given access to Confidential Materials shall be advised that such Materials
20 are being Disclosed pursuant to, and are subject to, the terms of this Stipulation
21 and Protective Order and that they may not be Disclosed other than pursuant to
22 its terms;
23 g. Mock jury participants, provided, however, that prior to the Disclosure of
24 Confidential Materials to any such mock jury participant, counsel for the
25 Party making the Disclosure shall deliver a copy of this Stipulation and Protective
26 Order to such person, shall explain that such person is bound to follow the terms
27 of such Order, and shall secure the signature of such person on a statement in the
28 form attached hereto as Exhibit A.
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
h. Outside experts or expert consultants consulted by the undersigned Parties or their
1
counsel in connection with the Proceeding, whether or not retained to testify
2
at any oral hearing; provided, however, that prior to the Disclosure of Confidential
3
Materials to any such expert or expert consultant, counsel for the Party making
4
the Disclosure shall deliver a copy of this Stipulation and Protective Order to
5
such person, shall explain its terms to such person, and shall secure the signature
6
of such person on a statement in the form attached hereto as Exhibit A. It shall be
7
the obligation of counsel, upon learning of any breach or threatened breach of
8
this Stipulation and Protective Order by any such expert or expert consultant, to
9
promptly notify counsel for the Designating Party of such breach or threatened
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
breach; and
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ERSKINE LAW GROUP, PC
i. Any other person that the Designating Party agrees to in writing.
12
13 8. Confidential Materials shall be used by the persons receiving them only for the
14 purposes of preparing for, conducting, participating in the conduct of, and/or
15 prosecuting and/or defending the Proceeding, and not for any business or other purpose
16 whatsoever.
17 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation (and
18 Protective Order) may ask the Court, after appropriate notice to the other Parties
19 to the Proceeding, to modify or grant relief from any provision of this Stipulation and
20 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 a s 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, commercial,
26 financial or personal information; or
27 b. Prejudice in any way the right of any Party (or any other person subject to the terms
28 of this Stipulation and Protective Order):
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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 to
5 the Proceeding from any provision(s) of this Stipulation and Protective
6 Order, either generally or as to any particular Document, Material or
7 Information.
8 11. Any Party to the Proceeding who has not executed this Stipulation and Protective Order
9 as of the time it is presented to the Court for signature may thereafter become a Party to
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 and filing the same with the Court, and serving copies of such signed and dated copy upon
ERSKINE LAW GROUP, PC
12 the other Parties to this 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-
15 Party as “Confidential” under the terms of this Stipulation and Protective Order, and any
16 such designation by a non-Party shall have the same force and effect, and create the same
17 duties and obligations, as if made by one of the undersigned Parties hereto. Any such
18 designation shall also function as a consent by such producing Party to the authority
19 of the Court in the Proceeding to resolve and conclusively determine any motion or
20 other application made by any person or Party with respect to such designation, or any
21 other matter otherwise arising under this Stipulation and Protective Order.
22 13. If any person subject to this Stipulation and Protective Order who has custody of any
23 Confidential Materials receives a subpoena or other process (“Subpoena”) from any
24 government or other person or entity demanding production of Confidential Materials,
25 the recipient of the Subpoena shall promptly give notice of the same by electronic mail
26 transmission, followed by either express mail or overnight delivery to counsel of record
27 for the Designating Party, and shall furnish such counsel with a copy of the Subpoena.
28 Upon receipt of this notice, the Designating Party may, in its sole discretion and at its
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 own cost, move to quash or limit the Subpoena, otherwise oppose production of the
2 Confidential Materials, and/or seek to obtain confidential treatment of such
3 Confidential Materials from the subpoenaing person or entity to the fullest extent
4 available under law. The recipient of the Subpoena may not produce any Documents,
5 Testimony or Information pursuant to the Subpoena prior to the date specified for
6 production on the Subpoena.
