Stipulation and Order

Cal. Super. - 6th Dist.February 4, 2019

M&WN OOO‘JON 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 2.8 0n 10/23/2019 10120 AMReviewed By: Tunisia Turnqnvelope: 3555115 GARCIA HERNANDEZ SAWHNEY, LLP Geoffrey T. Tong (Bar No. 1403 1 2) gtong@ghslaw.com Janet Ly (Bar No. 270169) jly@ghslaw.com Erica S. Kim (Bar No. 313261) ekim@ghslaw. com 330 N. Brand Blvd., Suite 680 Glendale, California 9] 203 Phone: (213) 347-0210 Fax: (213) 347-0216 Attorneysfor Defendant PERALTA COMMUNITY COLLEGE DISTRICT PRE 70004 RETIREE BENEFIT PLAN LAW OFFICES OF STEPHENSON, ACQUISTO & COLMAN, INC. SHADISHAYAN (SBN: 265467) sshayan@sacfirm.c0m 303 North Glenoaks Boulevard, Suite 700 Burbank, CA 91502 Telephone: (818) 559-4477 Facsimile: (818) 559-5484 Attorneysfor Claimant STANFORD HEALTH CARE Filed October 28, 2019 Clerk of the Court Superior Court of CA County of Santa Clara 1QCV342458 By: svera SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA STANFORD HEALTH CARE, a California non-profit public benefit corporation, Plaintiff, vs. PERALTA COMMUNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN, a voluntary employees benefit association pursuant to 26 U.S.C. 501 § (c)(9) and DOES 1 THROUGH 25. INCLUSIVE, Defendants. Case N0. 19CV342458 Assigned for all purposes t0 the Honorable Judge Peter Kirwan, Dept. 19 STIPULATION ANDW PROTECTIVE ORDER Complaint Filed: February 4, 2019 Trial Date: None set STIPULATION AND [PROPOSEDI PROTECTIVE ORDER I IT IS HEREBY STIPULATED by and between Plaintiff Stanford Health Care and 2 Defendants Peralta Community College District Pre 7/2004 Retiree Benefit Plan (collectively, the 3 "Parties"), by and through their respective counsel of record, that in order to facilitate the exchange 4 of information and documents, which may be subject to confidentiality limitations on disclosure due 5 to federal laws, state laws, and privacy rights, that they agree to enter into this Protective Order as 6 follows: 7 1. In this Stipulation and Protective Order, the words set forth below shall have the 8 following meanings: a. "Proceeding" shall mean the above-entitled proceeding, Case No. 10 19CV342458, b. "Court*'hall mean the Hon. Peter Kirwan of Department 19, or any other 12 judge to which this Proceeding may be assigned, including Court staff participating in such 13 proceedings. 14 c. "Confidential" shall mean any information that is in the possession of a 15 Designating Party who believes in good faith that such information is entitled to confidential 16 treatment under applicable law, including any patient health information required to be kept 17 confidential under any state or federal law, including 45 C.F.R. Parts 160 and 164 promulgated 18 pursuant to the Health Insurance Portability and Accountability Act of 1996 (sce 45 C.F.R. 19 tjtj 164.501 7E 160.103)„ 20 d. "Confidential Materials" shall mean any Documents, Testimony or 21 Information as defined below and designated as "Confidential" pursuant to the provisions of this 22 Stipulation and Protective Order and includes, but is not limited to, materials designated as 23 "Attorney-Eyes Only".. e. "Highly Confidential Materials" shall mean any Documents Testimony or 25 Information as defined below designated as defined below and designated as "Highly Confidential 26 Attorney's Eyes Only" pursuant to the provision of this Stipulation and Protective Order. 27 28 f. "Designating Party" shall mean the Party that designates Materials as STIPDLATtON AND IPROPOSEDI PROTECTIVE ORDER I "Confidential" or "Highly Confidential Attorney's Eyes Only." g. "Disclose" or "Disclosed" or "Disclosure" shall mean to reveal, divulge, 3 give, or make available Confidential Materials, or any part thereof, or any information contained 4 therein. 5 h. "Documents" shall mean (i) any "Writing," "Original," and "Duplicate" as 6 those terms are defined by California Evidence Code Sections 250, 255, and 260, which have been 7 produced in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or 8 summaries of all or any part of the foregoing. 10 i. "Information" shall mean the content of Documents or Testimony. j. "Testimony" shall mean all depositions, declarations or other testimony taken I I or used in this Proceeding. 12 2. The Designating Party shall have the right to designate as "Confidential" or "Highly 13 Confidential Attorney's Eyes Only" any Documents, Testimony or Information that the Designating 14 Party in good faith believes to contain non-public information that is entitled to confidential 15 treatment under applicable law. Materials designated as "Confidential" or "Highly Confidential" 16 shall be used by the persons receiving them only for the purposes of preparing for, conducting, 17 participating in the conduct of, and/or prosecuting and/or defending the Proceeding, and not for any 18 business or other purpose whatsoever. 