Stipulation and OrderCal. Super. - 6th Dist.November 15, 201910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Envelope: 6337281 AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar N0. 218672 SAMUEL A. WONG, State Bar N0. 217104 JESSICA L. CAMPBELL, State Bar N0. 280626 CHELSEA D. HOLLINS, State Bar N0. 305229 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-625 1 ch011ins@aegislawfirm.com Attorneys for Plaintiff I(amran Khan, individually, and 0n behalf 0f all others similarly situated SUPERIOR COURT 0F THE STATE 0F CALIFORNIA FOR THE COUNTY OF SANTA CLARA KAMRAN KHAN, individually and 0n Case NO. 19CV35851 1 behalf 0f all others similarly situated, Assignedfor allpw'poses 1‘0 Plaintiffs, Hon. Sunil R. Kulkarm', Dept. I V- -TPR0POSE‘B] STIPULATION AND PROTECTIVE ORDER RK MANAGEMENT GROUP LLC, a California corporation; and DOES 1 through 20, inclusive, Defendants. [erd] STIPULATION AND PROTECTIVE ORDER Filed April 29, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 19CV358511 By: rwalker 10 11 12 i3 14 16 17 18 19 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the Parties t0 Khan V. RK Management Group LLC, by 21nd through their respective counsel 0f record, that in order t0 facilitate the exchange 0f information and documents which may be subject t0 confidentiality limitations 0n disclosure due t0 federal laws, state ans, and privacy rights, the Parties stipulate as follows: l. 111 this Stipulation 3nd Protective Order, the words set forth below Shall have the following meanings: DJ QQ “Proceeding” means the above-eutitled proceeding 19CV35851}. “Court” means the H011. Suuil R. Kulkami, 0r any other judge t0 which this Proceeding may be assigned, including Court staff participating in such proceedings‘ “Confidentiai” means any information which is in the possession 0f a Designating Party who beiieves in good faith that such information is entitled t0 confidential treatment under applicable iaw. “Confidential Materials” means any Documents, Testimony 01‘ Information as defined below designated as “Confidential” pursuant t0 the provisions 0f this Stipulation and Protective Order. “Designating Party” means the Party that designates Materials as “Confidential.” “Disclose” or “Disclosed” 01' “Disclosure” means t0 reveai, diwlge, give? 01‘ make available Materiais, 01' any part thereof, 01' any infmmation contained therein. “Documents” means (i) any “Writing,” “Original,” and “Duplicate” as those terms are defined by California Evidence Code Sections 250, 255, and 260, which have been produced in discovely in this Proceeding by any person, and (ii) any copies, reproductions, 01‘ summaries 0f all 01‘ any part 0f the foregoing. “Information” means the content 0f Documents 0r Testimony. “Testimony” means £111 depositions, declarations 01' other testimony taken or -1- {proposed} STIPULATION AND PROTECTIVE ORDER 25 26 27 used in this Proceeding. 2. The Designating Party shall have the right t0 designate as “Confidential” any Documents, Testimony 01‘ Information that the Designating Party in good faith believes t0 contain 11011-pub1ic information that is entitled t0 confidential treatment under appiicable an. 3. The entry 0f this Stipuiation and Protective Order does not alter, waive, modify, 0r abridge any right, privilege 0r protection otherwise available t0 any Party with respect t0 the discovery 0f matters, including but not Eimited t0 any Party’s right t0 assert the attorney-client privilege, the attorney work product doctrine, 01* other privileges, 01‘ any Pamy’s right t0 contest any such assertion. 4. Any Documents) Testimony 01' Information t0 be designated as “Confidential” must b0 cleariy so designated before the Document, Testimony 01‘ Information is Disciosed 0r produced. The pames may agree that the case name and number are to be part 0f the “Confidential” designation. The “Confidentiai” designation should not obscure 01‘ interfere with the legibility 0fthe designated Information. a. For Documents (apart from transcripts 0f depositions 01' other pretrial 01‘ trial proceedings), the Designating Party must affix the Icgend “Confidential” 0n each page of any Document containing such designated Confidential Material. b. For Testimony given in depositions the Designating Party may either: i. identify 0n the record, before the ciose 0f the deposition, all “Confidential” Testimony, by specifying ail portions 0f the Testimony that qualify as “Confidential;” 01' ii‘ designate the entirety 0f the Testimony at the deposition as “Confidential” (before the deposition is concluded) with the right t0 identify more specific portions 0f the Testimony as t0 which protection is sought within 30 days following receipt 0f the deposition transcript. 