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1 PANISH | SHEA | BOYLE | RAVIPUDI LLP
BRIAN J. PANISH, State Bar No. 116060
2 bpanish@psbr.law
RAHUL RAVIPUDI, State Bar No. 204519
3 rravipudi@psbr.law
JESSE CREED, State Bar No. 272595
4 jcreed@psbr.law
5 11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
6 Telephone: 310.477.1700
Facsimile: 310.477.1699
7
MORGAN & MORGAN
8 EMILY C. JEFFCOTT (admitted pro hac vice)
ejeffcott@forthepeople.com
9 633 West Fifth Street, Suite 2652,
Los Angeles, CA 90071
10 Tel: (213) 787-8590
11 Fax: (213) 418-3983
12 BEASLEY ALLEN
JOSEPH VANZANDT (admitted pro hac vice)
13 joseph.vanzandt@beasleyallen.com
234 Commerce Street
14 Montgomery, AL 36103
Tel: (334)269-2343
15
Co-Lead and Co-Liaison Counsel for Plaintiffs
Electronically Received 04/02/2024 01:00 PM
16 [Additional Counsel in Signature Pages]
17
18 SUPERIOR COURT OF THE STATE OF CALIFORNIA
19 COUNTY OF LOS ANGELES, SPRING STREET COURTHOUSE
20
COORDINATION PROCEEDING JUDICIAL COUNCIL COORDINATION
21
SPECIAL TITLE [RULE 3.400] PROCEEDING NO. 5255
22
SOCIAL MEDIA CASES Lead Case No. for Filing Purposes:
23 _____________________________________ 22STCV21355
THIS DOCUMENT RELATES TO:
24 Assigned for All Purposes to the
25 ALL CASES Hon. Carolyn B. Kuhl, Department SSC-12
26 (Christina Arlington Smith, et al., v. TikTok STIPULATED [PROPOSED]
Inc., et al., Case No. 22STCV21355) PROTECTIVE ORDER
27
28
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STIPULATED [PROPOSED] PROTECTIVE ORDER
1 Plaintiffs and Defendants hereby submit the Stipulated [Proposed] Protective Order for entry
2 by the Court. The undersigned parties hereby stipulate as follows:
3 1. PURPOSES AND LIMITATIONS
4 Disclosure and discovery activity in this Action are likely to involve production of
5 confidential, proprietary, trade secret, commercially sensitive, personal health and/or educational,
6 and/or other private information for which special protection from public disclosure and from use
7 for any purpose other than prosecuting this Action is warranted. Accordingly, the Parties hereby
8 stipulate to and petition the Court to enter the following Protective Order. The Parties acknowledge
9 that this Protective Order does not confer blanket protections on all disclosures or responses to
10 discovery and that the protection it affords from public disclosure and use extends only to the limited
11 information or items that are entitled to confidential treatment under the applicable legal principles.
12 Liaison Counsel for Plaintiffs and Defendants are responsible for ensuring that all Parties added to
13 this Action after this Protective Order is entered are informed of their obligations hereunder. Unless
14 otherwise stated, all periods of time provided for in this Protective Order are calculated as calendar
15 days.
16 2. DEFINITIONS
17 2.1 Action: Action shall refer to the actions currently included in JCCP No. 5255, any
18 other action hereafter added or transferred to JCCP No. 5255, and all actions later remanded to their
19 respective transferor courts from JCCP No. 5255.
20 2.2 Challenging Party: a Party or Non-Party that challenges the designation or non-
21 designation of Disclosure or Discovery Material under this Protective Order.
22 2.3 Competitive Decision-Making: the action or process of making a business decision
23 or resolving a non-legal question relating to a competitor, potential competitor, customer, or
24 distribution partner regarding contracts, marketing, pricing, service development or design, product
25 or service offering, research and development, mergers and acquisitions, or licensing, acquisition,
26 funding or enforcement of intellectual property. It does not include legal advice provided in
27 connection with litigation, potential litigation, or regulatory matters, nor does it include work
28 performed as part of a trial team or to keep management advised on the progress or status of
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STIPULATED [PROPOSED] PROTECTIVE ORDER
1 litigation, potential litigation, or regulatory matters.
2 2.4 “CONFIDENTIAL” Protected Material: Disclosure or Discovery Material that
3 would qualify for protection under Federal Rule of Civil Procedure 26(c).
4 2.5 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their
5 support staff).
6 2.6 Designated House Counsel: House Counsel who have responsibility for managing
7 this action and who seek access to “HIGHLY CONFIDENTIAL (COMPETITOR)” information in
8 this matter.
9 2.7 Designating Party: a Party or Non-Party that designates Disclosure or Discovery
10 Material that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or
11 “HIGHLY CONFIDENTIAL (COMPETITOR).”
12 2.8 Disclosure or Discovery Material: all items or information, regardless of the
13 medium or manner in which it is generated, stored, or maintained (including, among other things,
14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
15 responses to discovery in this matter.
16 2.9 Expert: a person with specialized knowledge or experience in a matter pertinent to
17 this Action who (1) has been retained by a Party or its counsel to serve as an expert witness or as a
18 consultant in this Action, (2) is not a current employee of a Party or of a Party’s competitor, and (3)
19 at the time of retention, is not anticipated to become an employee of a Party or of a Party’s
20 competitor.
21 2.10 “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected Material: Protected
22 Material the disclosure of which to another Party or Non-Party would create a substantial risk of
23 serious harm that could not be avoided by less restrictive means.
24 2.11 House Counsel: attorneys who are employees of a Party to this Action. House
25 Counsel does not include Outside Counsel or any other outside counsel.
26 2.12 Insurance Representative: An employee or outside counsel of a liability insurer who
27 may provide coverage to a Defendant in this Action, who has a need to know “CONFIDENTIAL”
28 Protected Material in order to fulfill a duty to defend or evaluate a potential coverage obligation,
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STIPULATED [PROPOSED] PROTECTIVE ORDER
1 and whose need to know “CONFIDENTIAL” Protected Material cannot be satisfied by disclosure
2 to a previously authorized Insurance Representative. For the avoidance of doubt, an Insurance
3 Representative cannot use Protected Material for any other purpose, including but not limited to use
4 in any other litigation or arbitration proceeding.
5 2.13 Non-Party: any natural person, partnership, corporation, association, or other legal
6 entity not named as a Party to this Action.
7 2.14 Outside Counsel: attorneys, as well as their support staff to whom it is reasonably
8 necessary to disclose the information for this Action (including but not limited to attorneys,
9 paralegals, secretaries, law clerks, and investigators), who are not employees of a Party to this
10 Action but are retained and have appeared in this Action to represent or advise a Party to this Action
11 and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
12 Exhibit A.
13 2.15 Party: any party to this Action, including all of its officers, directors, employees
14 (including House Counsel), consultants, retained experts, and Outside Counsel (and their support
15 staffs).
16 2.16 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
17 Material in this Action.
18 2.17 Professional Vendors: persons or entities that provide litigation support services
19 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and processing,
20 organizing, storing, reviewing, categorizing, or retrieving data in any form or medium) and their
21 employees and subcontractors.
22 2.18 Protected Education Records (“PER”): has the meaning set forth under 20 U.S.C. §
23 1232g; 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA) and includes but
24 is not limited to individually identifiable educational information.
25 2.19 Protected Health Information (“PHI”): has the meaning set forth in 45 C.F.R.
26 §§ 160.103 and 164.501, being part of the implementing regulations of the Health Insurance
27 Portability and Accountability Act of 1996, and includes but is not limited to individually
28 identifiable health information, including demographic information, relating to either (a) the past,
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STIPULATED [PROPOSED] PROTECTIVE ORDER
1 present, or future physical or mental condition of an individual; (b) the provision of health care to
2 an individual; or (c) the past, present, or future payment for health care provided to an individual
3 which identifies the individual or with respect to which there is a reasonable basis to believe the
4 information could be used to identify the individual.
5 2.20 Protected Material: any Disclosure or Discovery Material that is or may be
6 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL (COMPETITOR).”