19 3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or 20 abridge any right, privilege or protection otherwise available to any Party with respect to the 21 discovery of matters, including but not limited to any Party's right to assert the attorney-client 22 privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest any 23 such assertion. 24 4. Any Documents, Testimony or Information to be designated as "Confidential" or 25 "Highly Confidential Attorney's Eyes Only" must be clearly so designated before the Document, 26 Testimony or Information is Disclosed or produced. The parties may agree that the case name and 27 number are to be part of the "Confidential" designation. The "Confidential** or "Highly Confidential 28 STIPULATION AND IPROPOSEDI PROTECTIVE ORDER I Attorney's Eyes Only" designation should not obscure or interfere with the legibility of the 2 designated Information. a. For Documents (apart from transcripts of depositions or other pretrial or trial 4 proceedings), the Designating Party must affix the legend "Confidential" or "Highly Confidential 5 Attorney's Eyes Only" on each page of any Document containing such designated Confidential 6 Material or Highly Confidential Material. b. For Testimony given in depositions the Designating Party may either: i. identify on the record, before the close of the deposition, all 9 "Confidential" or "Highly Confidential Attorney's Eyes Only" Testimony, by specifying all 10 portions of the Testimony that qualify as "Confidential" or "Highly Confidential," or ii, designate the entirety of the Testimony at the deposition as 12 "Confidential" or "Highly Confidential Attorney's Eyes Only" (before the deposition is concluded) 13 with the right to identify more specific portions of the Testimony as to which protection is sought 14 within 30 days following receipt of the deposition transcript. In circumstances where portions of the 15 deposition Testimony are designated for protection, the transcript pages containing "Confidential" 16 or "Highly Confidential" Information may be separately bound by the court reporter, who must 17 atfix to the top of each page the legend 'Confidential" or "Highly Confidential Attorney's Eyes 18 Only," as instructed by the Designating Party. 19 c. For Information produced in some form other than Documents, and for any 20 other tangible items, including, without limitation, flash drives, compact discs or DVDs, the 21 Designating Party must affix in a prominent place on the exterior of the container or containers in 22 which the Information or item is stored the legend "Confidential" or "Highly Confidential 23 Attorney's Eyes Only." If only portions of the Information or item warrant protection, the 24 Designating Party, to the extent practicable, shall identify the "Confidential" or "Highly 25 Confidential'ortions. 26 5. The inadvertent production by any of the undersigned Parties or non-Parties to the 27 Proceedings of any Document, Testimony or Information during discovery in this Proceeding STIPULATION AND IPROPOSEDI PROTECTIVE ORDER I without a "Confidential" or "Highly Confidential Attorney's Eyes Only" designation, shall be 2 without prejudice to any claim that such item is "Contidential" or "Highly Confidential" and such 3 Party shall not be held to have waived any rights by such inadvertent production. In the event that 4 any Document, Testimony or Information that is subject to a "Confidential" or "Highly Confidential 5 Attorney's Eyes Only'esignation is inadvertently produced v ithout such designation, the Party 6 that inadvertently produced the document shall give written notice of such inadvertent production 7 within twenty (20) days of discovery of the inadvertent production, together with a further copy of 8 the subject Document, Testimony or Information designated as "Confidential" or "Highly 9 Confidential Attorney's Eyes Only" (the "Inadvertent Production Notice*'). Upon receipt of such 10 Inadvertent Production Notice, the Party that received the inadvertently produced Document, 11 Testimony or Information shall promptly destroy the inadvertently produced Document, Testimony 12 or Information and all copies thereof, or, at the expense of the producing Party, return such together 13 with all copies of such Document. Testimony or Information to counsel for the producing Party and 14 shall retain only the "Confidential*'r "Highly Confidential Attorney's Eyes Only" designated 15 Materials. Should the receiving Party choose to destroy such inadvertently produced Document, 16 Testimony or Information, the receiving Party shall notify the producing Party in writing of such 17 destruction within ten (10) days of receipt of written notice of the inadvertent production. This 18 provision is not intended to apply to any inadvertent production of any Information protected by 19 attorney-client or work product privileges. In the event that this provision conflicts with any 20 applicable law regarding waiver of confidentiality through the inadvertent production of 21 Documents, Testimony or Information, such law shall govern. 