7 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either Party
8 from asserting in good faith that certain Confidential Materials require additional
9 protection. The Parties shall meet and confer to agree upon the terms of such additional
10 protection.
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 15. If, after execution of this Stipulation and Protective Order, any Confidential
ERSKINE LAW GROUP, PC
12 Materials submitted by a Designating Party under the terms of this Stipulation and
13 Protective Order is Disclosed by a non-Designating Party to any person other than in the
14 manner authorized by this Stipulation and Protective Order, the non-Designating Party
15 responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure of
16 such Confidential Materials to the immediate attention of the Designating Party.
17 16. This Stipulation and Protective Order is entered into without prejudice to the right of any
18 Party to knowingly waive the applicability of this Stipulation and Protective Order
19 to any Confidential Materials designated by that Party. If the Designating Party
20 uses Confidential Materials in a non-Confidential manner, then the Designating Party
21 shall advise that the designation no longer applies.
22 17. Where a n y C o n f i d e n t i a l M a t e r i a l s , o r I n f o r m a t i o n d e r i v e d f r o m
23 Confidential Materials, is included in any motion or other proceeding governed by
24 California Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules.
25 With respect to discovery motions or other proceedings not governed by California Rules
26 of Court, Rules 2.550 and 2.551, the following shall apply: If Confidential Materials or
27 Information derived from Confidential Materials are submitted to or otherwise
28 disclosed to the Court in connection with discovery motions and proceedings, the
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 same shall be separately filed under seal with the clerk of the Court in an envelope marked:
2 “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER
3 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
4 18. The Parties shall meet and confer regarding the procedures for use of Confidential
5 Materials at trial and shall move the Court for entry of an appropriate order.
6 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
7 evidence of Confidential Materials, or abridge the rights of any person to seek judicial
8 review or to pursue other appropriate judicial action with respect to any ruling made by
9 the Court concerning the issue of the status of Protected Material.
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10 20. This Stipulation and Protective Order shall continue to be binding after the
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 conclusion of this Proceeding and all subsequent proceedings arising from this
ERSKINE LAW GROUP, PC
12 Proceeding, except that a Party may seek the written permission of the Designating Party
13 or may move the Court for relief from the provisions of this Stipulation and Protective
14 Order. To the extent permitted by law, the Court shall retain jurisdiction to enforce,
15 modify, or reconsider this Stipulation and Protective Order, even after the Proceeding is
16 terminated.
17 21. Upon written request made within thirty (30) days after the settlement or other
18 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to
19 either (a) promptly return to counsel for each Designating Party all Confidential
20 Materials and all copies thereof (except that counsel for each Party may maintain in its
21 files, in continuing compliance with the terms of this Stipulation and Protective Order, all
22 work product, and one copy of each pleading filed with the Court [and one copy of
23 each deposition together with the exhibits marked at the deposition)]*, (b) agree with
24 counsel for the Designating Party upon appropriate methods and certification of
25 destruction or other disposition of such Confidential Materials, or (c) as to any
26 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and
27 (b), file a motion seeking a Court order regarding proper preservation of such
28 Materials. To the extent permitted by law the Court shall retain continuing jurisdiction
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 to review and rule upon the motion referred to in sub-paragraph (c) herein. *[The
2 bracketed portion of this provision shall be subject to agreement between counsel for the
3 Parties in each case.]
4 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, it
5 shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth
6 herein with regard to any Confidential Materials that have been produced before the
7 Court signs this Stipulation and Protective Order.
8 23. The Parties and all signatories to the Certification attached hereto as Exhibit A agree to
9 be bound by this Stipulation and Protective Order pending its approval and entry by the
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
10 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the
1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867
11 event that the Court enters a different Protective Order, the Parties agree to be bound by
ERSKINE LAW GROUP, PC
12 this Stipulation and Protective Order until such time as the Court may enter such a
13 different Order. It is the Parties’ intent to be bound by the terms of this Stipulation and
14 Protective Order pending its entry so as to allow for immediate production of
15 Confidential Materials under the terms herein.
16 This Stipulation and Protective Order may be executed in counterparts.
17
DATED: March 11, 2024 ERSKINE LAW GROUP
18
19
20 By: ____________________
Alexandria O. Pappas, Esq.
