Preview
1 JESSICA RIGGIN (SBN 281712)
2 jriggin@rukinhyland. com
VALERIE BRENDER (SBN 298224)
3 vbrender@rukinhyland. com
RUKIN HYLAND & RIGGIN LLP
1939 Harrison Street, Suite 290
Oakland, CA 94612
Telephone: (415) 421-1800
Facsimile: (41 5) 421-1700
MATTHEW C. HELLAND (SBN 25045 l)
helland@nka.com
DANIEL BROME (SBN 278915)
dbrome@nka.com
NICHOLS KASTER, LLP
235 Montgomery Street, Suite 810
10 San Francisco, CA 94104
Telephone: (415) 277—7235
11 Facsimile: (415) 277-7238
12 Attorneys for Plaintiff
13 (Additional Counsel on next page)
14
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
1 5
COUNTY OF SAN MATEO
16
17 ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV—04267
GONZALEZ, and JAIME AMAYA
18 STIPULATION AND PROTECTIVE
Plaintiffs, on behalf of themselves ORDER REGARDING CONFIDENTIAL
1 9
and all others similarly situated, INFORMATION . _
20
(Slngle Level of Condentlality)
v.
21
22
VANGUARD CLEANING SYSTEMS,
1N0; RR FRANCHISING, INC, D/B/A
23 VANGUARD CLEANING SYSTEMS
0F SOUTHERN CALIFORNIA AND
24 D/B/A VANGUARD CLEANING
SYSTEMS 0F NORTHERN
CALIFORNIA; BUDDHA CAPITAL
CORPORATION, D/B/A VANGUARD
CLEANING SYSTEMS OF
SACRAMENTO, D/B/A VANGUARD
CLEANING SYSTEMS OE THE
28 CENTRAL VALLEY, AND D/B/A
STIPULATED PROTECTIVE ORDER
4846-8632-0096I 1031 16.1002
EL???ES PH iii???
VANGUARD CLEANING SYSTEMS
OF THE CENTRAL COAST; AND
WINE COUNTRY VENTURES, INC.
D/B/A VANGUARD CLEANING
SYSTEMS OF THE NORTH BAY,
AND DOES 1 TPROUGH 10,
INCLUSIVE,
Defendants.
STIPULATED PROTECTIVE ORDER
4846-8632—0096] 1031 16.1002
DAMON M. OTT, Bar No. 215392
dott@1ittler.com
PHILIP B. BALDWIN, Bar No. 307920
pbaldwin@littler.com
"LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
Telephone: 415.433.1940
Fax No.: 415.399.8490
Attorneys for Defendant
Vanguard Cleaning Systems, Inc.
10 Fraser A. McAIpine (State Bar No.248554)
JACKSON LEWIS P.C.
11 50 California Street, 9th Floor
San Francisco, California 941 1 1-4615
12
Telephone: 415) 394-9400
Facsimile: (415) 394—9401
13
E-mail: Fraser.McAlpine@jacksonlewiscom
14
Attorneys for Defendants RR Franchising, Inc.,
15 Wine Country Ventures, Inc.,
and Buddha Capital Corporation
16
17
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 1031 16.1002
In order to protect condential information obtained by the parties in connection with this
case, the parties, by and through their respective undersigned counsel and subject to the approval
of the Court, hereby agree as follows:
Part One: Use Of Condential Materials In Discovery
1. Any party or non-party may designate as “Condential Information” (by stamping the
relevant page or as otherwise set forth herein) any document or response to discovery which that
party or non-party considers in good faith to contain information involving trade secrets, or
condential business or nancial information, including personal nancial information about
any party to this lawsuit, putative class members or employee of any party to this lawsuit,
information regarding any individual’s banking relationship with any banking institution,
including_information regarding the individual’s nancial transactions or nancial accounts, and
any information regarding any party not otherwise available to the public, subject to protection
under Rules 2.550, 2.551, 2.580, 2.585, 8.160, and 8.490 ofthe California Rules of Court or
under other provisions of California law. Where a document or response consists of more than
one page, the rst page and each page on which condential information appears shall be so
designated.
2. A party or non-party may designate information disclosed during a deposition or in
response to written discovery as “Condential” by so indicating in said responses or on the
record at the deposition and requesting the preparation of a separate transcript of such material.