1n circumstances Where portions 0f the deposition Testimony are designated for protection, the transcript pages containing “Confidentiai” Information may be separately bound by the court reporter, who must affix t0 the top -2- [proposed] STIPULATION AND PROTECTIVE ORDER 0f each page the legend “Confidential," as instructed by the Designating Party. For Information produced in some form other than Documents, and for any.0 other tangible items, inciuding, without: limitation, compact discs 01‘ DVDS, the Designating Party must affix in a prominent place 0n the exterior 0f the container 01‘ containers in which the Information 01‘ item is stored the legend “Confidential.” If only portions 0f the Information 01‘ item wammt protection, the Designating Party, t0 the extent practicable, shail identify the “Confidential” portions. 5. The inadvertent production by any 0f the undersigned Parties 01' llotl-Parties t0 the Proceedings 0f any Document, Testimony 01‘ Information during discovew in this Proceeding without a “Confidential” designation, shall be without prejudice t0 any claim that such item is “Confidential” and such Party shall not be held t0 have waived any rights by such inadvertent production. In the event that any Document, Testimony 0r Information that is subject t0 a “Confidential” designation is inadvertently produced without such designation, the P311y that inadvertently produced the document shail give written notice 0f such inadvenent production within twenty (20) days 0f discovery 0f the inadvertent production, together with a further copy 0f the subject Document, Testimony 01‘ Infmmation designated as “Confidential” (the “Inadvertent Production Notice”). Upon receipt 0f such Inadvertent Production Notice, the Party that received the inadvertently produced Document, Testimony 01‘ Information shail promptly destroythe inadvertently produced Document, Testimony 01‘ Information and all copies thereof, 01‘, at the expense 0f the producing Party, return such together with all copies 0f such Document, Testimony 01‘ Information t0 counsel for the producing Party and shall retain only the “Confidential” designated Matefials. Should the receiving Party choose t0 destroy such inadvefiently produced Document, Testimony 01‘ Information, the receiving Party shall notify the producing Party 111 writing 0f such destmction within ten (10) days 0f receipt 0f written notice 0f the inadvertent production. This provision is not intended t0 apply t0 any inadvertent production 0f any Infomlation protected by attomey-client 01‘ work product -3- [proposed] STIPULATION AND PROTECTIVE ORDER 10 1i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 privileges. 111 the event that this provision conflicts with any applicable law regarding waiver 0f confidentiality through the inadvertent production 0f Documents, Testimony 01‘ Information, such law shall govern. 6. 1n the event that counsel for a Party receiving Documents, Testimony 0r Information in discovety designated as “Confidential” objects t0 such designation with respect t0 any 01‘ ail 0f such items, said counsel shall advise counsel for the Designating Patty, in writing, ofsuch objections, the specific Documents, Testimony 01' Infonnation t0 Which each Objection pefiains, and the specific reasons and support for such obj actions (the “Designation Objections”). Counsel for the Designating Party shail have thirty (30) days from receipt 0f the written Designation Objections t0 either (a) agree in writing t0 de-designate Documents, Testimony 0r Information pursuant t0 any 01' all 0f the Designation Objections and/or (b) file a motion with the Court seeking t0 uphold any 01' 31E designations 0n Documents, Testimony 01‘ Information addressed by the Designation Objections (the “Designation Motion”). Pending a resolution 0f the Designation Motion by the (301111, any and all existing designations 0n the Documents, Testimony 01‘ Information at issue in such Motion shall remain in place. The Designating Party shall have the burden 0n any Designation Motion 0f establishing the applicabiiity of its “Confidential” designation. In the event that the Designation Objections are neither timely agreed t0 nor timely addressed in the Designation Motion, then such Documents, Testimony 01' Information shall be de-designated in accordance with the Designation Objection applicable t0 such material. 7. Access t0 and/or Disclosure 0f Confidential} Materials designated as “Confidential” Shal} be permitted only t0 the foilowing persons: a. the Court; b. (1)Att0meys 0f record in the Proceedings and their affihated attomeys, paraiegals, clerical and secretarial staff employed by such attorneys who are actively involved in the Proceedings and are not employees 0f any Party. (2) In-house counsel to the undersigned Parties and the paralegal, clerical and secretarial staff employed by such counsel. Provided, however, that each non- -4- {proposed} STIPULATION AND PROTECTIVE ORDER i0 E2 13 l4 anyer given access t0 Confidential Materials shall bc advised that such Materials are being Disclosed pursuant t0, and are subject t0, the terms 0f this Stipulation and Protective Order and that they may not be Disclosed other than pursuant t0 its terms; those officers, directors, partners, members, employees and agents 0f all non- designating Parties that counsel for such Parties deems necessaw t0 aid counsel