22 6. In the event that counsel for a Party receiving Documents, Testimony or Information 23 in discovery designated as "Confidential" or "Highly Confidential Attorney's Eyes Only" objects to 24 such designation with respect to any or all of such items, said counsel shall advise counsel for the 25 Designating Party, in writing, of such objections, the specific Documents, Testimony or Information 26 to which each objection pertains, and the specific reasons and support for such objections (the 27 "Designation Objections"). Counsel for the Designating Party shall have thirty (30) days from 28 STIPLLATIOR AND IPROPOSEDI PROTECTIVE ORDER I receipt of the written Designation Objections to either (a) agree in writing to de-designate 2 Documents, Testimony or Information pursuant to any or all of the Designation Objections and/or 3 (b) file a motion with the Court seeking to uphold any or all designations on Documents, Testimony 4 or Information addressed by the Designation Objections (the "Designation Motion"). Pending a 5 resolution of the Designation Motion by the Court, any and all existing designations on the 6 Documents, Testimony or Information at issue in such Motion shall remain in place. The 7 Designating Party shall have the burden on any Designation Motion of establishing the applicability 8 of its "Confidential" or "Highly Confidential Attorney's Eyes Only*'esignation. In the event that 9 the Designation Objections are neither timely agreed to nor timely addressed in the Designation 10 Motion, then such Documents, Testimony or Information shall be de-designated in accordance with 11 the Designation Objection applicable to such material. 12 7. Access to and/or Disclosure of Confidential Materials designated as "Confidential" 13 shall be permitted only to the follov ing persons: 14 15 a. the Court; b. Attorneys of record in the Proceedings and their aAiliated attorneys, 16 paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in the 17 Proceedings and are not employees of any Party. In-house counsel to the undersigned Parties and 18 the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that each 19 non-lawyer given access to Confidential or Highly Confidential Materials shall be advised that such 20 Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and 21 Protective Order and that they may not be Disclosed other than pursuant to its terms; 22 c. those officers, directors, partners, members, employees and agents of all non- 23 designating Parties that counsel for such Parties deems necessary to aid counsel in the prosecution 24 and defense of this Proceeding; provided, however, that prior to the Disclosure of Contidential 25 Materials to any such officer, director, partner, member, employee or agent, counsel for the Party 26 making the Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, 27 shall explain that such person is bound to follow the terms of such Order, and shall secure the 28 STIPULATtON AND IPROPOSEDi PROTECTIVE ORDER I signature of such person on a statement in the form attached hereto as Exhibit A; d. court reporters in this Proceeding (whether at depositions, hearings, or any 3 other proceeding); e. any deposition, trial or hearing witness in the Proceeding who previously has 5 had access to the Confidential Materials, or who is currently or was previously an officer, director, 6 partner, member, employee or agent of an entity that has had access to the Confidential Materials; f. any deposition or non-trial hearing witness in the Proceeding who previously 8 did not have access to the Confidential Materials; provided, however, that each such witness given 9 access to Confidential Materials shall be advised that such Materials are being Disclosed pursuant 10 to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be 11 Disclosed other than pursuant to its terms; 12 g. mock jury participants, provided, however, that prior to the Disclosure of 13 Confidential Materials to any such mock jury participant, counsel for the Party making the 14 Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall explain 15 that such person