7 2.21 Receiving Party: a Party that receives Disclosure or Discovery Material from a
8 Producing Party.
9 2.22 Export Control Protected Material: Highly Confidential (Competitor) Protected
10 Material of a technical nature that may be subject to export control regulations.
11 3. SCOPE
12 3.1 The protections conferred by this Protective Order cover not only Protected Material,
13 but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts,
14 summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
15 presentations by Parties or their Counsel that might reveal Protected Material.
16 3.2 The protections conferred by this Protective Order, however, do not cover the
17 following information: (a) any information that is in the public domain at the time of disclosure to
18 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
19 a result of publication not involving a violation of this Protective Order or another court’s order,
20 including becoming part of the public record through trial or otherwise; and (b) any information
21 known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the
22 disclosure from a source who obtained the information lawfully and under no obligation of
23 confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by
24 separate agreement or order.
25 4. DURATION
26 4.1 Even after final disposition of this Action, the confidentiality obligations imposed by
27 this Protective Order remain in effect until a Designating Party agrees otherwise in writing or a court
28 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
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STIPULATED [PROPOSED] PROTECTIVE ORDER
1 and defenses in this Action, with or without prejudice; or (2) final judgment of the Action after the
2 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews, including the time
3 limits for filing any motions or applications for extension of time pursuant to applicable law and the
4 time limits for filing a petition for writ of certiorari to the Supreme Court of the United States if
5 applicable. The Court shall retain jurisdiction to enforce or modify this Protective Order and to make
6 further orders with respect to the use or confidentiality designations of Protected Material.
7 5. DESIGNATING PROTECTED MATERIAL
8 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
9 Non-Party that designates information or items for protection under this Protective Order must take
10 care to limit any such designation to specific material that qualifies under the appropriate standards.
11 To the extent it is practical to do so, the Designating Party must designate for protection only those
12 parts of material, documents, items, information, or oral or written communications that qualify—
13 so that other portions of the material, documents, items, information, or communications for which
14 protection is not warranted are not swept unjustifiably within the ambit of this Protective Order.
15 Absent such a designation, except as required any independent statutory or regulatory obligation,
16 the Receiving Party shall have no obligation to treat the disclosed material, documents, items, or
17 oral or written communications as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
18 (COMPETITOR)” unless and until notified pursuant to Section 5.7 of an inadvertent failure to
19 designate.
20 5.2 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
21 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
22 unnecessarily encumber or retard the case development process or to impose unnecessary expenses
23 and burdens on other parties) expose the Designating Party to sanctions.
24 5.3 If it comes to a Designating Party’s attention that Disclosure or Discovery Material
25 that it designated for protection does not qualify for the protection initially asserted, that Designating
26 Party must promptly notify all other Parties that it is withdrawing or revising the mistaken
27 designation.
28 / / /
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1 5.4 Manner and Timing of Designations. Except as otherwise provided in this Protective
2 Order (see, e.g., Section 5.5(c) below), or as otherwise stipulated or ordered, Disclosure or
3 Discovery Material that qualifies for protection under this Protective Order must be clearly so
4 designated before the material is disclosed or produced.
5 5.5 Designation in conformity with this Protective Order requires:
6 (a) For Protected Material in documentary form (e.g., paper or electronic
7 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the
8 Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
9 (COMPETITOR)” to each page that contains Protected Material. If only a portion or portions of the
10 material on a page qualifies for protection, the Producing Party also must clearly identify the
11 protected portion(s) (e.g., by making appropriate markings in the margins), to the extent it is
12 practical to do so. For Protected Material that is produced in native electronic format, the designation
13 legend must be included in the file name of the native documents and on any related imaged
14 slipsheets when produced, and any Party when printing such Protected Material must affix the
15 designated legend to each page of the printed copy.
16 (b) Notwithstanding the foregoing, a Party or Non-Party that makes original
17 documents or materials available for inspection need not designate them for protection until after
18 the inspecting Party has indicated which material it would like copied and produced. During the
19 inspection and before the designation, all of the material made available for inspection shall be
20 treated in accordance with the rules applicable to “HIGHLY CONFIDENTIAL (COMPETITOR)”
21 information. After the inspecting Party has identified the documents it wants copied and produced,
22 the Producing Party must determine which documents, or portions thereof, qualify for protection
23 under this Protective Order. Then, before producing the specified documents, the Producing Party
24 must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
25 (COMPETITOR)”) to each page that contains Protected Material. If only a portion or portions of
26 the material on a page qualifies for protection, the Producing Party also must clearly identify the
27 protected portion(s) (e.g., by making appropriate markings in the margins), to the extent it is
28 practical to do so.
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1 (c) For testimony given in deposition, that the Designating Party designate any
2 testimony or exhibits “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR)”
3 either on the record before the close of the deposition or in writing on or before the later of thirty
4 days after receipt of the final transcript or the date by which any review by the witness and
5 corrections to the transcript are to be completed under Federal Rule of Civil Procedure 30. If any
6 portion of a deposition is designated, the transcript shall be labeled with the appropriate legend in
7 an obvious manner on the title page, and the title page must be followed by a list of all pages that
8 have been designated as Protected Material and the level of protection being asserted by the
9 Designating Party. If any portion of a videotaped deposition is designated, the original and all copies
10 of any videotape, DVD, or other media container shall be labeled with the appropriate legend in an
11 obvious manner. The Party initiating the deposition shall inform the court reporter of these
12 requirements.
13 Pending designation as set forth above, the entire transcript, including exhibits, shall be
14 treated in accordance with the rules applicable to “HIGHLY CONFIDENTIAL (COMPETITOR)”
15 information. If no designation is made within the time period above, the transcript shall be
16 considered not to contain any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
17 (COMPETITOR)” information. The foregoing provision is expressly subject to the restrictions set
18 forth in Section 5.6 below.
19 (d) For Protected Material produced in some form other than documentary and
20 for any other tangible items, that the Producing Party affix in a prominent place on the exterior of
21 the container or containers in which the Protected Material is produced or stored the legend
22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR).” If only a portion or
23 portions of the information or item warrant protection, the Producing Party, to the extent practicable,
24 shall identify the protected portion(s) and specify the level of protection being asserted.
25 5.6 Any Protected Material that is used in the taking of a deposition shall remain subject
26 to the provisions of this Protective Order, along with the transcript pages and videotape of the
27 deposition testimony dealing with such Protected Material. The use of Protected Material as an
28 exhibit at a deposition or other pretrial proceeding will not in any way affect its designation as
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1 Protected Material. Counsel for any Producing Party shall have the right to exclude from oral
2 depositions, other than the deponent and deponent’s counsel, any person who is not authorized by
3 this Protective Order to receive or access Protected Material based on the designation of such
4 Protected Material. Such right of exclusion shall be applicable only during periods of examination
5 or testimony regarding such Protected Material. Parties shall give other Parties notice if they
6 reasonably expect a deposition or other pretrial proceeding to include Protected Material so that the
7 other Parties can ensure that only authorized individuals who have signed the “Acknowledgment
8 and Agreement to Be Bound” (Exhibit A) are present at those proceedings.
9 5.7 Failures to Designate. If timely corrected, an inadvertent failure to designate
10 qualified Disclosure or Discovery Material does not, standing alone, waive the Designating Party’s
11 right to secure protection under this Protective Order for such material. Upon timely correction of a
12 designation, the Receiving Party must make reasonable efforts to assure that the material is treated
13 in accordance with the provisions of this Protective Order and shall return or destroy, at the
14 Designating Party’s option, all qualified information or items that were not designated properly.
15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
17 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
19 burdens, or a significant disruption or delay of this Action, a Party does not waive its right to
20 challenge a confidentiality designation by electing not to mount a challenge promptly after the
21 original designation is disclosed.