in the prosecution and defense 0f this Proceeding; provided, however, that prior t0 the Disclosure 0f Confidential Materials t0 any such officer, director, pafiner, member, employee 01' agent, ccunsel for the Party making the Dischsure shall deliver a copy 0f this Stipuiation and Protective Order t0 such person, shall explain that such person is bound t0 follow the terms 0f such Order, and shall secure the signature 0f such person 011 a statement in the form attached hereto as Exhibit A; court reporters in this Proceeding (whether at depositions, hearings, 0r any other proceeding); any deposition, trial 01‘ hearing witness in the Proceeding who previously has had access t0 the Confidential Materials, 01' who is currently 01‘ was previously an officer, director, partner, member, employee 01' agent of an entity that has had access t0 the Confidentiai Materials; any deposition 01‘ 11011-trial hearing witness in the Proceeding who previously did not have access t0 the Confidential Materials; provided, however, that each such witness given access t0 Confidential Materials shall be advised that such Materials are being Disciosed pursuant t0, and are subject t0, the terms 0f this Stipulation and Protective Order 311d that they may not be Disclosed other than pursuant t0 its terms; mock jury participants, provided, however, that prior to the Disclosure 0f Confidential Materials t0 any such mock jmy participant, counsel for the Party making the Disciosure shall deliver a copy 0f this Stipulation and Protective -5- [proposed] STIPULATION AND PROTECTIVE ORDER h. 8. Order t0 such person, shall explain that such person is bound t0 follow the terms 0f such Order, and shall secure the signature 0f such person 0n a statement in the form attached hereto as Exhibit A. outside experts 0r expert consultants consulted by the undersigned Parties 01‘ their counsel in connection with the Proceeding, whether 01‘ not retained t0 testify 3t any oral hearing; provided, however, that prior t0 the Disclosure 0f Confidential Materials t0 any such expert 01' expert consultant, counsel for the Party making the Disclosure shail deliver a copy 0f this Stipulation and Protective Order t0 such person, shall explain its terms t0 such person, and 311311 secure the signature 0f such person 011 a statement in the form attached hereto as Exhibit A. It shall be the Obiigation 0f counsel, upon {earning of any breach 01‘ threatened breach 0f this Stipulation and Protective Order by any such expert 01' expert consultant, t0 promptiy notify counsel for the Designating Party of such breach 01' threatened breach; and any other person that the Designating Party agrees t0 in writing. Confidential Materials shall be used by the persons receiving them only for the puxposes 0f preparing for, conducting, participating in the conduct 0f, and/Qr prosecuting and/or defending the Proceeding, and not for any business 01‘ other purpose whatsoever. 9. Any Party t0 the Proceeding (01‘ other person subj ect to the terms 0f this Stipuiation and Protective Order) may ask the Court, after appropriate notice to the other Parties t0 the Proceeding, t0 modify 01‘ grant rehef from any provision 0f this Stipuiatiou and Protective Order. i0. Entering into, agreeing t0, and/or compiying with the telms 0f this Stipulation and Protective Order shall not: a. Operate as an admission by any person that any particular Document, Testimony 01' Information marked “Confidential” contains 01‘ reflects trade secrets, proprietary, confidential 0r competitively sensitive business, commercial, financial 0r personal information; 01‘ _6_ [proposed] STIPULATION AND PROTECTIVE ORDER 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 b. prejudice in any way the right of any Party (01‘ any other person subj ect t0 the terms Ofthis Stipulation and Protective Order): i. t0 seek a detarmination by the Court 0f whether any particuial‘ Confidentiai Material should be subject t0 protection as “Confidential” under the terms Ofthis Stipulation and Protective Order; 0r ii. t0 seek relief from the Court 0n appropriate notice t0 all other Parties t0 the Proceeding from any provision(s) 0f this Stipulation and Protective Order, either generally 01‘ as t0 any particular Document, Material 0r Information. 11. Any Party t0 the Proceeding who has not executed this Stipulation and Protective Order as Ofthe time it is presented t0 the Court for Signature may thereafter become a Party t0 this Stipulation and Protective Order by its counsel’s signing and dating a copy thereof and filing the same with the Court, and serving copies 0f such signed and dated copy upon the other Parties to this Stipulation and Protective Order. 