In addition, a party or non-party may designate in writing, within thirty (30) days after receipt of
said responses or of the deposition transcript for which the designation is proposed, that specic
pages of the transcript and/or specic responses be treated as “Condential Information.” Any
other party may obj ect to such proposal, in writing or on the record. Upon such obj ection, the
parties shall follow the procedures described in Paragraph 8 below. After any designation made
according to the procedure set forth in this paragraph, the designated documents or information
shall be treated according to the designation until the matter is resolved according to the
procedures described in Paragraph 8 below, and counsel for all parties shall be responsible for
marking all previously unmarked copies of the designated material in their possession or control
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 1031 16.1002
with the specied designation. A party that makes original documents or materials available for
inspection need not designate them as Condential Information until after the inspecting party
has indicated which materials it would like copied and produced. During the inspection and
before the designation and copying, all of the material made available for inspection shall be
considered Condential Information.
3. All Condential Information produced or exchanged in the course of this case (not
including information that is publicly available) shall be used by the party or parties to whom the
information is produced solely for the purpose of this case. Condential Information shall not be
used for any commercial competitive, personal, or other purpose.
4. Except with the prior written consent of the other parties, 0r upon prior order of this
Court obtained upon notice to opposing counsel, Condential Information shall not be disclosed
to any person other than:
(a) counsel for the respective partiesto this litigation, including in-house counsel
and co-counsel retained for this litigation;
(b) employees of such counsel;
(c) individual parties or ofcers or employees of a party, to the extent deemed
necessary by counsel for the prosecution or defense of this litigation;
(d) consultants or expert witnesses retained for the prosecution or defense of this
litigation, provided that each such person shall execute a copy of the Certication
annexed to this Order (which shall be retained by counsel to the party so
disclosing the Condential Information and made available for inspection by
opposing counsel during the pendency or after the termination of the action only
upon good cause shown and upon order of the Court) before being shown or given
any Condential Information, and provided that if the party chooses a consultant
or expert employed by the defendant or one of its competitors, the party shall
notify the opposing party, or designating non-party, before disclosing any
Condential Information to that individual and shall give the opposing party an
opportunity to move for a protective order preventing or limiting such disclosure;
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1
1031 16.1002
(e) any authors or recipients of the Condential Information;
(f) the Court, court personnel, and court reporters; and
(g) Witnesses (other than persons described in Paragraph 4(6)). A witness shall
Sign the Certication before being shown a condential document. Condential
Information may be disclosed to a Witness who will not sign the Certication only
in a deposition at which the party who designated the Condential Information is
represented or has been given notice that Condential Information produced by
the party may be used. At the request of any party, the portion of the deposition
transcript involving the Condential Information shall be designated
10 “Condential” pursuant to Paragraph 2 above. Witnesses shown Condential
11 Information shall not be allowed to retain copies.
12 5. Any persons receiving Condential Information shall not reveal or discuss such
13 information to or with any person who is not entitled to receive such information, except as set
14 forth herein. If a party or any of its representatives, including counsel, inadvertently discloses
15 any Condential Information to persons who are not authorized to use or possess such material,
16 the party shall provide immediate written notice of the disclosure to the party whose material
17 was inadvertently disclosed. If a party has actual knowledge that Condential Information is
18 being used or possessed by a person not authorized to use or possess that material, regardless of
19 how the material was disclosed or obtained by such person, the party shall provide immediate
20 written notice of the unauthorized use or possession to the party whose material is being used or
21 possessed. No party shall have an afrmative obligation to inform itself regarding such possible
22 use or possession.
23 6. In connection with discovery proceedings as to which a party submits Condential
24 Information, all documents and chamber copies containing Condential Information which are
25 submitted to the Court shall be led with the Court in sealed envelopes or other appropriate
26 sealed containers. On the outside of the envelopes, a copy of the rst page of the document shall
27 be attached. If Condential Information is included in the rst page attached to the outside of the
28 envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 1031 16.1002
stamped on the envelope and a statement substantially in the following form shall also be printed
on the envelope:
“This envelope is sealed pursuant to Order of the Court, contains Condential
Information and is not to be opened or the contents revealed, except by Order of
the Court or agreement by the parties.”
If another court or administrative agency subpoenas or orders production of Condential
Information, such party shall promptly notify counsel for the party who produced the material of
the pendency of such subpoena or order and shall furnish counsel with a copy of said subpoena
or order.
