Preview
1 SPENCER P. HUGRET (SBN 240424)
shugret@grsm.com
2 JEANETTE SUAREZ (SBN: 255141)
3 jsuarez@grsm.com
ERIC SENTLINGER (SBN: 215380)
4 esentlinger@grsm.com
JEFFERY FADEFF (SBN: 111497)
5 jfadeff@grsm.com
consumerwarrantyhonda@grsm.com
6 GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
7
San Francisco, CA 94111
8 Telephone: (415) 986-5900
Facsimile: (415) 986-8054
9
Attorneys for Defendant
10 AMERICAN HONDA MOTOR CO., INC.
11
Gordon Rees Scully Mansukhani, LLP
TIONNA GRACE CARVALHO (SBN 299010)
tcarvalho@slpattorney.com
275 Battery Street, Suite 2000
12
SANAM VAZIRI (SBN 177384)
San Francisco, CA 94111
13 svaziri@slpattorney.com
HANNAH C. THEOPHIL(SBN 334178)
14 htheophil@slpattorney.com
STRATEGIC LEGAL PRACTICES
15 1888 Century Park East, 19th Floor
Los Angeles, CA 90067
16 Telephone: (310) 929-4900
Facsimile: (310) 943-3838
17
Attorneys for Plaintiff
18 LARRY BERNARD PETTIS
19
20 SUPERIOR COURT OF CALIFORNIA
21 COUNTY OF SAN MATEO
22 LARRY BERNARD PETTIS , ) Case No. 23-CIV-05372
)
23 Plaintiff, ) STIPULATION AND PROTECTIVE
) ORDER – CONFIDENTIAL
24 vs. ) DESIGNATION ONLY
)
25 AMERICAN HONDA MOTOR CO., INC.; )
and DOES 1 through 10, inclusive, ) Honorable: Michael L. Mau
26 )
Defendants. ) Complaint Filed: November 8, 2023
27 ) Trial Date:
)
28 )
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 IT IS HEREBY STIPULATED by and between Plaintiff LARRY BERNARD PETTIS
2 and Defendant AMERICAN HONDA MOTOR CO., INC. (collectively “the Parties”), by and
3 through their respective counsel of record, that in order to facilitate the exchange of information
4 and documents which may be subject to confidentiality limitations on disclosure due to federal
5 laws, state laws, and privacy rights, the Parties stipulate as follows:
6 1. In this Stipulation and Protective Order, the words set forth below shall have the
7 following meanings:
8 a. “Proceeding” means the above-entitled proceeding Larry Bernard Pettis, et al.
9 v. American Honda Motor Co., Inc., San Mateo Superior Court Case No. 23-CIV-
10 05372.
11 b. “Court” means the Hon. Michael L. Mau or any other judge to which this
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 Proceeding may be assigned, including Court staff participating in such
San Francisco, CA 94111
13 proceedings.
14 c. “Confidential” means any information which is in the possession of a Designating
15 Party who believes in good faith that such information is entitled to confidential
16 treatment under applicable law.
17 d. “Confidential Materials” means any Documents, Testimony or Information as
18 defined below designated as “Confidential” pursuant to the provisions of this
19 Stipulation and Protective Order.
20 e. “Designating Party” means the Party that designates Materials as “Confidential.”
21 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make
22 available Materials, or any part thereof, or any information contained therein.
23 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms
24 are defined by California Evidence Code Sections 250, 255, and 260, which have
25 been produced in discovery in this Proceeding by any person, and (ii) any copies,
26 reproductions, or summaries of all or any part of the foregoing
27 h. “Information” means the content of Documents or Testimony.
28 i. “Testimony” means all depositions, declarations or other testimony taken or used
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 in this Proceeding.
2 2. The Designating Party shall have the right to designate as “Confidential” any
3 Documents, Testimony or Information that the Designating Party in good faith believes to
4 contain non-public information that is entitled to confidential treatment under applicable law.
5 3. The entry of this Stipulation and Protective Order does not alter, waive, modify,
6 or abridge any right, privilege or protection otherwise available to any Party with respect to the
7 discovery of matters, including but not limited to any Party’s right to assert the attorney-client
8 privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest
9 any such assertion.
10 4. Any Documents, Testimony or Information to be designated as "Confidential"
11 must be clearly so designated before the Document, Testimony or Information is Disclosed or
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 produced. The parties may agree that the case name and number are to be part of the
San Francisco, CA 94111
13 "Confidential" designation. The "Confidential" designation should not obscure or interfere with
14 the legibility of the designated Information.
15 a. For Documents (apart from transcripts of depositions or other pretrial or trial
16 proceedings), the Designating Party must affix the legend "Confidential" on each
17 page of any Document containing such designated Confidential Material.