21 Counsel for Defendant,
General Motors LLC
22
THE KNIGHT LAW GROUP, LLP
23 DATED: _________________
March 12, 2024
24
s/ Phil Thomas
By: ____________________
25
Phil Thomas, Esq.
26 Counsel for Plaintiff,
Shawn Avery
27
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 ORDER
2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective
3 Order.
4
5 IT IS SO ORDERED.
6
7
8 Dated: _____________________ ______________________________
9 Honorable Vanessa W. Vallarta
(949) 777-6032 (OFFICE) – (714) 844-9035 (FAX)
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Preview
1 Mary Arens McBride, Esq. (SBN: 282459) Alexandria O. Pappas, Esq. (SBN: 326149) 2 Erskine Law Group, APC 1592N. Batavia Street, Suite 1A 3 Orange, CA 92867 Tel: (949) 777-6032 4 Fax: (714) 844-9035 marensmcbride@erskinelaw.com 5 apappas@erskinelaw.com 6 Attorneys for DEFENDANT, GENERAL 7 MOTORS LLC 8 Phil Thomas (SBN #248517) KNIGHT LAW GROUP, LLP 9 10250 Constellation Blvd., Suite 2500 Los Angeles, CA 90067 10 emailservice@knightlaw.com (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 Attorney for PLAINTIFF(S), SHAWN AVERY ERSKINE LAW GROUP, PC 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF MONTEREY 15 SHAWN AVERY Case No: 23CV000503 16 STIPULATION AND 17 Plaintiff(s), PROTECTIVE ORDER – 18 vs. CONFIDENTIAL DESIGNATION ONLY GENERAL MOTORS, LLC, A Delaware 19 Limited Liability Company, and DOES 1 Hon. VANESSA W. VALLARTA 20 through 10, inclusive, Dept. 13 21 Defendants. 22 IT IS HEREBY STIPULATED by and between the Parties to SHAWN AVERY 23 v. GENERAL MOTORS LLC, by and through their respective counsel of record, that in 24 order to facilitate the exchange of information and documents which may be 25 subject to confidentiality limitations on disclosure due to federal laws, state laws, and 26 privacy rights, the Parties stipulate as follows: 27 1. In this Stipulation and Protective Order, the words set forth below shall have the 28 Page 1 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 following meanings: 2 a. “Proceeding” means the above-entitled proceeding 23CV000503 3 b. “Court” means the Hon. VANESSA W. VALLARTA or any other judge to 4 which this Proceeding may be assigned, including Court staff participating in such 5 proceedings. 6 c. “Confidential” means any information which is in the possession of a Designating 7 Party who believes in good faith that such information is entitled to confidential 8 treatment under applicable law. 9 d. “Confidential Materials” means any Documents, Testimony or Information as 10 defined below designated as “Confidential” pursuant to the provisions of this (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 Stipulation and Protective Order. ERSKINE LAW GROUP, PC 12 13 e. “Designating Party” means the Party that designates Materials as 14 “Confidential.” 15 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make 16 available Materials, or any part thereof, or any information contained therein. 17 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms 18 are defined by California Evidence Code Sections 250, 255, and 260, which 19 have been produced in discovery in this Proceeding by any person, and (ii) 20 any copies, reproductions, or summaries of all or any part of the foregoing. 21 h. “Information” means the content of Documents or Testimony. 22 i. “Testimony” means all depositions, declarations or other testimony taken or used 23 in this Proceeding. 24 2. The Designating Party shall have the right to designate as “Confidential” any 25 Documents, Testimony or Information that the Designating Party in good faith believes 26 to contain non-public information that is entitled to confidential treatment under applicable 27 law. 28 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or Page 2 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 abridge any right, privilege or protection otherwise available to any Party with 2 respect to the discovery of matters, including but not limited to any Party’s right to 3 assert the attorney-client privilege, the attorney work product doctrine, or other privileges, 4 or any Party’s right to contest any such assertion. 5 4. Any Documents, Testimony or Information to be designated as “Confidential” must be 6 clearly so designated before the Document, Testimony or Information is Disclosed or 7 produced. The parties may agree that the case name and number are to be part of 8 the “Confidential” designation. The “ C o n f i d e n t i a l ” designation should not obscure 9 or interfere with the legibility of the designated Information. 