7.A party may designate as “Condential Information” documents or discovery materials
produced by a non-party by providing written notice to all parties of the relevant document
numbers or other identication within thirty (3 0) days after receiving such documents or
discovery materials. Any party or non—party may voluntarily disclose to others without restriction
any information designated by that party or non-party as Condential Information, although a
document may lose its condential status if it is made public. If a party produces materials
designated Condential Information in compliance with this Order, that production shall be
deemed to have been made consistent with any condentiality or privacy requirements mandated
by local, state or federal laws.
8.If a party contends that any material is not entitled to condential treatment, such party
may at any time give written notice to the party or non-party who designated the material, which
milst be supported with the specic reasons and support for such contentions. The party or non-
party who designated the material shall have thirty (30) days from the receipt of such written
notice to apply to the Court for an order designating the material as condential. The party or
non—party seeking the order has the burden of establishing that the document is entitled to
protection.
9. Notwithstanding any challenge to the designation of material as Condential
Information, all documents shall be treated as such and shall be subject to the provisions hereof
unless and until one of the following occurs:
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 1031 16.1002
/
(a) the party or non-party who claims that the material is Condential Information
withdraws such designation in writing; or
(b) the party or non-party who claims that the material is Condential Information
fails to apply to the Court for an order designating the material condential within
the time period specied above after receipt of a written challenge to such
designation; or
(c) the Court rules the material is not Condential Information.
10. All provisions of this Order restricting the communication or use of Condential
Information shall continue to be binding after the conclusion of this action, unless otherwise
10 agreed or ordered. Upon conclusion ofthe litigation, a party in the possession of Condential
11 Information, other than that which is contained in pleadings, correspondence, and deposition
12 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion
13 of this action to counsel for the party or non-party who provided such information, or (b) destroy
14 such documents within the time period upon consent of the party who provided the information
15 and certify in writing within thirty (3 0) days thatthe documents have been destroyed. Upon
16 receipt of such written certication, the producing party agrees to retain an archival copy of all
17 originals and all copies of such information, through its counsel of record in this action, for a
18 period of at least four (4) years following nal disposition of this litigation. To obtain a copy of
19 any such information during this time period, a request must be made in writing to the producing
20 party’s counsel of record in this action.
21 ll. Nothing herein shall be deemed to waive any applicable privilege or work product
22 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material
23 protected by privilege or work product protection. The parties agr‘ee that if they have reason to
24 suspect that they were inadvertently provided with information protected by the attorney client or
25 work product privileges, they will promptly notify the party(ies) affected and will engage in a
26 good faith meet—and-confer effort to ensure the issue is resolved. Any witness or other person,
27 rm or entity from which discovery is sought may be informed of and may obtain the protection
28 of this Order by written advice to the parties’ respective counsel or by oral advice at the time of
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 1031 16.1002
any deposition or similar proceeding. Any party to the proceeding (or other person subject to the
terms of this order) may ask the Court, after appropriate notice to the other parties to the
proceeding, to modify or grant relief from any provision of this order. Nothing herein shall
preclude any party (or other person subj ect to the terms of this order) from asserting in good faith
that certain Condential Information requires additional protection, or that the party or person
should be relieved from failing to designate information as Condential within the time limits set
forth herein, assuming good reason is provided for the delayed designation,
Part Two: Use of Condential Materials in Court
The following provisions govern the treatment of Condential Information used at trial or
submitted as a basis for adjudication of matters other than discovery motions or proceedings.
These provisions are subject to Rules 2.550, 2.551, 2.580, 2.585, 8.160, and 8.490 ofthe
California Rules of Court and must be construed in light of those Rules.
12. A party that les with the Court, or seeks to use at trial, materials designated as
Condential Information, and who seeks to have the record containing such information sealed,
shall submit to the Court a motion or an application to seal, pursuant to California Rule of Court
2.5 5 l .
