OrderCal. Super. - 6th Dist.November 23, 2020on 8/13/2021 11:14 AM Reviewed By: A. Nakamoto Envelope: 7058101 EFS-020 ATTORNEY 0R PARTY WITHOJTATTmNEY: STATE BAR No; FOR COURT USE ONLY Merton A. How ard, SBN 161125 Shannon M. Neisser, SBN 267644, NAME: Elen K. Den’son, SBN 324222 FIRM NAME;Hanson Bridgett, LLP STREET ADDREss425 Market Street, 26th Fl. CITY;San Francisco STATE: CA ZIPCODE: 94105 TELEPHONE No.: 41 5777-3200 FAX No; 41 5-541 -9366 E.MA.._ADDRESSmhoward@hansonbridgett.com AwORNEY FOR (Ham; Defendant The Whiting Turner Contracting Co. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS 161 N. First Street MAILING ADDRESS: CITYAND ZIP CODE:San Jose 951 13 BRANCH NAME: CASE NUMBER: PLAINTIFF/PETITIONER: Alonso Hernandez 20CV373930 . - - - JUDICIALomLmDEFENDANT/RESPONDENT. Defendant, The Whltlng Turner Contracting Co. Hon. Peter Kirwan OTHER: DEPT: PROPOSED ORDER (COVER SHEEI') 19 NOTE This coversheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and rmst be attached to this coversheet. In addition, a version of the proposed order in an editable word-processing format rmst be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Narre of the party subm'tting the proposed order: Defendant, THE WHITING TURNER CONTRACTING COMPANY 2. Title ofthe proposed order: [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 3. The proceeding towhichthe proposed order relates is: N/A a. Description of proceeding: N/A b. Date and time: N/a c. Place: N/A 4. The proposed order was served on the other parties in the case. No, signed by both parties 8/ 1 3/21 > (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) Page 1 of 2 F°',m,Ad°Pt9d Tor Mangamfyuse PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, E&fitfifi‘i‘fégfiflfywzaom (Electronic Fi I ing) J/‘fl/emigbiirzs‘gigle American LegflNet, Inc. www.FormsWorld4‘low.oon' , EFS-020 CASE NAME: CASE NUMBER: Alonso Hernandez v. Whiting-Turner Construction Co., et al. ZOCV373930 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. a. My residence or business address is (specify): Business Address: 425 MarketStreet, 26th F|., San Francisco, CA 94105 b. My electronic service address is (specify): ypete@hansonbridgett.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF forrrat attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party or parties represented should also be stated): Attorneys for Plaintiff, Alonso Hernandez Jonathan E. Davis Zachariah Hansen b. To (electronic service address ofperson served): jed@arns|aw.com; zdh@arns|aw.com c. On (date): 8/13/21 X Eectronic service of the Proposed Order (Cover Sheet) withthe attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachrr‘ent. | declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Date: 8/13/21 Yvonne M. Pete y gV/m m £9“- (TYPE OR PRINT NAME OF DEGARANT) a (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) (Electronic Filing) Page 2 of 2 American LegalNd, Inc. www‘FormsWorldflowson' 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HANSON BRIDGETT LLP SHANNON M. NESSIER, SBN 267644 snessier@hans0nbridgett.com ELLEN K. DEMSON, SBN 324222 edemson@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 Attorneys for Defendant, THE WHITING TURNER CONTRACTING COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ALONSO HERNANDEZ, Case N0. 20CV373930 Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE V. TREATMENT OF CONFIDENTIAL INFORMATION THE WHITING TURNER CONTRACTING COMPANY; and DOES 1 t0 100, inclusive, Action Filed: November 23, 2020 Trial Date: None Defendants. T0 expedite the production 0f confidential, proprietary, or private information for which special protection from public disclosure is necessary, t0 facilitate the prompt resolution 0f disputes over confidentiality of such information, t0 adequately protect information the parties are entitled t0 keep confidential, to ensure that only the materials the parties are entitled t0 keep confidential are subject t0 such treatment, and t0 ensure that the parties are permitted reasonably necessary uses of confidential material in preparation for and in the conduct 0f this litigation, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order (“Order” or “Protective Order”). It is hereby ORDERED THAT: I. INFORMATION SUBJECT TO THIS ORDER A. Protected Information Gene rally 1. A11 documents, tangflale things, physical objects, written discovery responses, testimony, or other information produced by the producing party in this litigation is _ 1- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION XXXXXXXXX Filed August 26, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373930 By: lnguyen 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considered “Discovery Material.” Each 0f the identified categories of confidential Discovery Material shall be identified collectively in this Order as “Protected Information.” This Order applies not only to Discovery Material produced in this litigation, but also to any information copied or extracted therefrom 0r otherwise reflecting Protected Information, in any form. Any Discovery Material containing 0r including Protected Information may be designated as such by the producing party by marking it “CONFIDENTIAL” or “CONFIDENTIAL - OUTSIDE COUNSEL ONLY” prior t0 0r at the time copies are furnished t0 the receiving party, and shall be treated in accordance With the terms 0f this Order. 