is bound to follow the terms of such Order, and shall secure the signature of such 16 person on a statement in the form attached hereto as Exhibit A. 17 h. outside experts or expert consultants consulted by the undersigned Parties or 18 their counsel in connection with the Proceeding, whether or not retained to testify at any oral 19 hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert 20 or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this 21 Stipulation and Protective Order to such person, shall explain its terms to such person, and shall 22 secure the signature of such person on a statement in the form attached hereto as Exhibit A. It shall 23 be the obligation of counsel, upon learning of any breach or threatened breach of this Stipulation 24 and Protective Order by any such expel or expert consultant, to promptly notify counsel for the 25 Designating Party of such breach or threatened breach; and 26 27 28 i. any other person that the Designating Party agrees to in writing. 8. Materials designated as "Highly Confidential Attorney's Eyes Only" shall only be STIPULATION AND 1PROPOSEDl PROTECTIVE ORDER 10 12 13 14 permitted to the following persons: a. Attorneys of record in the Proceedings and their affiliated attorneys, paralegals, clerical and secretarial staff employed by such attorneys who are actively involved in the Proceedings and are not employees of any Party. b. In-house counsel to the undersigned Parties and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that each non- lawyer given access to Confidential iVlaterials shall be advised that such Materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be Disclosed other than pursuant to its terms. c. The Judge. d. Experts only when necessary. Additionally, the persons described in Paragraphs 8(a-d) may not be given copies of or be entitled to retain Materials designated as "Highly Confidential Attorney's Eyes Only." 9. Any party to the proceeding (or other person subject to the terms of this Stipulation 16 17 and Protective Order) may ask the Court, after appropriate notice to the other Parties to the Proceeding, to modify or grant rehef from any provision of this Stipulation and Protective Order. i0. Entering into, agreeing to, and/or complying with the terms of this Stipulation and Protective Order shall not: 19 20 a. operate as an admission by any person that any particular Document, Testimony or Information marked "Confidential" or "Highly Confidential Attorney's Eyes Only" 21 contains or reflects trade secrets, proprietary, confidential or competitively sensitive business, 22 commercial, financial or personal information; or 23 24 25 b. prejudice in any way the right of any Party (or any other person subject to the terms of this Stipulation and Protective Order): i. to seek a determination by the Court of whether any particular 26 Materials should be subject to protection as 'Confidential" or "Highly Confidential" under the 27 terms of this Stipulation and Protective Order; or 28 STIPULATION AND iPROPOSEDi PROTECTIVE ORDER ii, to seek relief from the Court on appropriate notice to all other Parties 2 to the Proceeding from any provision(s) of this Stipulation and Protective Order, either generally or 3 as to any particular Document, Material or Information. 4 11. Any Party to the Proceeding who has not executed this Stipulation and Protective 5 Order as of the time it is presented to the Court for signature may thereafter become a Party to this 6 Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the 7 same with the Court and serving copies of such signed and dated copy upon the other Parties to this 8 Stipulation and Protective Order. 9 12. Any Information that may be produced by a non-Party witness in discovery in the 10 Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as 11 "Confidential" or "Highly Confidential Attorney's Eyes Only" under the terms of this Stipulation 12 and Protective Order, and any such designation by a non-Party shall have the same force and effect, 13 and create the same duties and obligations, as if made by one of the undersigned Parties hereto. Any 14 such designation shall also function as a consent by such producing Party to the authority of the 15 Court in the Proceeding to resolve and conclusively determine any motion or other application 16 made by any person or Party with respect to such designation, or any other matter otherwise arising 17 under this Stipulation and Protective Order. Ig 13. If any person subject to this Stipulation and Protective Order who has custody of any 19 Confidential or Highly Confidential Materials receives a subpoena or other process ("Subpoena") 20 from any government