18 b. For Testimony given in depositions the Designating Party may either:
19 i. identify on the record, before the close of the deposition, all "Confidential"
20 Testimony, by specifying all portions of the Testimony that qualify as
21 “Confidential;” or
22 ii. Designate the entirety of the Testimony at the deposition as "Confidential"
23 (before the deposition is concluded) with the right to identify more specific portions
24 of the Testimony as to which protection is sought within 30 days following receipt
25 of the deposition transcript. In circumstances where portions of the deposition
26 Testimony are designated for protection, the transcript pages containing
27 "Confidential" Information may be separately bound by the court reporter, who must
28 affix to the top of each page the legend "Confidential," as instructed by the
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 Designating Party.
2 c. For Information produced in some form other than Documents, and for any items,
3 including, without limitation, compact discs or DVDs, the Designating Party must
4 affix in a prominent place on the exterior of the container or containers in which the
5 Information or item is stored the legend "Confidential." If only portions of the
6 Information or item warrant protection, the Designating Party, to the extent
7 practicable, shall identify the "Confidential" portions.
8 5. The inadvertent production by any of the undersigned Parties or non-Parties to the
9 Proceedings of any Document, Testimony or Information during discovery in this Proceeding
10 without a “Confidential” designation, shall be without prejudice to any claim that such item is
11 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 production. In the event that any Document, Testimony or Information that is subject to a
San Francisco, CA 94111
13 “Confidential” designation is inadvertently produced without such designation, the Party that
14 inadvertently produced the document shall give written notice of such inadvertent production
15 within twenty (20) days of discovery of the inadvertent production, together with a further copy
16 of the subject Document, Testimony or Information designated as “Confidential” (the
17 “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party
18 that received the inadvertently produced Document, Testimony or Information shall promptly
19 destroy the inadvertently produced Document, Testimony or Information and all copies thereof,
20 or, at the expense of the producing Party, return such together with all copies of such Document,
21 Testimony or Information to counsel for the producing Party and shall retain only the
22 “Confidential” designated Materials. Should the receiving Party choose to destroy such
23 inadvertently produced Document, Testimony or Information, the receiving Party shall notify
24 the producing Party in writing of such destruction within ten (10) days of receipt of written
25 notice of the inadvertent production. This provision is not intended to apply to any inadvertent
26 production of any Information protected by attorney-client or work product privileges. In the
27 event that this provision conflicts with any applicable law regarding waiver of confidentiality
28 through the inadvertent production of Documents, Testimony or Information, such law shall
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 govern.
2 6. In the event that counsel for a Party receiving Documents, Testimony or
3 Information in discovery designated as “Confidential” objects to such designation with respect
4 to any or all of such items, said counsel shall advise counsel for the Designating Party, in writing,
5 of such objections, the specific Documents, Testimony or Information to which each objection
6 pertains, and the specific reasons and support for such objections (the “Designation
7 Objections”). Counsel for the Designating Party shall have thirty (30) days from receipt of the
8 written Designation Objections to either (a) agree in writing to de-designate Documents,
9 Testimony or Information pursuant to any or all of the Designation Objections and/or (b) file a
10 motion with the Court seeking to uphold any or all designations on Documents, Testimony or
11 Information addressed by the Designation Objections (the “Designation Motion”). Pending a
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 resolution of the Designation Motion by the Court, any and all existing designations on the
San Francisco, CA 94111
13 Documents, Testimony or Information at issue in such Motion shall remain in place. The
14 Designating Party shall have the burden on any Designation Motion of establishing the
15 applicability of its “Confidential” designation. In the event that the Designation Objections are
16 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents,
17 Testimony or 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
20 “Confidential” shall 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
2 terms;
3 c. Those officers, directors, partners, members, employees and agents of all non-
4 designating Parties that counsel for such Parties deems necessary to aid counsel
5 in the prosecution and defense of this Proceeding; provided, however, that prior
6 to the Disclosure of Confidential Materials to any such officer, director, partner,
7 member, employee or agent, counsel for the Party making the Disclosure shall
8 deliver a copy of this Stipulation and Protective Order to such person, shall
9 explain that such person is bound to follow the terms of such Order, and shall
10 secure the signature of such person on a statement in the form attached hereto as
11 Exhibit A;
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 d. Court reporters in this Proceeding (whether at depositions, hearings, or any other
San Francisco, CA 94111
13 proceeding);
14 e. Any deposition, trial or hearing witness in the Proceeding who previously has had
15 access to the Confidential Materials, or who is currently or was previously an
16 officer, director, partner, member, employee or agent of an entity that has had
17 access to the Confidential Materials;
18 f. Any deposition or non-trial hearing witness in the Proceeding who previously did
19 not have access to the Confidential Materials; provided, however, that each such
20 witness given access to Confidential Materials shall be advised that such
21 Materials are being Disclosed pursuant to, and are subject to, the terms of this
22 Stipulation and Protective Order and that they may not be Disclosed other than
23 pursuant to its terms;
24 g. Mock jury participants, provided, however, that prior to the Disclosure of
25 Confidential Materials to any such mock jury participant, counsel for the Party
26 making the Disclosure shall deliver a copy of this Stipulation and Protective
27 Order to such person, shall explain that such person is bound to follow the terms
28 of such Order, and shall secure the signature of such person on a statement in the
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 form attached hereto as Exhibit A.