10 a. For Documents (apart from transcripts of depositions or other pretrial or trial (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 proceedings), the Designating Party must affix the legend “Confidential” on ERSKINE LAW GROUP, PC 12 each page of any Document containing such designated Confidential Material. 13 b. For Testimony given in depositions the Designating Party may either: 14 i. Identify o n the record, before the close of the deposition, all 15 “Confidential” Testimony, by specifying all portions of the Testimony that 16 qualify as “Confidential;” or 17 ii. Designate the entirety of the Testimony at the deposition as 18 “Confidential” (before the deposition is concluded) with the right to 19 identify more specific portions of the Testimony as to which protection 20 is sought within 30 days following receipt of the deposition transcript. In 21 circumstances where portions of the deposition Testimony are designated 22 for protection, the transcript pages containing “Confidential” Information 23 may be separately bound by the court reporter, who must affix to the top 24 of each page the legend “Confidential,” as instructed by the 25 Designating Party. 26 c. For Information produced in some form other than Documents, and for any other 27 tangible items, including, without limitation, compact discs or DVDs, the 28 Designating Party must affix in a prominent place on the exterior of the Page 3 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 container or containers in which the Information or item is stored the legend 2 “Confidential.” If only portions of the Information or item warrant protection, the 3 Designating Party, to the extent practicable, shall identify the “Confidential” 4 portions. 5 5. The inadvertent production by any of the undersigned Parties or non-Parties to the 6 Proceedings of any Document, Testimony or Information during discovery in this 7 Proceeding without a “Confidential” designation, shall be without prejudice to any 8 claim that such item is “Confidential” and such Party shall not be held to have waived 9 any rights by such inadvertent production. In the event that any Document, Testimony (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 or Information that is subject to a “Confidential” designation is inadvertently 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 produced without such designation, the Party that inadvertently produced the document ERSKINE LAW GROUP, PC 12 shall give written notice of such inadvertent production within twenty (20) days of 13 discovery of the inadvertent production, together with a further copy of the subject 14 Document, Testimony or Information designated as “Confidential” (the “Inadvertent 15 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that 16 received the inadvertently produced Document, Testimony or Information shall 17 promptly destroy the inadvertently produced Document, Testimony or Information 18 and all copies thereof, or, at the expense of the producing Party, return such together 19 with all copies of such Document, Testimony or Information to counsel for the producing 20 Party and shall retain only the “Confidential” designated Materials. Should the receiving 21 Party choose to destroy such inadvertently produced Document, Testimony or 22 Information, the receiving Party shall notify the producing Party in writing of such 23 destruction within ten (10) days of receipt of written notice of the inadvertent 24 production. This provision is not intended to apply to any inadvertent production of 25 any Information protected by attorney-client or work product privileges. In the event 26 that this provision conflicts with any applicable law regarding waiver of confidentiality 27 through the inadvertent production of Documents, Testimony or Information, such law 28 shall govern. Page 4 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 6. In the event that counsel for a Party receiving Documents, Testimony or Information in 2 discovery designated as “Confidential” objects to such designation with respect to any 3 or all of such items, said counsel shall advise counsel for the Designating Party, in 4 writing, of such objections, the specific Documents, Testimony or Information to which 5 each objection pertains, and the specific reasons and support for such objections (the 6 “Designation Objections”). Counsel for the Designating Party shall have thirty (30) days 7 from receipt of the written Designation Objections to either (a) agree in writing to de- 8 designate Documents, Testimony or Information pursuant to any or all of the Designation 9 Objections and/or (b) file a motion with the Court seeking to uphold any or all designations 10 on Documents, Testimony or Information addressed by the Designation Objections (the (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 “Designation Motion”). Pending a resolution of the Designation Motion by the Court, ERSKINE LAW GROUP, PC 12 any and all existing designations on the Documents, Testimony or Information at issue in 13 such Motion shall remain in place. The Designating Party shall have the burden on any 14 Designation Motion of establishing the applicability of its “Confidential” designation. 