or other person or entity demanding production of Confidential Materials, the 21 22 24 25 26 27 28 recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either express mail or overnight delivery to counsel of record for the Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose production of the Confidential or Highly Confidential Materials, and/or seek to obtain confidential treatment of such Confidential or Highly Confidential Materials from the subpoenaing person or entity to the fullest extent available under law. The recipient of the STIPULATION AND IPROPOSEDI PROTECTIVE ORDER I Subpoena may not produce any Documents, Testimony or Information pursuant to the Subpoena prior to the date specified for production on the Subpoena. 14. Nothing in this Stipulation and Protective Order shall be construed to preclude either Party from asserting in good faith that certain Confidential or Highly Confidential Materials require 5 additional protection. The Parties shall meet and confer to agree upon the terms of such additional 6 protection. 7 15. If, after execution of this Stipulation and Protective Order, any Confidential or g Highly Confidential Materials submitted by a Designating Party under the terms of this Stipulation 9 and Protective Order is Disclosed by a non-Designating Party to any person other than in the I 10 manner authorized by this Stipulation and Protective Order, the non-Designating Party responsible 11 for the Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential 12 Materials to the immediate attention of the Designating Party. 13 16. This Stipulation and Protective Order is entered into without prejudice to the right of yd~ yydyy k idly i yh Pyle hhqy fyhh Sdyldi dy y d Od y y( 15 Confidential or Highly Confidential Materials designated by that Party. If the Designating Party 16 uses Confidential or Highly Confidential Materials in a non-Confidential manner, then the 17 Designating Party shall advise that the designation no longer applies. 18 17. Where any Confidential or Highly Confidential Materials, or Information derived 19 from Confidential or Highly Confidential Materials, is included in any motion or other proceeding 20 governed by California Rules of Court, Rules 2.550 and 2.551, the party shall follow those rules. 21 With respect to discovery motions or other proceedings not governed by California Rules of Court, 22 Rules 2.550 and 2.551, the following shall apply: If Confidential or Highly Confidential 23 Materials or information derived from Confidential or Highly Confidential Materials are submitted 24 to or otherwise disclosed to the Court in connection with discovery motions and proceedings, the 25 same shall be separately filed under seal with the clerk of the Court in an envelope marked: 26 "CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND 27 WITHOUT ANY FURTHER SEALING ORDER REQUIRED," 28 STIPULATION AND IPROPOSEDI PROTECTIVE ORDER I 18. The Parties shall meet and confer regarding the procedures for use of Confidential or 2 Highly Confidential 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 or Highly Confidential Materials or abridge the rights of any person to 5 seek judicial review or to pursue other appropriate judicial action with respect to any ruling made 6 by the Court 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, except 9 that a Party may seek the written permission of the Designating Party or may move the Court for 10 relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law, 11 the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective 12 Order, even after the Proceeding is terminated. 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 or Highly Confidential 16 Materials and all copies thereof (except that counsel for each Party may maintain in its files, in 17 continuing compliance with the terms of this Stipulation and Protective Order, all work product, and 18 one copy of each pleading filed with the Court [and one copy of each deposition together with the 19 exhibits marked at the deposition)]", (b) agree with counsel for the Designating Party upon 20 appropriate methods and certification of destruction or other disposition of such Confidential 21 Materials, or (c) as to any Documents, Testimony or other Information not addressed by sub- 22 paragraphs (a) and (b), file a motion seeking a Court order regarding proper preservation of'3 such Materials. To the extent permitted by law the Court shall retain continuing jurisdiction to 24 review and rule upon the motion referred to in sub-paragraph (c) herein. *[The bracketed portion of 25 this provision shall be subject to agreement between counsel for the Parties in each case.] 26 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, 27 it shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein 28 IO STIPULATION AND 1PROPOSEDl PROTECTIVE ORDER I with regard to any Confidential Materials that have been produced before the Court signs this 2 Stipulation and Protective Order. 