13. A party that les with the Court, or seeks to use at trial, materials designated as
Condential Information by anyone other than itself, and who does not seek to have the record
containing such information sealed, shall comply with either of the following requirements: (a)
At least ten (10) business days prior to the ling or use of the Condential Information, the
submitting party shall give notice to all other parties, and to any non—party that designated the
materials as Condential Information pursuant to this Order, of the submitting party’s intention
to le or use the Condential Information, including specic identication of the Condential
Information. Any affected party or non-party may then le a motion to seal, pursuant to
California Rule of Court 2.55 1(b); or (b) At the time of ling or desiring to use the Condential
Information, the submitting party shall submit the materials pursuant to the lodging-undersea]
provision of California Rule of Court 2.551(d). Any affected party or non-party may then le a
motion to seal, pursuant to the California Rule of Court 2.55 1(b), within ten (10) business days
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1
1031 16.1002
after such lodging. Documents lodged pursuant to California Rule of Court 2.55 1(d) shall bear a
legend stating that such materials shall be unsealed upon expiration of ten (10) business days,
[\J
absent the ling of a motion to seal pursuant to Rule 2.55 1(b) or Court order.
14. In connection with a request to have materials sealed pursuant to Paragraph 12 or
Paragraph 13, the requesting party’s declaration pursuant to California Rule of Court 2.55 1(b)(1)
shall contain sufcient particularity with respect to the particular Condential Information and
the basis for sealing to enable the Court to make the ndings required by California Rule of
Court 2.550(d).
IT IS SO STIPULATED.
.
10 Dated: March 26, 2021 RUKIN HYLAND & RIGGIN LLP
11
12
By: /s/ Valerie Brender
13 _
Valerie Brender
Jessica Riggin
14 Attorneys for Plaintiffs
15
16 Dated: March 26, 2021 LITTLER MENDELSON P.C.
17
By: /s/ Philip Baldwin
18
Damon Ott
19 Philip Baldwin
Attorneys for Defendant Vanguard Cleaning Systems, Inc.
20
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Dated: March 26, 2021 JACKSON LEWIS P.C.
22
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By: /s/ Fraser A. McAlpine
24 Fraser A. McAlpine
Defendants RR Franchising, Inc.,
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Wine Country Ventures, Inc.,
26 and Buddha Capital Corporation
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 103116.1002
\ /
CERTIFICATION
I hereby certify my understanding that Condential Information is being provided to me
pursuant to the terms and restrictions of the Stipulation and Protective Order Regarding
Confidential Information led on ,2021, in San Mateo County Superior Court
Case No. 20-CIV-04267 (“Order”). I have been given a copy of that Order and read it.
I agree to be bound by the Order. I will not reveal the Condential Information to
anyone, except as allowed by the Order. I will maintain all such Condential Information,
including copies, notes, or other transcriptions made thereom, in a secure manner to prevent
unauthorized access to it. No later than thirty (3 0) days after the conclusion of this action, I will
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return the Condential Information, including copies, notes, or other transcriptions made
12 therefrom, to the counsel who provided me with the Condential Information. I hereby consent
13 to the jurisdiction of the San Mateo County Superior Court for the purpose of enforcing the
14
Order.
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I declare under penalty of perjury that the foregoing is true and correct and that this
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certicate is executed this _ day of ,20 ,at
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By:
21
Address:
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Phone:
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STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 103 1 16. 1 002
[PROPOSED] ORDER
The foregoing is approved, and IT IS SO ORDERED.
\OOONmUI-PUJNv—A
Dated:
Hon. Nancy L. Fineman
Judge of the Superior Court ofthe State of
California in and for the County of San Mateo
NNNNNNNNNr—ir—ih—‘t—tr—AHHHHH
OOQONUI¥UJNHOKOOOQONUI#WNHO
12
STIPULATED PROTECTIVE ORDER
4846-8632-0096.1 103 1 16. 1 002
PROOF OF SERVICE
I am employed in the County ofAlameda, State of California; I am over the age of 18
N
years and not a party to the within entitled action; my business address is 1939 Harrison Street,
Suite 290, Oakland, California 94612.
On March 26, 2021, I served the foregoing document(s), described as: STIPULATION
AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
on the interested parties to said action by the following means:
D (By Mail) By placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States Mail at Oakland, California
addressed as set forth below.
D (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed
envelope, with delivery charges prepaid, to be sent by Federal Express, addressed
as shown below.
E (By Electronic Service) By electronically transmitting the document(s) listed above,
by court order or agreement between the parties, addressed as set forth below.
