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1 Mary Arens McBride, Esq. (SBN 282459)
Yohannes Moore, Esq. (SBN 330561)
2 Xylon Quezada, Esq. (SBN 324802)
ERSKINE LAW GROUP, PC
3 1592 N. Batavia St., Suite 1A
Orange, CA 92867
4 Tel: (949) 777-6032
Fax: (714) 844-9035
5 Email: marensmcbride@erskinelaw.com
Email: ymoore@erskinelaw.com
6 Email: xquezada@erskinelaw.com
7 Attorneys for DEFENDANT,
GENERAL MOTORS LLC
8
9 David N. Barry, Esq. (SBN 219230)
Debora Rabieian, Esq. (SBN 315022)
10 THE BARRY LAW FIRM
11845 West Olympic Blvd., Suite 1270
11 Los Angeles, CA 90064
TEL: (949) 777-6032 / FAX: (714) 844-9035
Telephone: (310) 684-5859
12 Facsimile: (310) 862-4539
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
Email: dbarry@mylemonrights.com
13 Email: drabieian@mylemonrights.com
ORANGE, CA 92867
14 Attorneys for PLAINTIFFS,
15 JAMES PAINE and PATRICIA PAINE-CASANARES
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 FOR THE COUNTY OF KERN
18 JAMES PAINE, an individual; and
PATRICIA PAINE-CASANARES, an
CASE NO.: BCV-23-102304
individual, LOS ANGELES MODEL
19
Plaintiffs, STIPULATION AND PROTECTIVE
20
vs. ORDER – CONFIDENTIAL
21 DESIGNATION ONLY
GENERAL MOTORS LLC, a Delaware
22 Limited Liability Company; and DOES
1 through 20, inclusive,
23
Defendants.
24
IT IS HEREBY STIPULATED by and between the Parties to JAMES PAINE and
25
PATRICIA PAINE-CASANARES v. GENERAL MOTORS LLC, by and through their respective
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counsel of record, that in order to facilitate the exchange of information and documents which
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may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and
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privacy rights, the Parties stipulate as follows:
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 1. In this Stipulation and Protective Order, the words set forth below shall have the
2 following meanings:
3 a. “Proceeding” means the above-entitled proceeding BCV-23-102304.
4 b. “Court” means the Hon. Thomas S. Clark or any other judge to which this
5 Proceeding may be assigned, including Court staff participating in such
6 proceedings.
7 c. “Confidential” means any information which is in the possession of a
8 Designating Party who believes in good faith that such information is entitled
9 to confidential treatment under applicable law.
10 d. “Confidential Materials” means any Documents, Testimony or Information as
11 defined below designated as “Confidential” pursuant to the provisions of this
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 Stipulation and Protective Order.
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 e. “Designating Party” means the Party that designates Materials as
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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
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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
8 of the “Confidential” designation. The ”Confidential” 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
11 proceedings), the Designating Party must affix the legend “Confidential” on
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 each page of any Document containing such designated Confidential Material.
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 b. For Testimony given in depositions the Designating Party may either:
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14 i. identify on 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
10 or Information that is subject to a “Confidential” designation is inadvertently
11 produced without such designation, the Party that inadvertently produced the document
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 shall give written notice of such inadvertent production within twenty (20) days of
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 discovery of the inadvertent production, together with a further copy of the subject
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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
11 “Designation Motion”). Pending a resolution of the Designation Motion by the Court,
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 any and all existing designations on the Documents, Testimony or Information at issue in
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 such Motion shall remain in place. The Designating Party shall have the burden on
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14 any Designation Motion of establishing the applicability of its “Confidential”
15 designation. In the event that the Designation Objections are neither timely agreed to
16 nor timely addressed in the Designation Motion, then such Documents, Testimony or
17 Information shall be de-designated in accordance with the Designation Objection
18 applicable to such 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
10 Exhibit A;
11 d. court reporters in this Proceeding (whether at depositions, hearings, or any other
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 proceeding);
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 e. any deposition, trial or hearing witness in the Proceeding who previously has had
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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
1 h. outside experts or expert consultants consulted by the undersigned Parties or their
2 counsel in connection with the Proceeding, whether or not retained to testify
3 at any oral hearing; provided, however, that prior to the Disclosure of Confidential
4 Materials to any such expert or expert consultant, counsel for the Party making
5 the Disclosure shall deliver a copy of this Stipulation and Protective Order to
6 such person, shall explain its terms to such person, and shall secure the signature
7 of such person on a statement in the form attached hereto as Exhibit A. It shall be
8 the obligation of counsel, upon learning of any breach or threatened breach of
9 this Stipulation and Protective Order by any such expert or expert consultant, to
10 promptly notify counsel for the Designating Party of such breach or threatened
11 breach; and
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 i. any other person that the Designating Party agrees to in writing.