3 23. The Parties and all signatories to the Certification attached hereto as Exhibit A agree 4 to be bound by this Stipulation and Protective Order pending its approval and entry by the Court. In 5 the event that the Court modifies this Stipulation and Protective Order, or in the event that the Court 6 enters a different Protective Order, the Parties agree to be bound by this Stipulation and Protective 7 Order until such time as the Court may enter such a different Order. It is the Parties'ntent to be g bound by the terms of this Stipulation and Protective Order pending its entry so as to allow for 9 immediate production of Confidential Materials under the terms herein. 10 This Stipulation and Protective Order may be executed in counterparts. 12 Dated: October 4, 2019 13 14 15 16 17 18 GARCIA HERNANDEZ SAWHNEY, LLP Geoffrey T. Tong Erica S. Kim Attorneys for Defendant PERALTA COMMUNITY COLLEGE DISTRICT PRE 7/2004 RETIREE BENEFIT PLAN 19 Dated: Og i0140ig 21 22 THE L ACQUIST FICES OF STEPHENSON, LEMAN 23 24 25 By Shadtt Shpy'an Attorneys for Plaintiff STANFORD HEALTH CARE 26 27 28 STIPULATION AND IPROPOSEDi PROTECTIVE ORDER ORDER 2 GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective 3 Order. 4 IT IS SO ORDERED. 6 Dated: 7 THE HONORABLE PETER KIRWAN 10 12 13 14 15 16 17 18 19 20 22 12 STIPULATION AND [PROPOSEDI PROTECTIVE ORDER Signed: 10/25/2019 09:40 AM EXHIBIT A 2 CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am about to receive Confidential Materials supplied in connection with the Proceeding, (Case No. 19CV342458). I certify that I understand that the Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. IO I understand that Confidential Materials, as defined in the Stipulation and Protective Order, including any notes or other records that may be made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted by the Stipulation and Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials I4 obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials provided to me in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my personal custody until termination of my participation in this Proceeding, whereupon the copies of such Materials will be returned to counsel who provided me with such Materials. 20 22 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this day of, 20, at 23 24 25 26 By: Signature Title Address Telephone Number 27 28 l3 STIPULATION ANO IPROPOSEDI PROTECTIVE ORDER PROOF OF SERVICE I am employed in the county of Los Angeles, State of California. I am over the ageof 18 and not a party to the within action; my business address is 303 North Glenoaks Boulevard, Suite 700, Burbank, California 91502-3226. On October 23, 2019, I served the foregoing document(s) entitled: STIPULATION AND [PROPOSED] PROTECTIVE ORDER Hereby placing a true copy thereof enclosed in a sealed envelope addressed per the attached Service List. 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Geoffrey T. Tong, Esq. Janet Ly, Esq. Erica S. Kim, Esq. Garcia Hernandez Sawhney, LLP 330 N. Brand Blvd., Suite 680 Glendale, CA 91203 Attorneysfor Defendant [X] BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [C.C.P. 1013a(3); F.R.C.P. 5(b)] BY FEDERAL EXPRESS: I caused such envelope(s), with overnight Federal Express Delivery Charges to be paid by this firm, to be deposited with the Federal Express Corporation at a regularly maintained facility on the aforementioned date. [C.C.P. 1013(c) 1013(d)] [ ] BY PERSONAL SERVICE: I caused the above-stated document(s) to be served by personally delivering a true copy thereof to the individuals identified above. [C.C.P. 1011(a); F.R.C.P. 5(b)] [ ] BY EXPRESS MAIL: I caused such envelope(s), with postage thereon fully prepaid and addressed to the party(s) shown above, to be deposited in a facility operated by the U.S. Postal Service and regularly maintained for thereceipt of Express Mail on the aforementioned date. [C.C.P. 1013(c)] [ [ ] BY ELECTRONIC SERVICE: By emailing true and correct copies to thepersons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronicallyand the transmission was reported as complete and without error. [ X ] State: I declare under penalty ofperjury under the laws of the State ofCalifornia that the above is true and correct. I Executed on October 23, 2019 in Burbank, California. 10 12 13 NATALIE HARTLEY 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28