10
Philip Baldwin Fraser A. McAlpine
11 Damon Ott JACKSON LEWIS P.C.
LITTLER MENDELSON P.C. 50 California Street
12 333 Bush Street 9th Floor
34th Floor San Francisco, CA 941 ll
13 San Francisco, CA 94104 Email: fraser.mcalpine@jacksonlewis.com
Email: PBaldwin@littler.com
14 DOtt@littler.com
15 Attorneys for VANGUARD
CLEANING SYSTEMS, INC.
16
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(State) I declare under penalty of perjury under the laws of the State of California
19 that the above is true and correct.
20 Executed on March 26, 2021 at Newport Beach, California.
21
~
x, g é
22
Brigitte A. Butler
23
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STIPULATED PROTECTIVE ORDER
4846—8632-00961 1031 16.1002
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1 JESSICA RIGGIN (SBN 281712) 2 jriggin@rukinhyland. com VALERIE BRENDER (SBN 298224) 3 vbrender@rukinhyland. com RUKIN HYLAND & RIGGIN LLP 1939 Harrison Street, Suite 290 Oakland, CA 94612 Telephone: (415) 421-1800 Facsimile: (41 5) 421-1700 MATTHEW C. HELLAND (SBN 25045 l) helland@nka.com DANIEL BROME (SBN 278915) dbrome@nka.com NICHOLS KASTER, LLP 235 Montgomery Street, Suite 810 10 San Francisco, CA 94104 Telephone: (415) 277—7235 11 Facsimile: (415) 277-7238 12 Attorneys for Plaintiff 13 (Additional Counsel on next page) 14 SUPERIOR COURT 0F THE STATE OF CALIFORNIA 1 5 COUNTY OF SAN MATEO 16 17 ALIDA MAZARIEGOS, PAULA CASE NO.: 20-CIV—04267 GONZALEZ, and JAIME AMAYA 18 STIPULATION AND PROTECTIVE Plaintiffs, on behalf of themselves ORDER REGARDING CONFIDENTIAL 1 9 and all others similarly situated, INFORMATION . _ 20 (Slngle Level of Condentlality) v. 21 22 VANGUARD CLEANING SYSTEMS, 1N0; RR FRANCHISING, INC, D/B/A 23 VANGUARD CLEANING SYSTEMS 0F SOUTHERN CALIFORNIA AND 24 D/B/A VANGUARD CLEANING SYSTEMS 0F NORTHERN CALIFORNIA; BUDDHA CAPITAL CORPORATION, D/B/A VANGUARD CLEANING SYSTEMS OF SACRAMENTO, D/B/A VANGUARD CLEANING SYSTEMS OE THE 28 CENTRAL VALLEY, AND D/B/A STIPULATED PROTECTIVE ORDER 4846-8632-0096I 1031 16.1002 EL???ES PH iii??? VANGUARD CLEANING SYSTEMS OF THE CENTRAL COAST; AND WINE COUNTRY VENTURES, INC. D/B/A VANGUARD CLEANING SYSTEMS OF THE NORTH BAY, AND DOES 1 TPROUGH 10, INCLUSIVE, Defendants. STIPULATED PROTECTIVE ORDER 4846-8632—0096] 1031 16.1002 DAMON M. OTT, Bar No. 215392 dott@1ittler.com PHILIP B. BALDWIN, Bar No. 307920 pbaldwin@littler.com "LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.: 415.399.8490 Attorneys for Defendant Vanguard Cleaning Systems, Inc. 10 Fraser A. McAIpine (State Bar No.248554) JACKSON LEWIS P.C. 11 50 California Street, 9th Floor San Francisco, California 941 1 1-4615 12 Telephone: 415) 394-9400 Facsimile: (415) 394—9401 13 E-mail: Fraser.McAlpine@jacksonlewiscom 14 Attorneys for Defendants RR Franchising, Inc., 15 Wine Country Ventures, Inc., and Buddha Capital Corporation 16 17 l8 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 In order to protect condential information obtained by the parties in connection with this case, the parties, by and through their respective undersigned counsel and subject to the approval of the Court, hereby agree as follows: Part One: Use Of Condential Materials In Discovery 1. Any party or non-party may designate as “Condential Information” (by stamping the relevant page or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or condential business or nancial information, including personal nancial information about any party to this lawsuit, putative class members or employee of any party to this lawsuit, information regarding any individual’s banking relationship with any banking institution, including_information regarding the individual’s nancial transactions or nancial accounts, and any information regarding any party not otherwise available to the public, subject to protection under Rules 2.550, 2.551, 2.580, 2.585, 8.160, and 8.490 ofthe California Rules of Court or under other provisions of California law. Where a document or response consists of more than one page, the rst page and each page on which condential information appears shall be so designated. 2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as “Condential” by so indicating in said responses or on the record at the deposition and requesting the preparation of a separate transcript of such material. In addition, a party or non-party may designate in writing, within thirty (30) days after receipt of said responses or of the deposition transcript for which the designation is proposed, that specic pages of the transcript and/or specic responses be treated as “Condential Information.” Any other party may obj ect to such proposal, in writing or on the record. Upon such obj ection, the parties shall follow the procedures described in Paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation until the matter is resolved according to the procedures described in Paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession or control -1 - STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 with the specied designation. A party that makes original documents or materials available for inspection need not designate them as Condential Information until after the inspecting party has indicated which materials it would like copied and produced. During the inspection and before the designation and copying, all of the material made available for inspection shall be considered Condential Information. 