2 h. Outside experts or expert consultants consulted by the undersigned Parties or their
3 counsel in connection with the Proceeding, whether or not retained to testify at
4 any oral hearing; provided, however, that prior to the Disclosure of Confidential
5 Materials to any such expert or expert consultant, counsel for the Party making
6 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such
7 person, shall explain its terms to such person, and shall secure the signature of
8 such person on a statement in the form attached hereto as Exhibit A. It shall be
9 the obligation of counsel, upon learning of any breach or threatened breach of this
10 Stipulation and Protective Order by any such expert or expert consultant, to
11 promptly notify counsel for the Designating Party of such breach or threatened
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 breach; and
San Francisco, CA 94111
13 i. Any other person that the Designating Party agrees to in writing.
14 8. Confidential Materials shall be used by the persons receiving them only for the
15 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or
16 defending the Proceeding, and not for any business or other purpose whatsoever.
17 9. Any Party to the Proceeding (or other person subject to the terms of this
18 Stipulation and 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 Protective
20 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, Testimony
24 or Information marked “Confidential” contains or reflects trade secrets,
25 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
28 terms 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 Confidential
2 Material should be subject to protection as “Confidential” under the terms of this
3 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 Order, either
6 generally or as to any particular Document, Material or Information.
7 11. Any Party to the Proceeding who has not executed this Stipulation and Protective
8 Order as of the time it is presented to the Court for signature may thereafter become a Party to
9 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing
10 the same with the Court, and serving copies of such signed and dated copy upon the other Parties
11 to this Stipulation and Protective Order.
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 12. Any Information that may be produced by a non-Party witness in discovery in the
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13 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
14 “Confidential” under the terms of this Stipulation and Protective Order, and any such
15 designation by a non-Party shall have the same force and effect, and create the same duties and
16 obligations, as if made by one of the undersigned Parties hereto. Any such designation shall also
17 function as a consent by such producing Party to the authority of the Court in the Proceeding to
18 resolve and conclusively determine any motion or other application made by any person or Party
19 with respect to such designation, or any other matter otherwise arising under this Stipulation and
20 Protective Order.
21 13. If any person subject to this Stipulation and Protective Order who has custody of
22 any Confidential Materials receives a subpoena or other process (“Subpoena”) from any
23 government or other person or entity demanding production of Confidential Materials, the
24 recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission,
25 followed by either express mail or overnight delivery to counsel of record for the Designating
26 Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice,
27 the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the
28 Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 confidential treatment of such Confidential Materials from the subpoenaing person or entity to
2 the fullest extent available under law. The recipient of the Subpoena may not produce any
3 Documents, Testimony or Information pursuant to the Subpoena prior to the date specified for
4 production on the Subpoena.
5 14. Nothing in this Stipulation and Protective Order shall be construed to preclude
6 either Party from asserting in good faith that certain Confidential Materials require additional
7 protection. The Parties shall meet and confer to agree upon the terms of such additional
8 protection.
9 15. If, after execution of this Stipulation and Protective Order, any Confidential
10 Materials submitted by a Designating Party under the terms of this Stipulation and Protective
11 Order is Disclosed by a non-Designating Party to any person other than in the manner authorized
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 by this Stipulation and Protective Order, the non-Designating Party responsible for the
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13 Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential Materials
14 to the immediate attention of the Designating Party.
15 16. This Stipulation and Protective Order is entered into without prejudice to the right
16 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
17 Confidential Materials designated by that Party. If the Designating Party uses Confidential
18 Materials in a non-Confidential manner, then the Designating Party shall advise that the
19 designation no longer applies.
20 17. Where any Confidential Materials, or Information derived from Confidential
21 Materials, is included in any motion or other proceeding governed by California Rules of Court,
22 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or
23 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the
24 following shall apply: If Confidential Materials or Information derived from Confidential
25 Materials are submitted to or otherwise disclosed to the Court in connection with discovery
26 motions and proceedings, the same shall be separately filed under seal with the clerk of the Court
27 in an envelope marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO
28 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.”