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 8. Confidential Materials shall be used by the persons receiving them only for the
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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 as an admission by any person that any particular Document,
24 Testimony or Information marked “Confidential” contains or reflects trade
25 secrets, proprietary, confidential or competitively sensitive business, 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
10 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof
11 and filing the same with the Court, and serving copies of such signed and dated copy upon
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 the other Parties to this Stipulation and Protective Order.
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 12. Any Information that may be produced by a non-Party witness in discovery in the
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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.
11 15. If, after execution of this Stipulation and Protective Order, any Confidential
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 Materials submitted by a Designating Party under the terms of this Stipulation and
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 Protective Order is Disclosed by a non-Designating Party to any person other than in the
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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 any Confidential Materials, or Information derived from Confidential
23 Materials, is included in any motion or other proceeding governed by California Rules
24 of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to
25 discovery motions or other proceedings not governed by California Rules of Court, Rules
26 2.550 and 2.551, the following shall apply: If Confidential Materials or Information
27 derived from Confidential Materials are submitted to or otherwise disclosed to the
28 Court in connection with discovery motions and proceedings, the same shall be
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 separately filed under seal with the clerk of the Court in an envelop 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.
10 20. This Stipulation and Protective Order shall continue to be binding after the
11 conclusion of this Proceeding and all subsequent proceedings arising from this
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 Proceeding, except that a Party may seek the written permission of the Designating Party
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ERSKINE LAW GROUP, PC
13 or may move the Court for relief from the provisions of this Stipulation and Protective
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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
10 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the
11 event that the Court enters a different Protective Order, the Parties agree to be bound by
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 this Stipulation and Protective Order until such time as the Court may enter such a
1592 N. B ATAVIA S T ., S UITE 1A
ERSKINE LAW GROUP, PC
13 different Order. It is the Parties’ intent to be bound by the terms of this Stipulation and
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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: November 10, 2023 ERSKINE LAW GROUP, PC
18
19
By: ____________________
20 MARY ARENS MCBRIDE, Esq.
YOHANNES MOORE, Esq.
21 Counsel for Defendant,
GENERAL MOTORS LLC
22
23 DATED: November 13, 2023
_________________ THE BARRY LAW FIRM
24
By: ____________________
25 DAVID N. BARRY, Esq.
DEBORA RABIEIAN, Esq.
26 Counsel for Plaintiffs,
JAMES PAINE and
27 PATRICIA PAINE-CASANARES
28
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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.
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DATED: _____________________ ____________________________________
9
HONORABLE THOMAS S. CLARK
10
JUDGE OF THE SUPERIOR COURT
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TEL: (949) 777-6032 / FAX: (714) 844-9035
12
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 EXHIBIT A
2 Certification re: Confidential Discovery Materials
3 I hereby acknowledge that I, ___________________________________________ [NAME],
4 __________________________________________________ [POSITION AND EMPLOYER],
5 am about to receive Confidential Materials supplied in connection with the Proceeding,
6 BCV-23-102304. I certify that I understand that the Confidential Materials are provided to me
7 subject to the terms and restriction of the Stipulation and Protective Order filed in this
8 Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and
9 I agree to be bound by its terms.
10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order,
11 including any notes or other records that may be made regarding any such materials, shall not be
TEL: (949) 777-6032 / FAX: (714) 844-9035
12 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will
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13 not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials
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14 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by
15 the Court in this Proceeding.
16 I further understand that I am to retain all copies of all Confidential Materials provided to me
17 in this proceeding in a secure manner, and that all copies of such Materials are to remain in my
18 personal custody until termination of my participation in this Proceeding, whereupon the copies
19 of such Materials will be returned to counsel who provided me with such Materials.