3. All Condential Information produced or exchanged in the course of this case (not including information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case. Condential Information shall not be used for any commercial competitive, personal, or other purpose. 4. Except with the prior written consent of the other parties, 0r upon prior order of this Court obtained upon notice to opposing counsel, Condential Information shall not be disclosed to any person other than: (a) counsel for the respective partiesto this litigation, including in-house counsel and co-counsel retained for this litigation; (b) employees of such counsel; (c) individual parties or ofcers or employees of a party, to the extent deemed necessary by counsel for the prosecution or defense of this litigation; (d) consultants or expert witnesses retained for the prosecution or defense of this litigation, provided that each such person shall execute a copy of the Certication annexed to this Order (which shall be retained by counsel to the party so disclosing the Condential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Condential Information, and provided that if the party chooses a consultant or expert employed by the defendant or one of its competitors, the party shall notify the opposing party, or designating non-party, before disclosing any Condential Information to that individual and shall give the opposing party an opportunity to move for a protective order preventing or limiting such disclosure; _2 _ STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 (e) any authors or recipients of the Condential Information; (f) the Court, court personnel, and court reporters; and (g) Witnesses (other than persons described in Paragraph 4(6)). A witness shall Sign the Certication before being shown a condential document. Condential Information may be disclosed to a Witness who will not sign the Certication only in a deposition at which the party who designated the Condential Information is represented or has been given notice that Condential Information produced by the party may be used. At the request of any party, the portion of the deposition transcript involving the Condential Information shall be designated 10 “Condential” pursuant to Paragraph 2 above. Witnesses shown Condential 11 Information shall not be allowed to retain copies. 12 5. Any persons receiving Condential Information shall not reveal or discuss such 13 information to or with any person who is not entitled to receive such information, except as set 14 forth herein. If a party or any of its representatives, including counsel, inadvertently discloses 15 any Condential Information to persons who are not authorized to use or possess such material, 16 the party shall provide immediate written notice of the disclosure to the party whose material 17 was inadvertently disclosed. If a party has actual knowledge that Condential Information is 18 being used or possessed by a person not authorized to use or possess that material, regardless of 19 how the material was disclosed or obtained by such person, the party shall provide immediate 20 written notice of the unauthorized use or possession to the party whose material is being used or 21 possessed. No party shall have an afrmative obligation to inform itself regarding such possible 22 use or possession. 23 6. In connection with discovery proceedings as to which a party submits Condential 24 Information, all documents and chamber copies containing Condential Information which are 25 submitted to the Court shall be led with the Court in sealed envelopes or other appropriate 26 sealed containers. On the outside of the envelopes, a copy of the rst page of the document shall 27 be attached. If Condential Information is included in the rst page attached to the outside of the 28 envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be _ 3 - STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 stamped on the envelope and a statement substantially in the following form shall also be printed on the envelope: “This envelope is sealed pursuant to Order of the Court, contains Condential Information and is not to be opened or the contents revealed, except by Order of the Court or agreement by the parties.” If another court or administrative agency subpoenas or orders production of Condential Information, such party shall promptly notify counsel for the party who produced the material of the pendency of such subpoena or order and shall furnish counsel with a copy of said subpoena or order. 