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 18. The Parties shall meet and confer regarding the procedures for use of Confidential
2 Materials at trial and shall move the Court for entry of an appropriate order.
3 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
4 evidence of Confidential Materials or abridge the rights of any person to seek judicial review or
5 to pursue other appropriate judicial action with respect to any ruling made by the Court
6 concerning the issue of the status of Protected Material.
7 20. This Stipulation and Protective Order shall continue to be binding after the
8 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding,
9 except that a Party may seek the written permission of the Designating Party or may move the
10 Court for relief from the provisions of this Stipulation and Protective Order. To the extent
11 permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 Stipulation and Protective Order, even after the Proceeding is terminated.
San Francisco, CA 94111
13 21. Upon written request made within thirty (30) days after the settlement or other
14 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
15 promptly return to counsel for each Designating Party all Confidential Materials and all copies
16 thereof (except that counsel for each Party may maintain in its files, in continuing compliance
17 with the terms of this Stipulation and Protective Order, all work product, and one copy of each
18 pleading filed with the Court [and one copy of each deposition together with the exhibits marked
19 at the deposition), (b) agree with counsel for the Designating Party upon appropriate methods
20 and certification of destruction or other disposition of such Confidential Materials, or (c) as to
21 any Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b),
22 file a motion seeking a Court order regarding proper preservation of such Materials. To the
23 extent permitted by law the Court shall retain continuing jurisdiction to review and rule upon
24 the motion referred to in sub-paragraph (c) herein.
25 22. After this Stipulation and Protective Order has been signed by counsel for all
26 Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set
27 forth herein with regard to any Confidential Materials that have been produced before the Court
28 signs this Stipulation and Protective Order.
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 23. The Parties and all signatories to the Certification attached hereto as Exhibit A
2 agree to be bound by this Stipulation and Protective Order pending its approval and entry by the
3 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event
4 that the Court enters a different Protective Order, the Parties agree to be bound by this
5 Stipulation and Protective Order until such time as the Court may enter such a different Order.
6 It is the Parties’ intent to be bound by the terms of this Stipulation and Protective Order pending
7 its entry so as to allow for immediate production of Confidential Materials under the terms
8 herein.
9 This Stipulation and Protective Order may be executed in counterparts.
10
11 Dated: March 5, 2024 GORDON REES SCULLY MANSUKHANI, LLP
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12
San Francisco, CA 94111
By:
13 Spencer P. Hugret
Jeanette Suarez
14 Jeffrey Fadeff
Attorneys for Defendant
15 AMERICAN HONDA MOTOR CO.
INC.
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Dated: April 11, 2024 STRATEGIC LEGAL PRACTICES
19
20 By:
Tionna Carvalho
21 Sanam Vaziri
Hannah C. Theophil
22 Attorneys for Plaintiff
LARRY BERNARD PETTIS
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 ORDER
2
3 GOOD CAUSE APPEARING, the Court hereby approved this Stipulation and Protective
4 Order.
5 IT IS SO ORDERED.
6
DATE: _________________________ _______________________________________
7 Honorable Michael L. Mau
8 JUDGE OF THE SUPERIOR COURT
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Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
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San Francisco, CA 94111
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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], am about to receive Confidential Materials supplied in
5
connection with the Proceeding, (San Mateo County Superior Court, Court Case No. 23-CIV-
6
05372). I certify that I understand that the Confidential Materials are provided to me subject to
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the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have
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been given a copy of the Stipulation and Protective Order; I have read it, and
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I agree to be bound by its terms.
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I understand that Confidential Materials, as defined in the Stipulation and Protective Order,
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Gordon Rees Scully Mansukhani, LLP
including any notes or other records that may be made regarding any such materials, shall not be
275 Battery Street, Suite 2000
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Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will
San Francisco, CA 94111
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not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials
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obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the
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Court in the Proceeding.
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I further understand that I am to retain all copies of all Confidential Materials provided to
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me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my
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personal custody until termination of my participation in this Proceeding, whereupon the copies
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of such Materials will be returned to counsel who provided me with such Materials.