22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
23 by providing written notice of each designation it is challenging and describing the basis for each
24 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
25 recite that the challenge to confidentiality is being made in accordance with this specific paragraph
26 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
27 begin the process by conferring directly (in voice-to-voice dialogue; other forms of communication
28 are not sufficient) within fourteen days of the date of service of notice. In conferring, the Challenging
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1 Party must explain the basis for its belief that the confidentiality designation was not proper and
2 must give the Designating Party an opportunity to review the designated material, to reconsider the
3 circumstances, and, if no change in designation is offered, to explain the basis for the chosen
4 designation. A Challenging Party may proceed to the next stage of the challenge process only if it
5 has engaged in this meet-and-confer process first or establishes that the Designating Party is
6 unwilling to participate in the meet-and-confer process in a timely manner.
7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
8 intervention, the Designating Party may file and serve a motion to retain the confidentiality
9 designation under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable)
10 within 21 days of the initial notice or within 14 days of the Parties agreeing that the meet and confer
11 process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied
12 by a competent declaration affirming that the movant has complied with the meet and confer
13 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a
14 motion including the required declaration within the specified time period shall automatically waive
15 the confidentiality designation for each challenged designation. In addition, the Challenging Party
16 may file a motion challenging a confidentiality designation at any time if there is good cause for
17 doing so, including a challenge to the designation of a deposition transcript or any portions thereof.
18 Any motion brought pursuant to this provision must be accompanied by a competent declaration
19 affirming that the movant has complied with the meet and confer requirements imposed by the
20 preceding paragraph.
21 6.4 The burden of persuasion in any such challenge proceeding shall be on the
22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or
23 impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to
24 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file
25 a motion to retain confidentiality as described above, all Parties shall continue to afford the material
26 in question the level of protection to which it is entitled under the Producing Party’s designation
27 until the Court rules on the challenge.
28 / / /
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1 7. ACCESS TO AND USE OF PROTECTED MATERIAL
2 7.1 Basic Principles. A Receiving Party may use Protected Material in connection with
3 this Action only for prosecuting, defending, or attempting to settle this Action. Protected Material
4 may be disclosed only to the categories of persons and under the conditions described in this
5 Protective Order.
6 Protected Material must be stored and maintained by a Receiving Party at a location and in
7 a secure manner that ensures that access is limited to the persons authorized under this Order. When
8 this Action has been terminated, a Receiving Party must comply with the provisions of Section 13
9 below (FINAL DISPOSITION).
10 7.2 Pre-Trial Disclosure of “CONFIDENTIAL” Protected Material. Unless otherwise
11 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may
12 disclose any information or item designated “CONFIDENTIAL” only to:
13 (a) the Receiving Party’s Outside Counsel;
14 (b) Insurance Representatives to whom disclosure is reasonably necessary for
15 this Action, consistent with the restrictions set forth in Sections 2.12, 7.7, and 8, and who have
16 executed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (c) the Receiving Party, or the officers, directors, and employees (including
18 House Counsel) of the Receiving Party (if an entity) to whom disclosure is reasonably necessary for
19 this Action;
20 (d) Experts (as defined in this Protective Order) of the Receiving Party to whom
21 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and
22 Agreement to Be Bound” (Exhibit A);
23 (e) the Court and its personnel;
24 (f) court reporters and their staff;
25 (g) professional jury or trial consultants and mock jurors or focus group members
26 who have signed a confidentiality agreement, and Professional Vendors to whom disclosure is
27 reasonably necessary for this Action and whose representative has signed the “Acknowledgment
28 and Agreement to Be Bound” (Exhibit A);
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1 (h) during their depositions, witnesses in the Action to whom disclosure is
2 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
3 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court;
4 (i) any mediator who is assigned to hear this Action, and his or her staff, who
5 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
6 (j) the author or recipient of a document containing the Protected Material; and
7 (k) any custodian or other person who otherwise possessed or knew the
8 information contained in the Protected Material.
9 7.3 Any party producing or disclosing any PHI or PER as defined herein will designate
10 it “CONFIDENTIAL” under this Protective Order.
11 7.4 Pre-Trial Disclosure of “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected
12 Material. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a
13 Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL
14 (COMPETITOR)” only to:
15 (a) the Receiving Party’s Outside Counsel;
16 (b) Up to two Designated House Counsel of a Party who (i) are not involved in
17 Competitive Decision-Making at or on behalf of the Party, and (ii) have executed the
18 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (c) Experts (as defined in this Protective Order) of the Receiving Party (1) to
20 whom disclosure is reasonably necessary for this Action, (2) who have signed the
21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures
22 set forth in Section 7.6, below, have been followed;
23 (d) the Court and its personnel;
24 (e) court reporters and their staff;
25 (f) professional jury or trial consultants and mock jurors or focus group members
26 who have signed a confidentiality agreement, and Professional Vendors to whom disclosure is
27 reasonably necessary for this Action and whose representative has signed the “Acknowledgment
28 and Agreement to Be Bound” (Exhibit A);
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1 (g) any mediator who is assigned to hear this Action, and his or her staff, who
2 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
3 (h) the author or recipient of a document containing the Protected Material;
4 (i) during their depositions, 30(b)(6) witnesses of the Designating Party to whom
5 disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to
6 Be Bound” (Exhibit A), provided that the material was produced by, originated with, or contains
7 communications with or by the Party on whose behalf the witness is testifying; and
8 (j) any custodian or other person who otherwise possessed or knew the
9 information contained in the Protected Material.
10 7.5 This Protective Order shall not be construed to restrict or limit the use, dissemination,
11 or disposition by the Designating Party of its own information that it designates as
12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR).”
13 7.6 Procedures for Approving or Objecting to Disclosure of “HIGHLY
14 CONFIDENTIAL (COMPETITOR)” Protected Material to Experts.
15 (a) “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected Material as used
16 in this Section 7.6 does not apply to source code. The Parties have represented to the Court that
17 they will submit a separate Proposed Protective Order to address source code produced in this action.
18 Unless otherwise ordered by the Court or agreed to in writing by the Designating Party, a Party that
19 seeks to disclose to an Expert (as defined in this Protective Order) any “HIGHLY CONFIDENTIAL
20 (COMPETITOR)” Protected Material, must first make a written disclosure to the Designating Party
21 that (1) sets forth the full name of the Expert and the city and state of his or her primary place of
22 business, (2) attaches a copy of the Expert’s current resume or CV, (3) identifies the Expert’s current
23 employer(s), (4) identifies each person or entity from whom the Expert has received compensation
24 or funding for work in his or her areas of expertise or to whom the Expert has provided professional
25 services, including in connection with a litigation, at any time during the preceding five years and
26 the Party to any litigation for whom such work was done, (5) identifies (by name and number of the
27 case, filing date, and location of court) any litigation in connection with which the Expert has offered
28 expert testimony, including through a declaration, report, or testimony at a deposition or trial, during
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1 the preceding five years, and (6) identifies any patents or patent applications in which the Expert is
2 identified as an inventor or applicant, is involved in prosecuting or maintaining, or has any pecuniary
3 interest.
4 With regard to the information sought through part (4) of such an Expert disclosure, if the
5 Expert believes any of this information is subject to a confidentiality obligation and/or non-
6 disclosure agreement to a Non-Party, then the Expert should provide whatever information the
7 Expert believes can be disclosed without violating any confidentiality agreements, including at a
8 minimum disclosing the existence of the confidentiality agreement and/or nondisclosure agreement,
9 and the Party seeking to disclose to the Expert must be available to meet and confer with the
10 Designating Party regarding any such engagement.
11 Plaintiffs preserve their right to object to disclosure of the information required by paragraph
12 7.6(a) for an expert that has been retained by the JCCP Plaintiffs but not the MDL Plaintiffs, and
13 agree to raise such an objection with Defendants prior to the disclosure of any “HIGHLY
14 CONFIDENTIAL (COMPETITOR)” documents to the expert.
15 Additionally, as required by Sections 5.1 and 5.2 herein, a Designating Party shall not over-
16 designate produced documents, information, or material as “HIGHLY CONFIDENTIAL
17 (COMPETITOR)” Protected Material.
18 (b) A Party that makes a disclosure and provides the information specified in the
19 preceding respective paragraphs may disclose the subject Protected Material to the identified Expert
20 unless, within fourteen calendar days of delivering the request, the Party receives a written objection
21 from the Designating Party. Any such objection must set forth in detail the grounds on which it is
22 based. Any such objection shall be reasonable and made in good faith, and shall be signed by
23 counsel under Fed. R. Civ. P. 11.