12. Any Infmmation that may be produced by a 11011-Party witness in discover in the Proceeding pursuant t0 subpoena 01' othenvise may be designated by such 11011-Pa1Ty as “Confidential” under the terms 0f this Stipulation and Protective Order, and any such designation by a 11011-Pa1‘ty shall have the same force and effect, and create the same duties and obligations, as if made by one 0f the undersigned Parties hereto. Any such designation shall also function as a consent by such producing Party t0 the authority 0f the Court in the Proceeding t0 resolve and conclusively determine any motion 01‘ other application made by any person 0r Party with respect t0 such designation, 01‘ any other matter otherwise arising under this Stipulation and Protective Order. 13‘ If any person subject t0 this Stipulation and Protective Order who has custody 0f any Confidential Materiais receives a subpoena 01‘ other process (“Subpoena”) from any govemment 01‘ other person 01‘ entity demanding production ofConfidential Materials, the recipient 0f the Subpoena shall promptly give notice 0f the same by electronic mail transmission, followed by either express mail 01‘ ovemight deiivery t0 counsel 0f record for the Designating -7- {proposed} STIPULATION AND PROTECTIVE ORDER [\J Party, and shail furnish such counsel with a copy 0f the Subpoena. Upon receipt 0f this notice, the Designating Party may, in its sole discretion and at its own cost, move t0 quash 01‘ limit the Subpoena, otherwise oppose production 0f the Confidential Materials, and/or seek t0 obtain confidential treatment 0f such Confidential Materials from the subpoenaing person 01‘ entity t0 the fullest extent available under law. The recipient 0f the Subpoena may not produce any Documents, Testimony 01‘ Information pursuant t0 the Subpoena prior t0 the date specified for production 0n the Subpoena. 14. Nothing in this Stipulation and Protective Order shall be construed t0 preclude either Party from asserting in good faith that certain Confidential Materiais require additional protection. The Parties shall meet and confer t0 agree upon the terms 0f such additional protection. 15. If, after execution Ofthis Stipulation and Protective Order, any Confidential Materials submitted by a Designating Party under the terms 0f this Stipulation and Protective Order is Disclosed by a non-Designating Party t0 any person other than in the manner authorized by this Stipulation and Protective Order, the 11011-Dcsignating Palty responsible for the Disclosure shall bring all pertinent facts relating to the Disclosure 0f such Confidential Materials t0 the immediate attention 0f the Designating Party. 16. This Stipulation and Protective Order is entered into without prejudice t0 the right 0f any Party t0 knowingly waive the applicability 0f this Stipulation and Protective Order t0 any Confidential Materials designated by that Party. Ifthe Designating Party uses Confidential Materials in a 11011-C0nfidential manner, then the Designating Party Shall advise that the designation 110 longer appiies. 17. Where any Confidential Materials, 01' Infmmation derived from Confidential Materials, is included in any motion 0r other proceeding governed by California Rules 0f Coum Rules 2‘550 and 2.551, the pafiy shali follow those rules. With respect t0 discovety motions 01‘ other proceedings not governed by California Rules 0f Court, Rules 2.550 and 2.551, the following shall apply: If Confidential Materials 01‘ 1nfom1ation derived from Confidential} Materials are submitted t0 01' otherwise disclosed to the Court in connection with -8- [proposed] STIPULATION AND PROTECTIVE ORDER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 discovery motions and proceedings, the same Shall be separately filed under seal With the clerk 0f the Court in an envelope marked: “CONFIDENTIAL - FILED UNDER SEAL PURSUANT TO PROTECTWE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.” 18. The Parties shall meet and confer regarding the procedures for use 0f Confidential Materials at trial and shall move the Court for entry 0f an appropriate order. 19. Nothing in this Stipulation and Protective Ordsr shall affect the admissibflity into evidence 0f Confidential Materiais, 01‘ abridge the rights of any person t0 seek judicial review 01‘ t0 pursue other appropriate judicial action with respect t0 any ruling made by the Coum conceming the issue Ofthe status 0f Protected Material. 20‘ This Stipulation and Protective Order shall continue to be binding after the conclusion 0f this Proceeding and 31} subsequent proceedings arising from this Proceeding, except that a Party may seek the written permission 0f the Designating Party 01‘ may move the COUIT for relief from the provisions Of this Stipulation and Protective Order. T0 the extent permitted by law, the Court shall retain jurisdiction t0 enforce, modify, or reconsider this Stipulation and Protective Order, even after the Proceeding is terminated. 