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I declare under penalty of perjury, under the laws of the State of California, that the
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forgoing is true and correct Executed this _____ day of ______________________, at
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___________________________________
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY
1 DATE: BY: ___________________________________
SIGNATURE
2 ___________________________________
TITLE
3 ___________________________________
ADDRESS
4 ____________________________________
CITY, STATE, ZIP
5 ____________________________________
TELEPHONE NUMBER
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275 Battery Street, Suite 2000
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San Francisco, CA 94111
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Preview
1 SPENCER P. HUGRET (SBN 240424) shugret@grsm.com 2 JEANETTE SUAREZ (SBN: 255141) 3 jsuarez@grsm.com ERIC SENTLINGER (SBN: 215380) 4 esentlinger@grsm.com JEFFERY FADEFF (SBN: 111497) 5 jfadeff@grsm.com consumerwarrantyhonda@grsm.com 6 GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 7 San Francisco, CA 94111 8 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 9 Attorneys for Defendant 10 AMERICAN HONDA MOTOR CO., INC. 11 Gordon Rees Scully Mansukhani, LLP TIONNA GRACE CARVALHO (SBN 299010) tcarvalho@slpattorney.com 275 Battery Street, Suite 2000 12 SANAM VAZIRI (SBN 177384) San Francisco, CA 94111 13 svaziri@slpattorney.com HANNAH C. THEOPHIL(SBN 334178) 14 htheophil@slpattorney.com STRATEGIC LEGAL PRACTICES 15 1888 Century Park East, 19th Floor Los Angeles, CA 90067 16 Telephone: (310) 929-4900 Facsimile: (310) 943-3838 17 Attorneys for Plaintiff 18 LARRY BERNARD PETTIS 19 20 SUPERIOR COURT OF CALIFORNIA 21 COUNTY OF SAN MATEO 22 LARRY BERNARD PETTIS , ) Case No. 23-CIV-05372 ) 23 Plaintiff, ) STIPULATION AND PROTECTIVE ) ORDER – CONFIDENTIAL 24 vs. ) DESIGNATION ONLY ) 25 AMERICAN HONDA MOTOR CO., INC.; ) and DOES 1 through 10, inclusive, ) Honorable: Michael L. Mau 26 ) Defendants. ) Complaint Filed: November 8, 2023 27 ) Trial Date: ) 28 ) -1- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 IT IS HEREBY STIPULATED by and between Plaintiff LARRY BERNARD PETTIS 2 and Defendant AMERICAN HONDA MOTOR CO., INC. (collectively “the Parties”), by and 3 through their respective counsel of record, that in order to facilitate the exchange of information 4 and documents which may be subject to confidentiality limitations on disclosure due to federal 5 laws, state laws, and privacy rights, the Parties stipulate as follows: 6 1. In this Stipulation and Protective Order, the words set forth below shall have the 7 following meanings: 8 a. “Proceeding” means the above-entitled proceeding Larry Bernard Pettis, et al. 9 v. American Honda Motor Co., Inc., San Mateo Superior Court Case No. 23-CIV- 10 05372. 11 b. “Court” means the Hon. Michael L. Mau or any other judge to which this Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 Proceeding may be assigned, including Court staff participating in such San Francisco, CA 94111 13 proceedings. 14 c. “Confidential” means any information which is in the possession of a Designating 15 Party who believes in good faith that such information is entitled to confidential 16 treatment under applicable law. 17 d. “Confidential Materials” means any Documents, Testimony or Information as 18 defined below designated as “Confidential” pursuant to the provisions of this 19 Stipulation and Protective Order. 20 e. “Designating Party” means the Party that designates Materials as “Confidential.” 21 f. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make 22 available Materials, or any part thereof, or any information contained therein. 23 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms 24 are defined by California Evidence Code Sections 250, 255, and 260, which have 25 been produced in discovery in this Proceeding by any person, and (ii) any copies, 26 reproductions, or summaries of all or any part of the foregoing 27 h. “Information” means the content of Documents or Testimony. 28 i. “Testimony” means all depositions, declarations or other testimony taken or used -2- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 in this Proceeding. 2 2. The Designating Party shall have the right to designate as “Confidential” any 3 Documents, Testimony or Information that the Designating Party in good faith believes to 4 contain non-public information that is entitled to confidential treatment under applicable law. 5 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, 6 or abridge any right, privilege or protection otherwise available to any Party with respect to the 7 discovery of matters, including but not limited to any Party’s right to assert the attorney-client 8 privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest 9 any such assertion. 10 4. Any Documents, Testimony or Information to be designated as "Confidential" 11 must be clearly so designated before the Document, Testimony or Information is Disclosed or Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 produced. The parties may agree that the case name and number are to be part of the San Francisco, CA 94111 13 "Confidential" designation. The "Confidential" designation should not obscure or interfere with 14 the legibility of the designated Information. 15 a. For Documents (apart from transcripts of depositions or other pretrial or trial 16 proceedings), the Designating Party must affix the legend "Confidential" on each 17 page of any Document containing such designated Confidential Material. 18 b. For Testimony given in depositions the Designating Party may either: 19 i. identify on the record, before the close of the deposition, all "Confidential" 20 Testimony, by specifying all portions of the Testimony that qualify as 21 “Confidential;” or 22 ii. Designate the entirety of the Testimony at the deposition as "Confidential" 23 (before the deposition is concluded) with the right to identify more specific portions 24 of the Testimony as to which protection is sought within 30 days following receipt 25 of the deposition transcript. In circumstances where portions of the deposition 26 Testimony are designated for protection, the transcript pages containing 27 "Confidential" Information may be separately bound by the court reporter, who must 28 affix to the top of each page the legend "Confidential," as instructed by the -3- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 Designating Party. 