24 (c) A Party that receives a timely written objection must meet and confer with
25 the Designating Party (through direct voice-to-voice dialogue) to try to resolve the matter by
26 agreement within ten calendar days of the written objection. The Parties shall comply with all meet
27 and confer requirements in Section H of this Court’s Discovery Standing Order. If no agreement is
28 reached, the Parties shall comply with Section H of the Court’s Discovery Standing Order by
subsequent motion.
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1 presenting a joint letter brief to present such discovery dispute to the Court, or otherwise in
2 accordance with any other Orders from the Court on procedures for disputes relating to discovery
3 matters and protective orders in this matter. Each such motion must be accompanied by a competent
4 declaration affirming that the movant has complied with the meet and confer requirements imposed
5 in this paragraph and the Court’s Standing Orders.
6 In any such proceeding, the Party opposing disclosure to the Expert bears the burden of
7 proving that the risk of harm that the disclosure would entail (under the safeguards proposed)
8 outweighs the Receiving Party’s need to disclose the Protected Material to its Expert.
9 7.7 Disclosure of Protected Material to Designated House Counsel or Insurance
10 Representatives. Any Protected Material provided to Designated House Counsel or Insurance
11 Carriers pursuant to Sections 7.2(b) or 7.4(b) above, shall be provided through a secure, third-party
12 platform and access shall be limited to read-only. Each Designated House Counsel or Insurance
13 Representative shall be provided their own access credentials, which they shall not share with
14 anyone else.
15 8. CHALLENGES TO DESIGNATED HOUSE COUNSEL OR INSURANCE
16 REPRESENTATIVES
17 8.1 Unless otherwise ordered by the Court or agreed to in writing by the Designating
18 Party, before disclosing any Protected Material designated as “CONFIDENTIAL” (in the case of
19 Insurance Representatives) or “HIGHLY CONFIDENTIAL (COMPETITOR)” (in the case of a
20 Party’s Designated House Counsel), a Party must submit in writing to the Designating Party a
21 written statement that: (1) sets forth the full name of each Designated House Counsel or Insurance
22 Representative and the city and state of his or her residence, and (2) (for Insurance Representatives
23 only) states the Insurance Representative’s job title and a brief explanation regarding the
24 individual’s need to know the Confidential Information, and (3) (for Designated House Counsel
25 only) describes each Designated House Counsel’s primary job duties and responsibilities in
26 sufficient detail to determine if each Designated House Counsel is involved in Competitive
27 Decision-Making. If at any time, a Party decides to replace a Designated House Counsel or
28 Insurance Representative, the Party must submit a written statement regarding its proposed
00655667-2 14
STIPULATED [PROPOSED] PROTECTIVE ORDER
1 replacement Designated House Counsel or Insurance Representative pursuant to this paragraph and
2 follow the procedures in Sections 8.2 and 8.3 below.
3 8.2 A Party may disclose Protected Material to its Designated House Counsel or to an
4 Insurance Representative in accordance with the provisions of this Protective Order unless the Party
5 receives a written objection from a Designating Party within 10 days of receiving notice as described
6 in Section 8.1. If the Party replaces any of its Designated House Counsel or Insurance
7 Representatives pursuant to Section 8.1, the Party may disclose Protected Material in accordance
8 with this Protective Order unless such Party receives a written objection from a Designating Party
9 within 10 days of receiving the Party’s written statement. Any objection must set forth in detail the
10 grounds on which it is based.
11 8.3 If a Party receives a timely written objection, it must meet and confer with the
12 Designating Party to try to resolve the matter by agreement within 7 days of the written objection.
13 If no agreement is reached, the Designating Party will then have 7 additional days to comply with
14 the dispute resolution procedures in Magistrate Judge Hixson’s Standing Order or to file a motion
15 with the Court objecting to the Designated House Counsel or Insurance Representative. The Party
16 will not disclose any “CONFIDENTIAL” designated Protected Material to Insurance
17 Representatives or “HIGHLY CONFIDENTIAL (COMPETITOR)” designated Protected Material
18 to the proffered Designated House Counsel pending resolution of the dispute.
19 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
20 OTHER LITIGATION
21 9.1 If a Party or other person or entity authorized to receive Protected Material under
22 Section 7 is served with a subpoena or court order in other litigation that compels disclosure of any
23 Protected Material that Party must:
24 (a) promptly notify in writing the Designating Party, including a copy of the
25 subpoena or court order;
26 (b) promptly notify in writing the party who caused the subpoena or order to
27 issue in the other matter that some or all of the material covered by the subpoena or order is subject
28 to this Protective Order. Such notification shall include a copy of this Protective Order; and
00655667-2 15
STIPULATED [PROPOSED] PROTECTIVE ORDER
1 (c) cooperate with respect to all reasonable procedures sought to be pursued by
2 the Designating Party whose Protected Material may be affected.
3 9.2 If the Designating Party timely seeks a protective order, the Party served with the
4 subpoena or court order shall not produce any Protected Material before a determination by the court
5 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s
6 permission. The Designating Party shall bear the burden and expense of seeking protection in that
7 court of its confidential material. Any agreement by a Designating Party that Protected Material
8 may be produced in response to a subpoena or order does not in any way waive the protections this
9 Protective Order provides against disclosure in any other matter, including this Action.
10 9.3 The provisions set forth herein are not intended to, and do not, restrict in any way the
11 procedures set forth in Federal Rule of Civil Procedure 45(d)(3) or (f). Nothing in these provisions
12 should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a
13 lawful directive from another court.
14 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
15 THIS ACTION
16 10.1 The terms of this Protective Order are applicable to Protected Material produced by
17 a Non-Party in this Action. Such Protected Material produced by Non-Parties in connection with
18 this Action is protected by the remedies and relief provided by this Protective Order. Nothing in
19 these provisions should be construed as prohibiting a Non-Party from seeking additional protections.
20 10.2 In the event that a Party is required, by a valid discovery request, to produce a Non-
21 Party’s confidential information in its possession, and the Party is subject to an agreement with the
22 Non-Party not to produce the Non-Party’s confidential information, then the Party shall
23 (a) promptly notify in writing the Requesting Party and the Non-Party that some
24 or all of the information requested is subject to a confidentiality agreement with a Non-Party.
25 (b) promptly provide the Non-Party with a copy of the Protective Order in this
26 litigation, the relevant discovery request(s), and a reasonably specific description of the information
27 requested; and
28 (c) make the information requested available for inspection by the Non-Party.
00655667-2 16
STIPULATED [PROPOSED] PROTECTIVE ORDER
1 10.3 If the Non-Party fails to object or seek a protective order from this Court within 14
2 days after receiving the notice and accompanying information, then the Receiving Party may
3 produce the Non-Party’s confidential information responsive to the discovery request. If the Non-
4 Party timely seeks a protective order, the Receiving Party shall not produce any of the Non-Party’s
5 information in its possession or control that is subject to the confidentiality agreement with the Non-
6 Party before a determination by the Court. Absent a court order to the contrary, the Non-Party shall
7 bear the burden and expense of seeking protection in this Court of its Protected Material.
8 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
9 11.1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
10 Protected Material to any person or in any circumstance not authorized under this Protective Order,
11 the Receiving Party must immediately:
12 (a) notify in writing the Designating Party of the unauthorized disclosure(s);
13 (b) use its best efforts to retrieve all unauthorized copies of the
14 Protected Material;
15 (c) inform the person or persons to whom unauthorized disclosures were made
16 of all the terms of this Protective Order; and
17 (d) request such person or persons to execute the “Acknowledgment and
18 Agreement to Be Bound” that is attached hereto as Exhibit A.
19 11.2 Nothing in these provisions limits or prohibits a Party or Non-Party from seeking any
20 available legal or equitable remedies or relief for the unauthorized disclosure of its Protected
21 Material, including but not limited to attorneys’ fees and costs associated with enforcing its rights
22 under this Protective Order.