15 In the event that the Designation Objections are neither timely agreed to nor timely 16 addressed in the Designation Motion, then such Documents, Testimony or Information 17 shall be de-designated in accordance with the Designation Objection applicable to such 18 material. 19 7. Access to and/or Disclosure of Confidential Materials designated as “Confidential” shall 20 be permitted only to the following persons: 21 a. The Court. 22 b. (1) Attorneys of record in the Proceedings and their affiliated attorneys, 23 paralegals, clerical and secretarial staff employed by such attorneys who are 24 actively involved in the Proceedings and are not employees of any Party. (2) In- 25 house counsel to the undersigned Parties and the paralegal, clerical and secretarial 26 staff employed by such counsel. Provided, however, that each non-lawyer given 27 access to Confidential Materials shall be advised that such Materials are being 28 Disclosed pursuant to, and are subject to, the terms of this Stipulation and Page 5 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 Protective Order and that they may not be Disclosed other than pursuant to its terms; 2 c. Those officers, directors, partners, members, employees and agents of all non- 3 designating Parties that counsel for such Parties deems necessary to aid counsel 4 in the prosecution and defense of this Proceeding; provided, however, that prior 5 to the Disclosure of Confidential Materials to any such officer, director, partner, 6 member, employee or agent, counsel for the Party making the Disclosure shall 7 deliver a copy of this Stipulation and Protective Order to such person, shall 8 explain that such person is bound to follow the terms of such Order, and shall 9 secure the signature of such person on a statement in the form attached hereto as (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 Exhibit A; 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 d. Court reporters in this Proceeding (whether at depositions, hearings, or any other ERSKINE LAW GROUP, PC 12 proceeding); 13 e. Any deposition, trial or hearing witness in the Proceeding who previously has had 14 access to the Confidential Materials, or who is currently or was previously an 15 officer, director, partner, member, employee or agent of an entity that has had 16 access to the Confidential Materials; 17 f. Any deposition or non-trial hearing witness in the Proceeding who previously did 18 not have access to the Confidential Materials; provided, however, that each such 19 witness given access to Confidential Materials shall be advised that such Materials 20 are being Disclosed pursuant to, and are subject to, the terms of this Stipulation 21 and Protective Order and that they may not be Disclosed other than pursuant to 22 its terms; 23 g. Mock jury participants, provided, however, that prior to the Disclosure of 24 Confidential Materials to any such mock jury participant, counsel for the 25 Party making the Disclosure shall deliver a copy of this Stipulation and Protective 26 Order to such person, shall explain that such person is bound to follow the terms 27 of such Order, and shall secure the signature of such person on a statement in the 28 form attached hereto as Exhibit A. Page 6 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY h. Outside experts or expert consultants consulted by the undersigned Parties or their 1 counsel in connection with the Proceeding, whether or not retained to testify 2 at any oral hearing; provided, however, that prior to the Disclosure of Confidential 3 Materials to any such expert or expert consultant, counsel for the Party making 4 the Disclosure shall deliver a copy of this Stipulation and Protective Order to 5 such person, shall explain its terms to such person, and shall secure the signature 6 of such person on a statement in the form attached hereto as Exhibit A. It shall be 7 the obligation of counsel, upon learning of any breach or threatened breach of 8 this Stipulation and Protective Order by any such expert or expert consultant, to 9 promptly notify counsel for the Designating Party of such breach or threatened (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 breach; and 11 ERSKINE LAW GROUP, PC i. Any other person that the Designating Party agrees to in writing. 