2 c. For Information produced in some form other than Documents, and for any items, 3 including, without limitation, compact discs or DVDs, the Designating Party must 4 affix in a prominent place on the exterior of the container or containers in which the 5 Information or item is stored the legend "Confidential." If only portions of the 6 Information or item warrant protection, the Designating Party, to the extent 7 practicable, shall identify the "Confidential" portions. 8 5. The inadvertent production by any of the undersigned Parties or non-Parties to the 9 Proceedings of any Document, Testimony or Information during discovery in this Proceeding 10 without a “Confidential” designation, shall be without prejudice to any claim that such item is 11 “Confidential” and such Party shall not be held to have waived any rights by such inadvertent Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 production. In the event that any Document, Testimony or Information that is subject to a San Francisco, CA 94111 13 “Confidential” designation is inadvertently produced without such designation, the Party that 14 inadvertently produced the document shall give written notice of such inadvertent production 15 within twenty (20) days of discovery of the inadvertent production, together with a further copy 16 of the subject Document, Testimony or Information designated as “Confidential” (the 17 “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party 18 that received the inadvertently produced Document, Testimony or Information shall promptly 19 destroy the inadvertently produced Document, Testimony or Information and all copies thereof, 20 or, at the expense of the producing Party, return such together with all copies of such Document, 21 Testimony or Information to counsel for the producing Party and shall retain only the 22 “Confidential” designated Materials. Should the receiving Party choose to destroy such 23 inadvertently produced Document, Testimony or Information, the receiving Party shall notify 24 the producing Party in writing of such destruction within ten (10) days of receipt of written 25 notice of the inadvertent production. This provision is not intended to apply to any inadvertent 26 production of any Information protected by attorney-client or work product privileges. In the 27 event that this provision conflicts with any applicable law regarding waiver of confidentiality 28 through the inadvertent production of Documents, Testimony or Information, such law shall -4- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 govern. 2 6. In the event that counsel for a Party receiving Documents, Testimony or 3 Information in discovery designated as “Confidential” objects to such designation with respect 4 to any or all of such items, said counsel shall advise counsel for the Designating Party, in writing, 5 of such objections, the specific Documents, Testimony or Information to which each objection 6 pertains, and the specific reasons and support for such objections (the “Designation 7 Objections”). Counsel for the Designating Party shall have thirty (30) days from receipt of the 8 written Designation Objections to either (a) agree in writing to de-designate Documents, 9 Testimony or Information pursuant to any or all of the Designation Objections and/or (b) file a 10 motion with the Court seeking to uphold any or all designations on Documents, Testimony or 11 Information addressed by the Designation Objections (the “Designation Motion”). Pending a Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 resolution of the Designation Motion by the Court, any and all existing designations on the San Francisco, CA 94111 13 Documents, Testimony or Information at issue in such Motion shall remain in place. The 14 Designating Party shall have the burden on any Designation Motion of establishing the 15 applicability of its “Confidential” designation. In the event that the Designation Objections are 16 neither timely agreed to nor timely addressed in the Designation Motion, then such Documents, 17 Testimony or 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 20 “Confidential” shall 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 -5- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 Protective Order and that they may not be Disclosed other than pursuant to its 2 terms; 3 c. Those officers, directors, partners, members, employees and agents of all non- 4 designating Parties that counsel for such Parties deems necessary to aid counsel 5 in the prosecution and defense of this Proceeding; provided, however, that prior 6 to the Disclosure of Confidential Materials to any such officer, director, partner, 7 member, employee or agent, counsel for the Party making the Disclosure shall 8 deliver a copy of this Stipulation and Protective Order to such person, shall 9 explain that such person is bound to follow the terms of such Order, and shall 10 secure the signature of such person on a statement in the form attached hereto as 11 Exhibit A; Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 d. Court reporters in this Proceeding (whether at depositions, hearings, or any other San Francisco, CA 94111 13 proceeding); 14 e. Any deposition, trial or hearing witness in the Proceeding who previously has had 15 access to the Confidential Materials, or who is currently or was previously an 16 officer, director, partner, member, employee or agent of an entity that has had 17 access to the Confidential Materials; 18 f. Any deposition or non-trial hearing witness in the Proceeding who previously did 19 not have access to the Confidential Materials; provided, however, that each such 20 witness given access to Confidential Materials shall be advised that such 21 Materials are being Disclosed pursuant to, and are subject to, the terms of this 22 Stipulation