23 12. MISCELLANEOUS
24 12.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any
25 person or Party to seek its modification by the Court in the future.
26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
27 no Party waives any right it otherwise would have to object to disclosing or producing any
28 Disclosure or Discovery Material on any ground. Similarly, no Party waives any right to object on
00655667-2 17
STIPULATED [PROPOSED] PROTECTIVE ORDER
1 any ground to use in evidence of any of the Disclosure or Discovery Material covered by this
2 Protective Order.
3 12.3 Filing Protected Material. Where any Confidential Materials, or Information derived
4 from Confidential Materials, is included in any motion or other proceeding governed by California
5 Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery
6 motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the
7 following shall apply: If Confidential Materials or Information derived from Confidential Materials
8 are submitted to or otherwise disclosed to the Court in connection with discovery motions and
9 proceedings, the same shall be separately filed under
Preview
1 PANISH | SHEA | BOYLE | RAVIPUDI LLP BRIAN J. PANISH, State Bar No. 116060 2 bpanish@psbr.law RAHUL RAVIPUDI, State Bar No. 204519 3 rravipudi@psbr.law JESSE CREED, State Bar No. 272595 4 jcreed@psbr.law 5 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 6 Telephone: 310.477.1700 Facsimile: 310.477.1699 7 MORGAN & MORGAN 8 EMILY C. JEFFCOTT (admitted pro hac vice) ejeffcott@forthepeople.com 9 633 West Fifth Street, Suite 2652, Los Angeles, CA 90071 10 Tel: (213) 787-8590 11 Fax: (213) 418-3983 12 BEASLEY ALLEN JOSEPH VANZANDT (admitted pro hac vice) 13 joseph.vanzandt@beasleyallen.com 234 Commerce Street 14 Montgomery, AL 36103 Tel: (334)269-2343 15 Co-Lead and Co-Liaison Counsel for Plaintiffs Electronically Received 04/02/2024 01:00 PM 16 [Additional Counsel in Signature Pages] 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 COUNTY OF LOS ANGELES, SPRING STREET COURTHOUSE 20 COORDINATION PROCEEDING JUDICIAL COUNCIL COORDINATION 21 SPECIAL TITLE [RULE 3.400] PROCEEDING NO. 5255 22 SOCIAL MEDIA CASES Lead Case No. for Filing Purposes: 23 _____________________________________ 22STCV21355 THIS DOCUMENT RELATES TO: 24 Assigned for All Purposes to the 25 ALL CASES Hon. Carolyn B. Kuhl, Department SSC-12 26 (Christina Arlington Smith, et al., v. TikTok STIPULATED [PROPOSED] Inc., et al., Case No. 22STCV21355) PROTECTIVE ORDER 27 28 00655667-2 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Plaintiffs and Defendants hereby submit the Stipulated [Proposed] Protective Order for entry 2 by the Court. The undersigned parties hereby stipulate as follows: 3 1. PURPOSES AND LIMITATIONS 4 Disclosure and discovery activity in this Action are likely to involve production of 5 confidential, proprietary, trade secret, commercially sensitive, personal health and/or educational, 6 and/or other private information for which special protection from public disclosure and from use 7 for any purpose other than prosecuting this Action is warranted. Accordingly, the Parties hereby 8 stipulate to and petition the Court to enter the following Protective Order. The Parties acknowledge 9 that this Protective Order does not confer blanket protections on all disclosures or responses to 10 discovery and that the protection it affords from public disclosure and use extends only to the limited 11 information or items that are entitled to confidential treatment under the applicable legal principles. 12 Liaison Counsel for Plaintiffs and Defendants are responsible for ensuring that all Parties added to 13 this Action after this Protective Order is entered are informed of their obligations hereunder. Unless 14 otherwise stated, all periods of time provided for in this Protective Order are calculated as calendar 15 days. 16 2. DEFINITIONS 17 2.1 Action: Action shall refer to the actions currently included in JCCP No. 5255, any 18 other action hereafter added or transferred to JCCP No. 5255, and all actions later remanded to their 19 respective transferor courts from JCCP No. 5255. 20 2.2 Challenging Party: a Party or Non-Party that challenges the designation or non- 21 designation of Disclosure or Discovery Material under this Protective Order. 22 2.3 Competitive Decision-Making: the action or process of making a business decision 23 or resolving a non-legal question relating to a competitor, potential competitor, customer, or 24 distribution partner regarding contracts, marketing, pricing, service development or design, product 25 or service offering, research and development, mergers and acquisitions, or licensing, acquisition, 26 funding or enforcement of intellectual property. It does not include legal advice provided in 27 connection with litigation, potential litigation, or regulatory matters, nor does it include work 28 performed as part of a trial team or to keep management advised on the progress or status of 00655667-2 1 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 litigation, potential litigation, or regulatory matters. 2 2.4 “CONFIDENTIAL” Protected Material: Disclosure or Discovery Material that 3 would qualify for protection under Federal Rule of Civil Procedure 26(c). 4 2.5 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their 5 support staff). 6 2.6 Designated House Counsel: House Counsel who have responsibility for managing 7 this action and who seek access to “HIGHLY CONFIDENTIAL (COMPETITOR)” information in 8 this matter. 9 2.7 Designating Party: a Party or Non-Party that designates Disclosure or Discovery 10 Material that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or 11 “HIGHLY CONFIDENTIAL (COMPETITOR).” 12 2.8 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, among other things, 14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 15 responses to discovery in this matter. 16 2.9 Expert: a person with specialized knowledge or experience in a matter pertinent to 17 this Action who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 18 consultant in this Action, (2) is not a current employee of a Party or of a Party’s competitor, and (3) 19 at the time of retention, is not anticipated to become an employee of a Party or of a Party’s 20 competitor. 21 2.10 “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected Material: Protected 22 Material the disclosure of which to another Party or Non-Party would create a substantial risk of 23 serious harm that could not be avoided by less restrictive means. 24 2.11 House Counsel: attorneys who are employees of a Party to this Action. House 25 Counsel does not include Outside Counsel or any other outside counsel. 26 2.12 Insurance Representative: An employee or outside counsel of a liability insurer who 27 may provide coverage to a Defendant in this Action, who has a need to know “CONFIDENTIAL” 28 Protected Material in order to fulfill a duty to defend or evaluate a potential coverage obligation, 00655667-2 2 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 and whose need to know “CONFIDENTIAL” Protected Material cannot be satisfied by disclosure 2 to a previously authorized Insurance Representative. For the avoidance of doubt, an Insurance 3 Representative cannot use Protected Material for any other purpose, including but not limited to use 4 in any other litigation or arbitration proceeding. 5 2.13 Non-Party: any natural person, partnership, corporation, association, or other legal 6 entity not named as a Party to this Action. 7 2.14 Outside Counsel: attorneys, as well as their support staff to whom it is reasonably 8 necessary to disclose the information for this Action (including but not limited to attorneys, 9 paralegals, secretaries, law clerks, and investigators), who are not employees of a Party to this 10 Action but are retained and have appeared in this Action to represent or advise a Party to this Action 11 and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as 12 Exhibit A. 13 2.15 Party: any party to this Action, including all of its officers, directors, employees 14 (including House Counsel), consultants, retained experts, and Outside Counsel (and their support 15 staffs). 16 2.16 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 17 Material in this Action. 18 2.17 Professional Vendors: persons or entities that provide litigation support services 19 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and processing, 20 organizing, storing, reviewing, categorizing, or retrieving data in any form or medium) and their 21 employees and subcontractors. 22 2.18 Protected Education Records (“PER”): has the meaning set forth under 20 U.S.C. § 23 1232g; 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA) and includes but 24 is not limited to individually identifiable educational information. 25 2.19 Protected Health Information (“PHI”): has the meaning set forth in 45 C.F.R. 26 §§ 160.103 and 164.501, being part of the implementing regulations of the Health Insurance 27 Portability and Accountability Act of 1996, and includes but is not limited to individually 28 identifiable health information, including demographic information, relating to either (a) the past, 00655667-2 3 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 present, or future physical or mental condition of an individual; (b) the provision of health care to 2 an individual; or (c) the past, present, or future payment for health care provided to an individual 3 which identifies the individual or with respect to which there is a reasonable basis to believe the 4 information could be used to identify the individual. 5 2.20 Protected Material: any Disclosure or Discovery Material that is or may be 6 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL (COMPETITOR).” 7 2.21 Receiving Party: a Party that receives Disclosure or Discovery Material from a 8 Producing Party. 9 2.22 Export Control Protected Material: Highly Confidential (Competitor) Protected 10 Material of a technical nature that may be subject to export control regulations. 11 3. SCOPE 12 3.1 The protections conferred by this Protective Order cover not only Protected Material, 13 but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, 14 summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 15 presentations by Parties or their Counsel that might reveal Protected Material. 