12 13 8. Confidential Materials shall be used by the persons receiving them only for the 14 purposes of preparing for, conducting, participating in the conduct of, and/or 15 prosecuting and/or defending the Proceeding, and not for any business or other purpose 16 whatsoever. 17 9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation (and 18 Protective Order) may ask the Court, after appropriate notice to the other Parties 19 to the Proceeding, to modify or grant relief from any provision of this Stipulation and 20 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 a s 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, commercial, 26 financial or personal information; or 27 b. Prejudice in any way the right of any Party (or any other person subject to the terms 28 of this Stipulation and Protective Order): Page 7 of 13 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 to 5 the Proceeding from any provision(s) of this Stipulation and Protective 6 Order, either generally or as to any particular Document, Material or 7 Information. 8 11. Any Party to the Proceeding who has not executed this Stipulation and Protective Order 9 as of the time it is presented to the Court for signature may thereafter become a Party to (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 and filing the same with the Court, and serving copies of such signed and dated copy upon ERSKINE LAW GROUP, PC 12 the other Parties to this 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- 15 Party as “Confidential” under the terms of this Stipulation and Protective Order, and any 16 such designation by a non-Party shall have the same force and effect, and create the same 17 duties and obligations, as if made by one of the undersigned Parties hereto. Any such 18 designation shall also function as a consent by such producing Party to the authority 19 of the Court in the Proceeding to resolve and conclusively determine any motion or 20 other application made by any person or Party with respect to such designation, or any 21 other matter otherwise arising under this Stipulation and Protective Order. 22 13. If any person subject to this Stipulation and Protective Order who has custody of any 23 Confidential Materials receives a subpoena or other process (“Subpoena”) from any 24 government or other person or entity demanding production of Confidential Materials, 25 the recipient of the Subpoena shall promptly give notice of the same by electronic mail 26 transmission, followed by either express mail or overnight delivery to counsel of record 27 for the Designating Party, and shall furnish such counsel with a copy of the Subpoena. 28 Upon receipt of this notice, the Designating Party may, in its sole discretion and at its Page 8 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 own cost, move to quash or limit the Subpoena, otherwise oppose production of the 2 Confidential Materials, and/or seek to obtain confidential treatment of such 3 Confidential Materials from the subpoenaing person or entity to the fullest extent 4 available under law. The recipient of the Subpoena may not produce any Documents, 5 Testimony or Information pursuant to the Subpoena prior to the date specified for 6 production on the Subpoena. 7 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either Party 8 from asserting in good faith that certain Confidential Materials require additional 9 protection. The Parties shall meet and confer to agree upon the terms of such additional 10 protection. (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 15. If, after execution of this Stipulation and Protective Order, any Confidential ERSKINE LAW GROUP, PC 12 Materials submitted by a Designating Party under the terms of this Stipulation and 13 Protective Order is Disclosed by a non-Designating Party to any person other than in the 14 manner authorized by this Stipulation and Protective Order, the non-Designating Party 15 responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure of 16 such Confidential Materials to the immediate attention of the Designating Party. 17 16. This Stipulation and Protective Order is entered into without prejudice to the right of any 18 Party to knowingly waive the applicability of this Stipulation and Protective Order 19 to any Confidential Materials designated by that Party. If the Designating Party 20 uses Confidential Materials in a non-Confidential manner, then the Designating Party 21 shall advise that the designation no longer applies. 22 17. Where a n y C o n f i d e n t i a l M a t e r i a l s , o r I n f o r m a t i o n d e r i v e d f r o m 23 Confidential Materials, is included in any motion or other proceeding governed by 24 California Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. 