and Protective Order and that they may not be Disclosed other than 23 pursuant to its terms; 24 g. Mock jury participants, provided, however, that prior to the Disclosure of 25 Confidential Materials to any such mock jury participant, counsel for the Party 26 making the Disclosure shall deliver a copy of this Stipulation and Protective 27 Order to such person, shall explain that such person is bound to follow the terms 28 of such Order, and shall secure the signature of such person on a statement in the -6- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 form attached hereto as Exhibit A. 2 h. Outside experts or expert consultants consulted by the undersigned Parties or their 3 counsel in connection with the Proceeding, whether or not retained to testify at 4 any oral hearing; provided, however, that prior to the Disclosure of Confidential 5 Materials to any such expert or expert consultant, counsel for the Party making 6 the Disclosure shall deliver a copy of this Stipulation and Protective Order to such 7 person, shall explain its terms to such person, and shall secure the signature of 8 such person on a statement in the form attached hereto as Exhibit A. It shall be 9 the obligation of counsel, upon learning of any breach or threatened breach of this 10 Stipulation and Protective Order by any such expert or expert consultant, to 11 promptly notify counsel for the Designating Party of such breach or threatened Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 breach; and San Francisco, CA 94111 13 i. Any other person that the Designating Party agrees to in writing. 14 8. Confidential Materials shall be used by the persons receiving them only for the 15 purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or 16 defending the Proceeding, and not for any business or other purpose whatsoever. 17 9. Any Party to the Proceeding (or other person subject to the terms of this 18 Stipulation and 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 Protective 20 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, Testimony 24 or Information marked “Confidential” contains or reflects trade secrets, 25 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 28 terms of this Stipulation and Protective Order): -7- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 i. to seek a determination by the Court of whether any particular Confidential 2 Material should be subject to protection as “Confidential” under the terms of this 3 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 Order, either 6 generally or as to any particular Document, Material or Information. 7 11. Any Party to the Proceeding who has not executed this Stipulation and Protective 8 Order as of the time it is presented to the Court for signature may thereafter become a Party to 9 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing 10 the same with the Court, and serving copies of such signed and dated copy upon the other Parties 11 to this Stipulation and Protective Order. Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 12. Any Information that may be produced by a non-Party witness in discovery in the San Francisco, CA 94111 13 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 14 “Confidential” under the terms of this Stipulation and Protective Order, and any such 15 designation by a non-Party shall have the same force and effect, and create the same duties and 16 obligations, as if made by one of the undersigned Parties hereto. Any such designation shall also 17 function as a consent by such producing Party to the authority of the Court in the Proceeding to 18 resolve and conclusively determine any motion or other application made by any person or Party 19 with respect to such designation, or any other matter otherwise arising under this Stipulation and 20 Protective Order. 21 13. If any person subject to this Stipulation and Protective Order who has custody of 22 any Confidential Materials receives a subpoena or other process (“Subpoena”) from any 23 government or other person or entity demanding production of Confidential Materials, the 24 recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, 25 followed by either express mail or overnight delivery to counsel of record for the Designating 26 Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, 27 the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the 28 Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain -8- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 confidential treatment of such Confidential Materials from the subpoenaing person or entity to 2 the fullest extent available under law. The recipient of the Subpoena may not produce any 3 Documents, Testimony or Information pursuant to the Subpoena prior to the date specified for 4 production on the Subpoena. 5 14. Nothing in this Stipulation and Protective Order shall be construed to preclude 6 either Party from asserting in good faith that certain Confidential Materials require additional 7 protection. The Parties shall meet and confer to agree upon the terms of such additional 8 protection. 9 15. If, after execution of this Stipulation and Protective Order, any Confidential 10 Materials submitted by a Designating Party under the terms of this Stipulation and Protective 11 Order is Disclosed by a non-Designating Party to any person other than in the manner authorized Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 by this Stipulation and Protective Order, the non-Designating Party responsible for the San Francisco, CA 94111 13 Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential Materials 14 to the immediate attention of the Designating Party. 15 16. This Stipulation and Protective Order is entered into without prejudice to the right 16 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 17 Confidential Materials designated by that Party. If the Designating Party uses Confidential 18 Materials in a non-Confidential manner, then the Designating Party shall advise that the 19 designation no longer applies. 