16 3.2 The protections conferred by this Protective Order, however, do not cover the 17 following information: (a) any information that is in the public domain at the time of disclosure to 18 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 19 a result of publication not involving a violation of this Protective Order or another court’s order, 20 including becoming part of the public record through trial or otherwise; and (b) any information 21 known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the 22 disclosure from a source who obtained the information lawfully and under no obligation of 23 confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by 24 separate agreement or order. 25 4. DURATION 26 4.1 Even after final disposition of this Action, the confidentiality obligations imposed by 27 this Protective Order remain in effect until a Designating Party agrees otherwise in writing or a court 28 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 00655667-2 4 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 and defenses in this Action, with or without prejudice; or (2) final judgment of the Action after the 2 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews, including the time 3 limits for filing any motions or applications for extension of time pursuant to applicable law and the 4 time limits for filing a petition for writ of certiorari to the Supreme Court of the United States if 5 applicable. The Court shall retain jurisdiction to enforce or modify this Protective Order and to make 6 further orders with respect to the use or confidentiality designations of Protected Material. 7 5. DESIGNATING PROTECTED MATERIAL 8 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 9 Non-Party that designates information or items for protection under this Protective Order must take 10 care to limit any such designation to specific material that qualifies under the appropriate standards. 11 To the extent it is practical to do so, the Designating Party must designate for protection only those 12 parts of material, documents, items, information, or oral or written communications that qualify— 13 so that other portions of the material, documents, items, information, or communications for which 14 protection is not warranted are not swept unjustifiably within the ambit of this Protective Order. 15 Absent such a designation, except as required any independent statutory or regulatory obligation, 16 the Receiving Party shall have no obligation to treat the disclosed material, documents, items, or 17 oral or written communications as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 18 (COMPETITOR)” unless and until notified pursuant to Section 5.7 of an inadvertent failure to 19 designate. 20 5.2 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 21 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 22 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 23 and burdens on other parties) expose the Designating Party to sanctions. 24 5.3 If it comes to a Designating Party’s attention that Disclosure or Discovery Material 25 that it designated for protection does not qualify for the protection initially asserted, that Designating 26 Party must promptly notify all other Parties that it is withdrawing or revising the mistaken 27 designation. 28 / / / 00655667-2 5 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 5.4 Manner and Timing of Designations. Except as otherwise provided in this Protective 2 Order (see, e.g., Section 5.5(c) below), or as otherwise stipulated or ordered, Disclosure or 3 Discovery Material that qualifies for protection under this Protective Order must be clearly so 4 designated before the material is disclosed or produced. 5 5.5 Designation in conformity with this Protective Order requires: 6 (a) For Protected Material in documentary form (e.g., paper or electronic 7 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 8 Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 9 (COMPETITOR)” to each page that contains Protected Material. If only a portion or portions of the 10 material on a page qualifies for protection, the Producing Party also must clearly identify the 11 protected portion(s) (e.g., by making appropriate markings in the margins), to the extent it is 12 practical to do so. For Protected Material that is produced in native electronic format, the designation 13 legend must be included in the file name of the native documents and on any related imaged 14 slipsheets when produced, and any Party when printing such Protected Material must affix the 15 designated legend to each page of the printed copy. 16 (b) Notwithstanding the foregoing, a Party or Non-Party that makes original 17 documents or materials available for inspection need not designate them for protection until after 18 the inspecting Party has indicated which material it would like copied and produced. During the 19 inspection and before the designation, all of the material made available for inspection shall be 20 treated in accordance with the rules applicable to “HIGHLY CONFIDENTIAL (COMPETITOR)” 21 information. After the inspecting Party has identified the documents it wants copied and produced, 22 the Producing Party must determine which documents, or portions thereof, qualify for protection 23 under this Protective Order. Then, before producing the specified documents, the Producing Party 24 must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 25 (COMPETITOR)”) to each page that contains Protected Material. If only a portion or portions of 26 the material on a page qualifies for protection, the Producing Party also must clearly identify the 27 protected portion(s) (e.g., by making appropriate markings in the margins), to the extent it is 28 practical to do so. 00655667-2 6 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 (c) For testimony given in deposition, that the Designating Party designate any 2 testimony or exhibits “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR)” 3 either on the record before the close of the deposition or in writing on or before the later of thirty 4 days after receipt of the final transcript or the date by which any review by the witness and 5 corrections to the transcript are to be completed under Federal Rule of Civil Procedure 30. If any 6 portion of a deposition is designated, the transcript shall be labeled with the appropriate legend in 7 an obvious manner on the title page, and the title page must be followed by a list of all pages that 8 have been designated as Protected Material and the level of protection being asserted by the 9 Designating Party. If any portion of a videotaped deposition is designated, the original and all copies 10 of any videotape, DVD, or other media container shall be labeled with the appropriate legend in an 11 obvious manner. The Party initiating the deposition shall inform the court reporter of these 12 requirements. 13 Pending designation as set forth above, the entire transcript, including exhibits, shall be 14 treated in accordance with the rules applicable to “HIGHLY CONFIDENTIAL (COMPETITOR)” 15 information. If no designation is made within the time period above, the transcript shall be 16 considered not to contain any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 17 (COMPETITOR)” information. The foregoing provision is expressly subject to the restrictions set 18 forth in Section 5.6 below. 19 (d) For Protected Material produced in some form other than documentary and 20 for any other tangible items, that the Producing Party affix in a prominent place on the exterior of 21 the container or containers in which the Protected Material is produced or stored the legend 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR).” If only a portion or 23 portions of the information or item warrant protection, the Producing Party, to the extent practicable, 24 shall identify the protected portion(s) and specify the level of protection being asserted. 25 5.6 Any Protected Material that is used in the taking of a deposition shall remain subject 26 to the provisions of this Protective Order, along with the transcript pages and videotape of the 27 deposition testimony dealing with such Protected Material. The use of Protected Material as an 28 exhibit at a deposition or other pretrial proceeding will not in any way affect its designation as 00655667-2 7 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Protected Material. Counsel for any Producing Party shall have the right to exclude from oral 2 depositions, other than the deponent and deponent’s counsel, any person who is not authorized by 3 this Protective Order to receive or access Protected Material based on the designation of such 4 Protected Material. Such right of exclusion shall be applicable only during periods of examination 5 or testimony regarding such Protected Material. Parties shall give other Parties notice if they 6 reasonably expect a deposition or other pretrial proceeding to include Protected Material so that the 7 other Parties can ensure that only authorized individuals who have signed the “Acknowledgment 8 and Agreement to Be Bound” (Exhibit A) are present at those proceedings. 9 5.7 Failures to Designate. If timely corrected, an inadvertent failure to designate 10 qualified Disclosure or Discovery Material does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Protective Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 13 in accordance with the provisions of this Protective Order and shall return or destroy, at the 14 Designating Party’s option, all qualified information or items that were not designated properly. 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 17 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 19 burdens, or a significant disruption or delay of this Action, a Party does not waive its right to 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the 21 original designation is disclosed. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 23 by providing written notice of each designation it is challenging and describing the basis for each 24 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 25 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 26 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 27 begin the process by conferring directly (in voice-to-voice dialogue; other forms of communication 28 are not sufficient) within fourteen days of the date of service of notice. In conferring, the Challenging 00655667-2 8 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 Party must explain the basis for its belief that the confidentiality designation was not proper and 2 must give the Designating Party an opportunity to review the designated material, to reconsider the 3 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 4 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 5 has engaged in this meet-and-confer process first or establishes that the Designating Party is 6 unwilling to participate in the meet-and-confer process in a timely manner. 7 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 8 intervention, the Designating Party may file and serve a motion to retain the confidentiality 9 designation under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) 10 within 21 days of the initial notice or within 14 days of the Parties agreeing that the meet and confer 11 process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied 12 by a competent declaration affirming that the movant has complied with the meet and confer 13 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 14 motion including the required declaration within the specified time period shall automatically waive 15 the confidentiality designation for each challenged designation. In addition, the Challenging Party 16 may file a motion challenging a confidentiality designation at any time if there is good cause for 17 doing so, including a challenge to the designation of a deposition transcript or any portions thereof. 18 Any motion brought pursuant to this provision must be accompanied by a competent declaration 19 affirming that the movant has complied with the meet and confer requirements imposed by the 20 preceding paragraph. 21 6.4 The burden of persuasion in any such challenge proceeding shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or 23 impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to 24 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file 25 a motion to retain confidentiality as described above, all Parties shall continue to afford the material 26 in question the level of protection to which it is entitled under the Producing Party’s designation 27 until the Court rules on the challenge. 28 / / / 00655667-2 9 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material in connection with 3 this Action only for prosecuting, defending, or attempting to settle this Action. Protected Material 4 may be disclosed only to the categories of persons and under the conditions described in this 5 Protective Order. 6 Protected Material must be stored and maintained by a Receiving Party at a location and in 7 a secure manner that ensures that access is limited to the persons authorized under this Order. When 8 this Action has been terminated, a Receiving Party must comply with the provisions of Section 13 9 below (FINAL DISPOSITION). 10 7.2 Pre-Trial Disclosure of “CONFIDENTIAL” Protected Material. Unless otherwise 11 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 12 disclose any information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel; 14 (b) Insurance Representatives to whom disclosure is reasonably necessary for 15 this Action, consistent with the restrictions set forth in Sections 2.12, 7.7, and 8, and who have 16 executed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 (c) the Receiving Party, or the officers, directors, and employees (including 18 House Counsel) of the Receiving Party (if an entity) to whom disclosure is reasonably necessary for 19 this Action; 20 (d) Experts (as defined in this Protective Order) of the Receiving Party to whom 21 disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and 22 Agreement to Be Bound” (Exhibit A); 23 (e) the Court and its personnel; 24 (f) court reporters and their staff; 25 (g) professional jury or trial consultants and mock jurors or focus group members 26 who have signed a confidentiality agreement, and Professional Vendors to whom disclosure is 27 reasonably necessary for this Action and whose representative has signed the “Acknowledgment 28 and Agreement to Be Bound” (Exhibit A); 00655667-2 10 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 (h) during their depositions, witnesses in the Action to whom disclosure is 2 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court; 4 (i) any mediator who is assigned to hear this Action, and his or her staff, who 5 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 6 (j) the author or recipient of a document containing the Protected Material; and 7 (k) any custodian or other person who otherwise possessed or knew the 8 information contained in the Protected Material. 9 7.3 Any party producing or disclosing any PHI or PER as defined herein will designate 10 it “CONFIDENTIAL” under this Protective Order. 11 7.4 Pre-Trial Disclosure of “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected 12 Material. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a 13 Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL 14 (COMPETITOR)” only to: 15 (a) the Receiving Party’s Outside Counsel; 16 (b) Up to two Designated House Counsel of a Party who (i) are not involved in 17 Competitive Decision-Making at or on behalf of the Party, and (ii) have executed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (c) Experts (as defined in this Protective Order) of the Receiving Party (1) to 20 whom disclosure is reasonably necessary for this Action, (2) who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures 22 set forth in Section 7.6, below, have been followed; 23 (d) the Court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants and mock jurors or focus group members 26 who have signed a confidentiality agreement, and Professional Vendors to whom disclosure is 27 reasonably necessary for this Action and whose representative has signed the “Acknowledgment 28 and Agreement to Be Bound” (Exhibit A); 00655667-2 11 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 (g) any mediator who is assigned to hear this Action, and his or her staff, who 2 have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 3 (h) the author or recipient of a document containing the Protected Material; 4 (i) during their depositions, 30(b)(6) witnesses of the Designating Party to whom 5 disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to 6 Be Bound” (Exhibit A), provided that the material was produced by, originated with, or contains 7 communications with or by the Party on whose behalf the witness is testifying; and 8 (j) any custodian or other person who otherwise possessed or knew the 9 information contained in the Protected Material. 10 7.5 This Protective Order shall not be construed to restrict or limit the use, dissemination, 11 or disposition by the Designating Party of its own information that it designates as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL (COMPETITOR).” 13 7.6 Procedures for Approving or Objecting to Disclosure of “HIGHLY 14 CONFIDENTIAL (COMPETITOR)” Protected Material to Experts. 15 (a) “HIGHLY CONFIDENTIAL (COMPETITOR)” Protected Material as used 16 in this Section 7.6 does not apply to source code. The Parties have represented to the Court that 17 they will submit a separate Proposed Protective Order to address source code produced in this action. 18 Unless otherwise ordered by the Court or agreed to in writing by the Designating Party, a Party that 19 seeks to disclose to an Expert (as defined in this Protective Order) any “HIGHLY CONFIDENTIAL 20 (COMPETITOR)” Protected Material, must first make a written disclosure to the Designating Party 21 that (1) sets forth the full name of the Expert and the city and state of his or her primary place of 22 business, (2) attaches a copy of the Expert’s current resume or CV, (3) identifies the Expert’s current 23 employer(s), (4) identifies each person or entity from whom the Expert has received compensation 24 or funding for work in his or her areas of expertise or to whom the Expert has provided professional 25 services, including in connection with a litigation, at any time during the preceding five years and 26 the Party to any litigation for whom such work was done, (5) identifies (by name and number of the 27 case, filing date, and location of court) any litigation in connection with which the Expert has offered 28 expert testimony, including through a declaration, report, or testimony at a deposition or trial, during 00655667-2 12 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 the preceding five years, and (6) identifies any patents or patent applications in which the Expert is 2 identified as an inventor or applicant, is involved in prosecuting or maintaining, or has any pecuniary 3 interest. 4 With regard to the information sought through part (4) of such an Expert disclosure, if the 5 Expert believes any of this information is subject to a confidentiality obligation and/or non- 6 disclosure agreement to a Non-Party, then the Expert should provide whatever information the 7 Expert believes can be disclosed without violating any confidentiality agreements, including at a 8 minimum disclosing the existence of the confidentiality agreement and/or nondisclosure agreement, 9 and the Party seeking to disclose to the Expert must be available to meet and confer with the 10 Designating Party regarding any such engagement. 11 Plaintiffs preserve their right to object to disclosure of the information required by paragraph 12 7.6(a) for an expert that has been retained by the JCCP Plaintiffs but not the MDL Plaintiffs, and 13 agree to raise such an objection with Defendants prior to the disclosure of any “HIGHLY 14 CONFIDENTIAL (COMPETITOR)” documents to the expert. 15 Additionally, as required by Sections 5.1 and 5.2 herein, a Designating Party shall not over- 16 designate produced documents, information, or material as “HIGHLY CONFIDENTIAL 17 (COMPETITOR)” Protected Material. 18 (b) A Party that makes a disclosure and provides the information specified in the 19 preceding respective paragraphs may disclose the subject Protected Material to the identified Expert 20 unless, within fourteen calendar days of delivering the request, the Party receives a written objection 21 from the Designating Party. Any such objection must set forth in detail the grounds on which it is 22 based. Any such objection shall be reasonable and made in good faith, and shall be signed by 23 counsel under Fed. R. Civ. P. 11. 