25 With respect to discovery motions or other proceedings not governed by California Rules 26 of Court, Rules 2.550 and 2.551, the following shall apply: If Confidential Materials or 27 Information derived from Confidential Materials are submitted to or otherwise 28 disclosed to the Court in connection with discovery motions and proceedings, the Page 9 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 same shall be separately filed under seal with the clerk of the Court in an envelope marked: 2 “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER 3 AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 4 18. The Parties shall meet and confer regarding the procedures for use of Confidential 5 Materials at trial and shall move the Court for entry of an appropriate order. 6 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into 7 evidence of Confidential Materials, or abridge the rights of any person to seek judicial 8 review or to pursue other appropriate judicial action with respect to any ruling made by 9 the Court concerning the issue of the status of Protected Material. (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 20. This Stipulation and Protective Order shall continue to be binding after the 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 conclusion of this Proceeding and all subsequent proceedings arising from this ERSKINE LAW GROUP, PC 12 Proceeding, except that a Party may seek the written permission of the Designating Party 13 or may move the Court for relief from the provisions of this Stipulation and Protective 14 Order. To the extent permitted by law, the Court shall retain jurisdiction to enforce, 15 modify, or reconsider this Stipulation and Protective Order, even after the Proceeding is 16 terminated. 17 21. Upon written request made within thirty (30) days after the settlement or other 18 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to 19 either (a) promptly return to counsel for each Designating Party all Confidential 20 Materials and all copies thereof (except that counsel for each Party may maintain in its 21 files, in continuing compliance with the terms of this Stipulation and Protective Order, all 22 work product, and one copy of each pleading filed with the Court [and one copy of 23 each deposition together with the exhibits marked at the deposition)]*, (b) agree with 24 counsel for the Designating Party upon appropriate methods and certification of 25 destruction or other disposition of such Confidential Materials, or (c) as to any 26 Documents, Testimony or other Information not addressed by sub-paragraphs (a) and 27 (b), file a motion seeking a Court order regarding proper preservation of such 28 Materials. To the extent permitted by law the Court shall retain continuing jurisdiction Page 10 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 to review and rule upon the motion referred to in sub-paragraph (c) herein. *[The 2 bracketed portion of this provision shall be subject to agreement between counsel for the 3 Parties in each case.] 4 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, it 5 shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth 6 herein with regard to any Confidential Materials that have been produced before the 7 Court signs this Stipulation and Protective Order. 8 23. The Parties and all signatories to the Certification attached hereto as Exhibit A agree to 9 be bound by this Stipulation and Protective Order pending its approval and entry by the (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 event that the Court enters a different Protective Order, the Parties agree to be bound by ERSKINE LAW GROUP, PC 12 this Stipulation and Protective Order until such time as the Court may enter such a 13 different Order. It is the Parties’ intent to be bound by the terms of this Stipulation and 14 Protective Order pending its entry so as to allow for immediate production of 15 Confidential Materials under the terms herein. 16 This Stipulation and Protective Order may be executed in counterparts. 17 DATED: March 11, 2024 ERSKINE LAW GROUP 18 19 20 By: ____________________ Alexandria O. Pappas, Esq. 21 Counsel for Defendant, General Motors LLC 22 THE KNIGHT LAW GROUP, LLP 23 DATED: _________________ March 12, 2024 24 s/ Phil Thomas By: ____________________ 25 Phil Thomas, Esq. 26 Counsel for Plaintiff, Shawn Avery 27 28 Page 11 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 3 Order. 4 5 IT IS SO ORDERED. 6 7 8 Dated: _____________________ ______________________________ 9 Honorable Vanessa W. Vallarta (949) 777-6032 (OFFICE) – (714) 844-9035 (FAX) 10 1592 N. BATAVIA ST., STE. 1A, ORANGE, CA 92867 11 ERSKINE LAW GROUP, PC 12 13 14 15 16 17 18 19 20 21