20 I declare under penalty of perjury, under the laws of the State of California, that the
21 f
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1 Mary Arens McBride, Esq. (SBN 282459) Yohannes Moore, Esq. (SBN 330561) 2 Xylon Quezada, Esq. (SBN 324802) ERSKINE LAW GROUP, PC 3 1592 N. Batavia St., Suite 1A Orange, CA 92867 4 Tel: (949) 777-6032 Fax: (714) 844-9035 5 Email: marensmcbride@erskinelaw.com Email: ymoore@erskinelaw.com 6 Email: xquezada@erskinelaw.com 7 Attorneys for DEFENDANT, GENERAL MOTORS LLC 8 9 David N. Barry, Esq. (SBN 219230) Debora Rabieian, Esq. (SBN 315022) 10 THE BARRY LAW FIRM 11845 West Olympic Blvd., Suite 1270 11 Los Angeles, CA 90064 TEL: (949) 777-6032 / FAX: (714) 844-9035 Telephone: (310) 684-5859 12 Facsimile: (310) 862-4539 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC Email: dbarry@mylemonrights.com 13 Email: drabieian@mylemonrights.com ORANGE, CA 92867 14 Attorneys for PLAINTIFFS, 15 JAMES PAINE and PATRICIA PAINE-CASANARES 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 FOR THE COUNTY OF KERN 18 JAMES PAINE, an individual; and PATRICIA PAINE-CASANARES, an CASE NO.: BCV-23-102304 individual, LOS ANGELES MODEL 19 Plaintiffs, STIPULATION AND PROTECTIVE 20 vs. ORDER – CONFIDENTIAL 21 DESIGNATION ONLY GENERAL MOTORS LLC, a Delaware 22 Limited Liability Company; and DOES 1 through 20, inclusive, 23 Defendants. 24 IT IS HEREBY STIPULATED by and between the Parties to JAMES PAINE and 25 PATRICIA PAINE-CASANARES v. GENERAL MOTORS LLC, by and through their respective 26 counsel of record, that in order to facilitate the exchange of information and documents which 27 may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and 28 privacy rights, the Parties stipulate as follows: Page 1 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 1. In this Stipulation and Protective Order, the words set forth below shall have the 2 following meanings: 3 a. “Proceeding” means the above-entitled proceeding BCV-23-102304. 4 b. “Court” means the Hon. Thomas S. Clark or any other judge to which this 5 Proceeding may be assigned, including Court staff participating in such 6 proceedings. 7 c. “Confidential” means any information which is in the possession of a 8 Designating Party who believes in good faith that such information is entitled 9 to confidential treatment under applicable law. 10 d. “Confidential Materials” means any Documents, Testimony or Information as 11 defined below designated as “Confidential” pursuant to the provisions of this TEL: (949) 777-6032 / FAX: (714) 844-9035 12 Stipulation and Protective Order. 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 e. “Designating Party” means the Party that designates Materials as ORANGE, CA 92867 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 8 of the “Confidential” designation. The ”Confidential” 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 11 proceedings), the Designating Party must affix the legend “Confidential” on TEL: (949) 777-6032 / FAX: (714) 844-9035 12 each page of any Document containing such designated Confidential Material. 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 b. For Testimony given in depositions the Designating Party may either: ORANGE, CA 92867 14 i. identify on 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 10 or Information that is subject to a “Confidential” designation is inadvertently 11 produced without such designation, the Party that inadvertently produced the document TEL: (949) 777-6032 / FAX: (714) 844-9035 12 shall give written notice of such inadvertent production within twenty (20) days of 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 discovery of the inadvertent production, together with a further copy of the subject ORANGE, CA 92867 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 11 “Designation Motion”). Pending a resolution of the Designation Motion by the Court, TEL: (949) 777-6032 / FAX: (714) 844-9035 12 any and all existing designations on the Documents, Testimony or Information at issue in 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 such Motion shall remain in place. The Designating Party shall have the burden on ORANGE, CA 92867 14 any Designation Motion of establishing the applicability of its “Confidential” 15 designation. In the event that the Designation Objections are neither timely agreed to 16 nor timely addressed in the Designation Motion, then such Documents, Testimony or 17 Information shall be de-designated in accordance with the Designation Objection 18 applicable to such 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 10 Exhibit A; 11 d. court reporters in this Proceeding (whether at depositions, hearings, or any other TEL: (949) 777-6032 / FAX: (714) 844-9035 12 proceeding); 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 e. any deposition, trial or hearing witness in the Proceeding who previously has had ORANGE, CA 92867 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 1 h. outside experts or expert consultants consulted by the undersigned Parties or their 2 counsel in connection with the Proceeding, whether or not retained to testify 3 at any oral hearing; provided, however, that prior to the Disclosure of Confidential 4 Materials to any such expert or expert consultant, counsel for the Party making 5 the Disclosure shall deliver a copy of this Stipulation and Protective Order to 6 such person, shall explain its terms to such person, and shall secure the signature 7 of such person on a statement in the form attached hereto as Exhibit A. It shall be 8 the obligation of counsel, upon learning of any breach or threatened breach of 9 this Stipulation and Protective Order by any such expert or expert consultant, to 10 promptly notify counsel for the Designating Party of such breach or threatened 11 breach; and TEL: (949) 777-6032 / FAX: (714) 844-9035 12 i. any other person that the Designating Party agrees to in writing. 