24 (c) A Party that receives a timely written objection must meet and confer with 25 the Designating Party (through direct voice-to-voice dialogue) to try to resolve the matter by 26 agreement within ten calendar days of the written objection. The Parties shall comply with all meet 27 and confer requirements in Section H of this Court’s Discovery Standing Order. If no agreement is 28 reached, the Parties shall comply with Section H of the Court’s Discovery Standing Order by subsequent motion. 00655667-2 13 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 presenting a joint letter brief to present such discovery dispute to the Court, or otherwise in 2 accordance with any other Orders from the Court on procedures for disputes relating to discovery 3 matters and protective orders in this matter. Each such motion must be accompanied by a competent 4 declaration affirming that the movant has complied with the meet and confer requirements imposed 5 in this paragraph and the Court’s Standing Orders. 6 In any such proceeding, the Party opposing disclosure to the Expert bears the burden of 7 proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 8 outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 9 7.7 Disclosure of Protected Material to Designated House Counsel or Insurance 10 Representatives. Any Protected Material provided to Designated House Counsel or Insurance 11 Carriers pursuant to Sections 7.2(b) or 7.4(b) above, shall be provided through a secure, third-party 12 platform and access shall be limited to read-only. Each Designated House Counsel or Insurance 13 Representative shall be provided their own access credentials, which they shall not share with 14 anyone else. 15 8. CHALLENGES TO DESIGNATED HOUSE COUNSEL OR INSURANCE 16 REPRESENTATIVES 17 8.1 Unless otherwise ordered by the Court or agreed to in writing by the Designating 18 Party, before disclosing any Protected Material designated as “CONFIDENTIAL” (in the case of 19 Insurance Representatives) or “HIGHLY CONFIDENTIAL (COMPETITOR)” (in the case of a 20 Party’s Designated House Counsel), a Party must submit in writing to the Designating Party a 21 written statement that: (1) sets forth the full name of each Designated House Counsel or Insurance 22 Representative and the city and state of his or her residence, and (2) (for Insurance Representatives 23 only) states the Insurance Representative’s job title and a brief explanation regarding the 24 individual’s need to know the Confidential Information, and (3) (for Designated House Counsel 25 only) describes each Designated House Counsel’s primary job duties and responsibilities in 26 sufficient detail to determine if each Designated House Counsel is involved in Competitive 27 Decision-Making. If at any time, a Party decides to replace a Designated House Counsel or 28 Insurance Representative, the Party must submit a written statement regarding its proposed 00655667-2 14 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 replacement Designated House Counsel or Insurance Representative pursuant to this paragraph and 2 follow the procedures in Sections 8.2 and 8.3 below. 3 8.2 A Party may disclose Protected Material to its Designated House Counsel or to an 4 Insurance Representative in accordance with the provisions of this Protective Order unless the Party 5 receives a written objection from a Designating Party within 10 days of receiving notice as described 6 in Section 8.1. If the Party replaces any of its Designated House Counsel or Insurance 7 Representatives pursuant to Section 8.1, the Party may disclose Protected Material in accordance 8 with this Protective Order unless such Party receives a written objection from a Designating Party 9 within 10 days of receiving the Party’s written statement. Any objection must set forth in detail the 10 grounds on which it is based. 11 8.3 If a Party receives a timely written objection, it must meet and confer with the 12 Designating Party to try to resolve the matter by agreement within 7 days of the written objection. 13 If no agreement is reached, the Designating Party will then have 7 additional days to comply with 14 the dispute resolution procedures in Magistrate Judge Hixson’s Standing Order or to file a motion 15 with the Court objecting to the Designated House Counsel or Insurance Representative. The Party 16 will not disclose any “CONFIDENTIAL” designated Protected Material to Insurance 17 Representatives or “HIGHLY CONFIDENTIAL (COMPETITOR)” designated Protected Material 18 to the proffered Designated House Counsel pending resolution of the dispute. 19 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 20 OTHER LITIGATION 21 9.1 If a Party or other person or entity authorized to receive Protected Material under 22 Section 7 is served with a subpoena or court order in other litigation that compels disclosure of any 23 Protected Material that Party must: 24 (a) promptly notify in writing the Designating Party, including a copy of the 25 subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or order to 27 issue in the other matter that some or all of the material covered by the subpoena or order is subject 28 to this Protective Order. Such notification shall include a copy of this Protective Order; and 00655667-2 15 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 (c) cooperate with respect to all reasonable procedures sought to be pursued by 2 the Designating Party whose Protected Material may be affected. 3 9.2 If the Designating Party timely seeks a protective order, the Party served with the 4 subpoena or court order shall not produce any Protected Material before a determination by the court 5 from which the subpoena or order issued, unless the Party has obtained the Designating Party’s 6 permission. The Designating Party shall bear the burden and expense of seeking protection in that 7 court of its confidential material. Any agreement by a Designating Party that Protected Material 8 may be produced in response to a subpoena or order does not in any way waive the protections this 9 Protective Order provides against disclosure in any other matter, including this Action. 10 9.3 The provisions set forth herein are not intended to, and do not, restrict in any way the 11 procedures set forth in Federal Rule of Civil Procedure 45(d)(3) or (f). Nothing in these provisions 12 should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a 13 lawful directive from another court. 14 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 15 THIS ACTION 16 10.1 The terms of this Protective Order are applicable to Protected Material produced by 17 a Non-Party in this Action. Such Protected Material produced by Non-Parties in connection with 18 this Action is protected by the remedies and relief provided by this Protective Order. Nothing in 19 these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 20 10.2 In the event that a Party is required, by a valid discovery request, to produce a Non- 21 Party’s confidential information in its possession, and the Party is subject to an agreement with the 22 Non-Party not to produce the Non-Party’s confidential information, then the Party shall 23 (a) promptly notify in writing the Requesting Party and the Non-Party that some 24 or all of the information requested is subject to a confidentiality agreement with a Non-Party. 25 (b) promptly provide the Non-Party with a copy of the Protective Order in this 26 litigation, the relevant discovery request(s), and a reasonably specific description of the information 27 requested; and 28 (c) make the information requested available for inspection by the Non-Party. 00655667-2 16 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 10.3 If the Non-Party fails to object or seek a protective order from this Court within 14 2 days after receiving the notice and accompanying information, then the Receiving Party may 3 produce the Non-Party’s confidential information responsive to the discovery request. If the Non- 4 Party timely seeks a protective order, the Receiving Party shall not produce any of the Non-Party’s 5 information in its possession or control that is subject to the confidentiality agreement with the Non- 6 Party before a determination by the Court. Absent a court order to the contrary, the Non-Party shall 7 bear the burden and expense of seeking protection in this Court of its Protected Material. 8 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 11.1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this Protective Order, 11 the Receiving Party must immediately: 12 (a) notify in writing the Designating Party of the unauthorized disclosure(s); 13 (b) use its best efforts to retrieve all unauthorized copies of the 14 Protected Material; 15 (c) inform the person or persons to whom unauthorized disclosures were made 16 of all the terms of this Protective Order; and 17 (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11.2 Nothing in these provisions limits or prohibits a Party or Non-Party from seeking any 20 available legal or equitable remedies or relief for the unauthorized disclosure of its Protected 21 Material, including but not limited to attorneys’ fees and costs associated with enforcing its rights 22 under this Protective Order. 23 12. MISCELLANEOUS 24 12.1 Right to Further Relief. Nothing in this Protective Order abridges the right of any 25 person or Party to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 27 no Party waives any right it otherwise would have to object to disclosing or producing any 28 Disclosure or Discovery Material on any ground. Similarly, no Party waives any right to object on 00655667-2 17 STIPULATED [PROPOSED] PROTECTIVE ORDER 1 any ground to use in evidence of any of the Disclosure or Discovery Material covered by this 2 Protective Order. 3 12.3 Filing Protected Material. Where any Confidential Materials, or Information derived 4 from Confidential Materials, is included in any motion or other proceeding governed by California 5 Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery 6 motions or other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the 7 following shall apply: If Confidential Materials or Information derived from Confidential Materials 8 are submitted to or otherwise disclosed to the Court in connection with discovery motions and 9 proceedings, the same shall be separately filed under