20 17. Where any Confidential Materials, or Information derived from Confidential 21 Materials, is included in any motion or other proceeding governed by California Rules of Court, 22 Rules 2.550 and 2.551, the party shall follow those rules. With respect to discovery motions or 23 other proceedings not governed by California Rules of Court, Rules 2.550 and 2.551, the 24 following shall apply: If Confidential Materials or Information derived from Confidential 25 Materials are submitted to or otherwise disclosed to the Court in connection with discovery 26 motions and proceedings, the same shall be separately filed under seal with the clerk of the Court 27 in an envelope marked: “CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO 28 PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” -9- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 18. The Parties shall meet and confer regarding the procedures for use of Confidential 2 Materials at trial and shall move the Court for entry of an appropriate order. 3 19. Nothing in this Stipulation and Protective Order shall affect the admissibility into 4 evidence of Confidential Materials or abridge the rights of any person to seek judicial review or 5 to pursue other appropriate judicial action with respect to any ruling made by the Court 6 concerning the issue of the status of Protected Material. 7 20. This Stipulation and Protective Order shall continue to be binding after the 8 conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, 9 except that a Party may seek the written permission of the Designating Party or may move the 10 Court for relief from the provisions of this Stipulation and Protective Order. To the extent 11 permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 Stipulation and Protective Order, even after the Proceeding is terminated. San Francisco, CA 94111 13 21. Upon written request made within thirty (30) days after the settlement or other 14 termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 15 promptly return to counsel for each Designating Party all Confidential Materials and all copies 16 thereof (except that counsel for each Party may maintain in its files, in continuing compliance 17 with the terms of this Stipulation and Protective Order, all work product, and one copy of each 18 pleading filed with the Court [and one copy of each deposition together with the exhibits marked 19 at the deposition), (b) agree with counsel for the Designating Party upon appropriate methods 20 and certification of destruction or other disposition of such Confidential Materials, or (c) as to 21 any Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), 22 file a motion seeking a Court order regarding proper preservation of such Materials. To the 23 extent permitted by law the Court shall retain continuing jurisdiction to review and rule upon 24 the motion referred to in sub-paragraph (c) herein. 25 22. After this Stipulation and Protective Order has been signed by counsel for all 26 Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set 27 forth herein with regard to any Confidential Materials that have been produced before the Court 28 signs this Stipulation and Protective Order. -10- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 23. The Parties and all signatories to the Certification attached hereto as Exhibit A 2 agree to be bound by this Stipulation and Protective Order pending its approval and entry by the 3 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event 4 that the Court enters a different Protective Order, the Parties agree to be bound by this 5 Stipulation and Protective Order until such time as the Court may enter such a different Order. 6 It is the Parties’ intent to be bound by the terms of this Stipulation and Protective Order pending 7 its entry so as to allow for immediate production of Confidential Materials under the terms 8 herein. 9 This Stipulation and Protective Order may be executed in counterparts. 10 11 Dated: March 5, 2024 GORDON REES SCULLY MANSUKHANI, LLP Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 San Francisco, CA 94111 By: 13 Spencer P. Hugret Jeanette Suarez 14 Jeffrey Fadeff Attorneys for Defendant 15 AMERICAN HONDA MOTOR CO. INC. 16 17 18 Dated: April 11, 2024 STRATEGIC LEGAL PRACTICES 19 20 By: Tionna Carvalho 21 Sanam Vaziri Hannah C. Theophil 22 Attorneys for Plaintiff LARRY BERNARD PETTIS 23 24 25 26 27 28 -11- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 ORDER 2 3 GOOD CAUSE APPEARING, the Court hereby approved this Stipulation and Protective 4 Order. 5 IT IS SO ORDERED. 6 DATE: _________________________ _______________________________________ 7 Honorable Michael L. Mau 8 JUDGE OF THE SUPERIOR COURT 9 10 11 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 San Francisco, CA 94111 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- 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], am about to receive Confidential Materials supplied in 5 connection with the Proceeding, (San Mateo County Superior Court, Court Case No. 23-CIV- 6 05372). I certify that I understand that the Confidential Materials are provided to me subject to 7 the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have 8 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 Gordon Rees Scully Mansukhani, LLP including any notes or other records that may be made regarding any such materials, shall not be 275 Battery Street, Suite 2000 12 Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will San Francisco, CA 94111 13 not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials 14 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the 15 Court in the Proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials provided to 17 me in the 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 forgoing is true and correct Executed this _____ day of ______________________, at 22 ___________________________________ 23 24 25 26 27 28 -13- STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATION ONLY 1 DATE: BY: ___________________________________ SIGNATURE 2 ___________________________________ TITLE 3 ___________________________________ ADDRESS 4 ____________________________________ CITY, STATE, ZIP 5 ____________________________________ TELEPHONE NUMBER 6 7 8 9 10 11 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 San Francisco, CA 94111 13 14 15 16 17 18 19