7.A party may designate as “Condential Information” documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant document numbers or other identication within thirty (3 0) days after receiving such documents or discovery materials. Any party or non—party may voluntarily disclose to others without restriction any information designated by that party or non-party as Condential Information, although a document may lose its condential status if it is made public. If a party produces materials designated Condential Information in compliance with this Order, that production shall be deemed to have been made consistent with any condentiality or privacy requirements mandated by local, state or federal laws. 8.If a party contends that any material is not entitled to condential treatment, such party may at any time give written notice to the party or non-party who designated the material, which milst be supported with the specic reasons and support for such contentions. The party or non- party who designated the material shall have thirty (30) days from the receipt of such written notice to apply to the Court for an order designating the material as condential. The party or non—party seeking the order has the burden of establishing that the document is entitled to protection. 9. Notwithstanding any challenge to the designation of material as Condential Information, all documents shall be treated as such and shall be subject to the provisions hereof unless and until one of the following occurs: -4- STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 / (a) the party or non-party who claims that the material is Condential Information withdraws such designation in writing; or (b) the party or non-party who claims that the material is Condential Information fails to apply to the Court for an order designating the material condential within the time period specied above after receipt of a written challenge to such designation; or (c) the Court rules the material is not Condential Information. 10. All provisions of this Order restricting the communication or use of Condential Information shall continue to be binding after the conclusion of this action, unless otherwise 10 agreed or ordered. Upon conclusion ofthe litigation, a party in the possession of Condential 11 Information, other than that which is contained in pleadings, correspondence, and deposition 12 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 13 of this action to counsel for the party or non-party who provided such information, or (b) destroy 14 such documents within the time period upon consent of the party who provided the information 15 and certify in writing within thirty (3 0) days thatthe documents have been destroyed. Upon 16 receipt of such written certication, the producing party agrees to retain an archival copy of all 17 originals and all copies of such information, through its counsel of record in this action, for a 18 period of at least four (4) years following nal disposition of this litigation. To obtain a copy of 19 any such information during this time period, a request must be made in writing to the producing 20 party’s counsel of record in this action. 21 ll. Nothing herein shall be deemed to waive any applicable privilege or work product 22 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 23 protected by privilege or work product protection. The parties agr‘ee that if they have reason to 24 suspect that they were inadvertently provided with information protected by the attorney client or 25 work product privileges, they will promptly notify the party(ies) affected and will engage in a 26 good faith meet—and-confer effort to ensure the issue is resolved. Any witness or other person, 27 rm or entity from which discovery is sought may be informed of and may obtain the protection 28 of this Order by written advice to the parties’ respective counsel or by oral advice at the time of -5- STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 any deposition or similar proceeding. Any party to the proceeding (or other person subject to the terms of this order) may ask the Court, after appropriate notice to the other parties to the proceeding, to modify or grant relief from any provision of this order. Nothing herein shall preclude any party (or other person subj ect to the terms of this order) from asserting in good faith that certain Condential Information requires additional protection, or that the party or person should be relieved from failing to designate information as Condential within the time limits set forth herein, assuming good reason is provided for the delayed designation, Part Two: Use of Condential Materials in Court The following provisions govern the treatment of Condential Information used at trial or submitted as a basis for adjudication of matters other than discovery motions or proceedings. These provisions are subject to Rules 2.550, 2.551, 2.580, 2.585, 8.160, and 8.490 ofthe California Rules of Court and must be construed in light of those Rules. 12. A party that les with the Court, or seeks to use at trial, materials designated as Condential Information, and who seeks to have the record containing such information sealed, shall submit to the Court a motion or an application to seal, pursuant to California Rule of Court 2.5 5 l . 