21. Upon written request made Within thirty (30) days after the settlement 01' othertermination 0f the Proceeding, the undersigned Parties shall have thirty (30) days t0 either (a) promptiy return t0 counsel for each Designating Party 311 Confidential Materials and ail copies thereof (except that counsel for each Party may maintain in its files, in continuing compliance with the terms 0f this Stipulation and Protective Order, all work product, one copy 0f each pleading filed with the Court, and one copy 0f each deposition together with the exhibits marked at the deposition), (b) agree with counsel for the Designating Party upon appropriate methods and certification 0f destruction 01‘ other disposition 0f such Confidential Materials, 01‘ (c) as t0 any Documents, Testimony 01' other information not addressed by sub-paragraphs (a) and (b); file amotion seeking a (301111 order regarding proper preservation 0f such Materials. T0 the extent permitted by law the Court shall retain continuing jurisdiction t0 review and mic upon the motion referred t0 in sub-paragraph (c) -9- [proposed] STIPULATION AND PROTECTIVE ORDER herein. 22. After this Stipulation and Protective Order has been signed by counsel for all Parties, it shall be presentsd t0 the Court for entry. Counsel agree to be bound by the terms set forth herein with regard t0 any Confidential Materials that have been produced before the Com Signs this Stipulation and Protective Order. 23. The Parties and 211i signatories t0 the Certification attached hereto as Exhibit A agree t0 be bound by this Stipulation 311d Protective Order pending its approval and ently by the Court. Ln the event that the Court modifies this Stipulation and Protective Order, 01‘ in the event that the Court enters a different Protective Order, the Parties agree to be bound by this Stipuiation and Protective Order until such time as the Coufi may enter such a different Order. It is the Parties’ intent t0 be bound by the terms 0f this Stipulation and Protective Order pending its entry so as t0 allow forimmediate production 0f Confidential Materials underthe temls herein. 24. This Stipulation and Protective Order may be executed in countelpafls‘ Dated: AEGIS LAW FIRM, PC By: Chelsea D. Hollins Attomeys for Plaintiff, Kamran Khan Dated: ' Z7, 2fl/ LAW OFFICES 0F ISMAEL D.__P__, Ismael D 456162 Attomeys t01 Defendant, RK Management G10up LLC -10, [proposed] STIPULATION AND PROTECTIVE ORDER Order. Dated: QM GOOD CAUSE APPEARING, the Court hereby approves this Stipulation and Protective IT IS SO ORDERED. H011. Sunil R. Kulkarni -11- [proposed] STIPULATION AND PROTECTIVE ORDER April 29, 2021 omflam-bwwr-A Godam-hUJNHOKDOOMQMLWNHO ORDERM on EXHIBIT A Certification Re Confidential Discovery Materials I hereby acknowledge that I, [NAME], [POSITION AND EMPLOYER], am about t0 receive Confidential Materials supplied in connection with the Proceeding, Khan V. RK Management Group LLC. I certify that I understand that the Confidential Materiais are provided t0 me subject t0 the terms and restrictions 0f 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 t0 be bound by its tenns. I understand that Confidential Materials, as defined in the Stipulation 3nd Protective Order, including any notes 01‘ Other records that may be made regarding any such materials, shall not be Disclosed t0 anyone except as expressly permitted by the Stipulation and Protective Order. I will not copy 01‘ use, except solely for the purposes 0f this Proceeding, any Confidential Materials obtained pursuant t0 this Protective Order, except as provided therein 0r otherwise ordered by the Coufi in the Proceeding I further understand that I am t0 retain all copies 0f all Confidential Materials provided t0 me in the Proceeding in a secure manner, and that all copies 0f such Materials are to remain in my personal custody until termination 0fmy participation in this Proceeding, whereupon the copies 0f such Materials will be returned t0 counsel who provided me With such Materiais. I declare under penalty 0f peijmy, under the laws 0f the State 0f Caiifomia, that the foregoing is true and correct. Executed this day 0f , 20 , at DATED: BY: Signature Title Address City, State, Zip Telephone Number -12- [proposed] STIPULATION AND PROTECTIVE ORDER \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age 0f 18 and not a party to the Within action; am employed With Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On April 28, 2021, I served the foregoing document entitled: 0 [PROPOSED] STIPULATION AND PROTECTIVE ORDER on all the appearing and/or interested parties in this action by placing D the original X a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ismael D. Perez LAW OFFICES OF ISMAEL D. PEREZ 1735 N. First Street, Suite 255 San Jose, CA 951 12 Tel.: 408.293.7100 Fax: 408.293.7745 easy@perezlawoffice.com Attorneysfor Defendants : RKMANAGEMENT GROUP LLC g (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 U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course 0f business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date 0r postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t0 be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(c).) D (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served Via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) I declare under penalty of pteury under the laws 0f the State of California that the foregoing is true and correct. Executed on April 28, 2021, at Irvine, California. a rea Drocco CERTIFICATE 0F SERVICE