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 8. Confidential Materials shall be used by the persons receiving them only for the ORANGE, CA 92867 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 as an admission by any person that any particular Document, 24 Testimony or Information marked “Confidential” contains or reflects trade 25 secrets, proprietary, confidential or competitively sensitive business, 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 10 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof 11 and filing the same with the Court, and serving copies of such signed and dated copy upon TEL: (949) 777-6032 / FAX: (714) 844-9035 12 the other Parties to this Stipulation and Protective Order. 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 12. Any Information that may be produced by a non-Party witness in discovery in the ORANGE, CA 92867 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. 11 15. If, after execution of this Stipulation and Protective Order, any Confidential TEL: (949) 777-6032 / FAX: (714) 844-9035 12 Materials submitted by a Designating Party under the terms of this Stipulation and 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 Protective Order is Disclosed by a non-Designating Party to any person other than in the ORANGE, CA 92867 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 any Confidential Materials, or Information derived from Confidential 23 Materials, is included in any motion or other proceeding governed by California Rules 24 of Court, Rules 2.550 and 2.551, the party shall follow those rules. With respect to 25 discovery motions or other proceedings not governed by California Rules of Court, Rules 26 2.550 and 2.551, the following shall apply: If Confidential Materials or Information 27 derived from Confidential Materials are submitted to or otherwise disclosed to the 28 Court in connection with discovery motions and proceedings, the same shall be Page 9 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 separately filed under seal with the clerk of the Court in an envelop 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. 10 20. This Stipulation and Protective Order shall continue to be binding after the 11 conclusion of this Proceeding and all subsequent proceedings arising from this TEL: (949) 777-6032 / FAX: (714) 844-9035 12 Proceeding, except that a Party may seek the written permission of the Designating Party 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 or may move the Court for relief from the provisions of this Stipulation and Protective ORANGE, CA 92867 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 10 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the 11 event that the Court enters a different Protective Order, the Parties agree to be bound by TEL: (949) 777-6032 / FAX: (714) 844-9035 12 this Stipulation and Protective Order until such time as the Court may enter such a 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 different Order. It is the Parties’ intent to be bound by the terms of this Stipulation and ORANGE, CA 92867 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: November 10, 2023 ERSKINE LAW GROUP, PC 18 19 By: ____________________ 20 MARY ARENS MCBRIDE, Esq. YOHANNES MOORE, Esq. 21 Counsel for Defendant, GENERAL MOTORS LLC 22 23 DATED: November 13, 2023 _________________ THE BARRY LAW FIRM 24 By: ____________________ 25 DAVID N. BARRY, Esq. DEBORA RABIEIAN, Esq. 26 Counsel for Plaintiffs, JAMES PAINE and 27 PATRICIA PAINE-CASANARES 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 THOMAS S. CLARK 10 JUDGE OF THE SUPERIOR COURT 11 TEL: (949) 777-6032 / FAX: (714) 844-9035 12 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 ORANGE, CA 92867 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 12 of 13 STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 EXHIBIT A 2 Certification re: Confidential Discovery Materials 3 I hereby acknowledge that I, ___________________________________________ [NAME], 4 __________________________________________________ [POSITION AND EMPLOYER], 5 am about to receive Confidential Materials supplied in connection with the Proceeding, 6 BCV-23-102304. I certify that I understand that the Confidential Materials are provided to me 7 subject to the terms and restriction of the Stipulation and Protective Order filed in this 8 Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and 9 I agree to be bound by its terms. 10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order, 11 including any notes or other records that may be made regarding any such materials, shall not be TEL: (949) 777-6032 / FAX: (714) 844-9035 12 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will 1592 N. B ATAVIA S T ., S UITE 1A ERSKINE LAW GROUP, PC 13 not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials ORANGE, CA 92867 14 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by 15 the Court in this Proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials provided to me 17 in this proceeding in a secure manner, and that all copies of such Materials are to remain in my 18 personal custody until termination of my participation in this Proceeding, whereupon the copies 19 of such Materials will be returned to counsel who provided me with such Materials. 20 I declare under penalty of perjury, under the laws of the State of California, that the 21 f