13. A party that les with the Court, or seeks to use at trial, materials designated as Condential Information by anyone other than itself, and who does not seek to have the record containing such information sealed, shall comply with either of the following requirements: (a) At least ten (10) business days prior to the ling or use of the Condential Information, the submitting party shall give notice to all other parties, and to any non—party that designated the materials as Condential Information pursuant to this Order, of the submitting party’s intention to le or use the Condential Information, including specic identication of the Condential Information. Any affected party or non-party may then le a motion to seal, pursuant to California Rule of Court 2.55 1(b); or (b) At the time of ling or desiring to use the Condential Information, the submitting party shall submit the materials pursuant to the lodging-undersea] provision of California Rule of Court 2.551(d). Any affected party or non-party may then le a motion to seal, pursuant to the California Rule of Court 2.55 1(b), within ten (10) business days _ 6_ STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 1031 16.1002 after such lodging. Documents lodged pursuant to California Rule of Court 2.55 1(d) shall bear a legend stating that such materials shall be unsealed upon expiration of ten (10) business days, [\J absent the ling of a motion to seal pursuant to Rule 2.55 1(b) or Court order. 14. In connection with a request to have materials sealed pursuant to Paragraph 12 or Paragraph 13, the requesting party’s declaration pursuant to California Rule of Court 2.55 1(b)(1) shall contain sufcient particularity with respect to the particular Condential Information and the basis for sealing to enable the Court to make the ndings required by California Rule of Court 2.550(d). IT IS SO STIPULATED. . 10 Dated: March 26, 2021 RUKIN HYLAND & RIGGIN LLP 11 12 By: /s/ Valerie Brender 13 _ Valerie Brender Jessica Riggin 14 Attorneys for Plaintiffs 15 16 Dated: March 26, 2021 LITTLER MENDELSON P.C. 17 By: /s/ Philip Baldwin 18 Damon Ott 19 Philip Baldwin Attorneys for Defendant Vanguard Cleaning Systems, Inc. 20 21 Dated: March 26, 2021 JACKSON LEWIS P.C. 22 23 By: /s/ Fraser A. McAlpine 24 Fraser A. McAlpine Defendants RR Franchising, Inc., 25 Wine Country Ventures, Inc., 26 and Buddha Capital Corporation 27 28 _ 7_ STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 103116.1002 \ / CERTIFICATION I hereby certify my understanding that Condential Information is being provided to me pursuant to the terms and restrictions of the Stipulation and Protective Order Regarding Confidential Information led on ,2021, in San Mateo County Superior Court Case No. 20-CIV-04267 (“Order”). I have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Condential Information to anyone, except as allowed by the Order. I will maintain all such Condential Information, including copies, notes, or other transcriptions made thereom, in a secure manner to prevent unauthorized access to it. No later than thirty (3 0) days after the conclusion of this action, I will 10 11 return the Condential Information, including copies, notes, or other transcriptions made 12 therefrom, to the counsel who provided me with the Condential Information. I hereby consent 13 to the jurisdiction of the San Mateo County Superior Court for the purpose of enforcing the 14 Order. 15 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 18 certicate is executed this _ day of ,20 ,at 19 20 By: 21 Address: 22 23 Phone: 24 25 26 27 28 11 STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 103 1 16. 1 002 [PROPOSED] ORDER The foregoing is approved, and IT IS SO ORDERED. \OOONmUI-PUJNv—A Dated: Hon. Nancy L. Fineman Judge of the Superior Court ofthe State of California in and for the County of San Mateo NNNNNNNNNr—ir—ih—‘t—tr—AHHHHH OOQONUI¥UJNHOKOOOQONUI#WNHO 12 STIPULATED PROTECTIVE ORDER 4846-8632-0096.1 103 1 16. 1 002 PROOF OF SERVICE I am employed in the County ofAlameda, State of California; I am over the age of 18 N years and not a party to the within entitled action; my business address is 1939 Harrison Street, Suite 290, Oakland, California 94612. On March 26, 2021, I served the foregoing document(s), described as: STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION on the interested parties to said action by the following means: D (By Mail) By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Oakland, California addressed as set forth below. D (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by Federal Express, addressed as shown below. E (By Electronic Service) By electronically transmitting the document(s) listed above, by court order or agreement between the parties, addressed as set forth below. 10 Philip Baldwin Fraser A. McAlpine 11 Damon Ott JACKSON LEWIS P.C. LITTLER MENDELSON P.C. 50 California Street 12 333 Bush Street 9th Floor 34th Floor San Francisco, CA 941 ll 13 San Francisco, CA 94104 Email: fraser.mcalpine@jacksonlewis.com Email: PBaldwin@littler.com 14 DOtt@littler.com 15 Attorneys for VANGUARD CLEANING SYSTEMS, INC. 16 17 18 (State) I declare under penalty of perjury under the laws of the State of California 19 that the above is true and correct. 20 Executed on March 26, 2021 at Newport Beach, California. 21 ~ x, g é 22 Brigitte A. Butler 23 24 25 26 27 28 13 STIPULATED PROTECTIVE ORDER 4846—8632-00961 1031 16.1002