2. A11 Protected Information not reduced t0 documentary, tanglble 0r physical form, 0r Which cannot be conveniently designated as set forth in paragraph I.A.1 0r pursuant t0 another confidentiality designation set forth in this Order, shall be designated by the producing party by informing the receiving party of the designation in writing. 3. Any Discovery Material (including physical objects and tanglble things) made available for inspection by counsel for the receiving party prior t0 producing copies 0f items selected by the receiving party shall initially be considered, as a whole, to constitute Protected Information (unless otherwise designated at the time 0f inspection) and shall be subject to this Order. Thereafter, the producing party shall have a reasonable time t0 review and designate the appropriate documents as CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY prior t0 furnishing copies t0 the receiving patty. 4. Any Protected Information that is Obtained by any party from any person pursuant to discovery in this litigation (not including information that is publicly available) shall be used solely for purposes of this litigation. 5. Nothing in this Order shall limit any producing party’s use 0r disclosure of its own Protected Information. 6. The following Discovery Material is not Protected Information: a. Any Discovery Material that is or, after its disclosure t0 a receiving party, becomes part of the public domain as a result 0f publication not involving a Violation 0f this Order 0r other obligation t0 maintain the confidentiality of such material; -2- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Any Discovery Material that the receiving party can show was already publicly known prior t0 the disclosure; and, c. Any Discovery Material that the receiving party can show by written records was received by it from an alternate source that obtained the material lawfully and under n0 obligation 0f confidentiality t0 the producing party. B. Protected Information Designated Confide ntial 1. For purposes 0f this Order, and subject to Rules 8.45, 8.46, 8.47, 2.550, 2.551, and 2.585 0f the California Rules of Court, 0r under other provisions of California law, Protected Information designated CONFIDENTIAL shall mean all Discovery Material produced for 0r disclosed in connection with this action t0 a receiving party that constitutes confidential or commercially sensitive technical, sales, marketing, personal, 0r financial information 0f the producing party (including any party t0 this action and any non-party producing information 0r material voluntarily 0r pursuant t0 a subpoena 0r a court order in connection With this action), 0r information that the producing party is under a legal Obligation t0 maintain as confidential, whether embodied in documentary, tanglble or physical form, or the factual knowledge 0f persons, and which has been so designated by the producing patty. 2. Protected Information designated CONFIDENTIAL and the contents therein shall be available only to: a. Outside litigation counsel 0f record and supporting personnel employed in the law firm(s) 0f outside litigation counsel 0f record, such as attorneys, paralegals, legal translators, legal secretaries, law clerks, project managers and litigation support personnel; b. Plaintiff, Defendants, and the Defendants’ officers, directors, and employees t0 Whom disclosure is reasonably necessary for this litigation, including in-house counsel who are members of at least one state bar in good standing, and supporting personnel employed by the legal department of any party t0 thjs litigation; c. Independent contractors engaged by counsel 0f record for the parties, t0 the extent reasonably necessary t0 assist such counsel in connection with thjs litigation, including but not limited t0 (i) independent stenographic reporters and Videographers retained to -3- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 record and transcnbe testimony in connection With this action; (ii) graphics or design services retained by counsel for purposes 0f preparing demonstrative or other exhflaits for deposition, trial, 0r other court proceedings in the action; and (iii) electronic discovery vendors retained to assist with the organization and management 0f electronic discovery; (iv) experts and non-attorney consultants retained by the parties for the preparation 0f this case for trial, provided that such persons or entities in subsections (i)-(iV) above, have first been given a copy of this Order and have executed the Confidentiality Agreement attached hereto as Attachment A; d. Any fact Witness during the course 0f a deposition; and e. The Court, its personnel, and any other person (such as a master or mediator) Who serves in a judicial or quasi-judicial function, professional stenographjc reporters engaged to transcrfloe testimony (under seal or With other suitable precautions determined by the Court), and jurors. C. Protected Information Designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY 1. For purposes of this Order, and subject to Rules 8.45, 8.46, 8.47, 2.550, 2.551, and 2.585 0f the California Rules 0f Court, 0r under other provisions of California law, Protected Information designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY shall mean Protected Information that contains extremely sensitive information, the disclosure of which t0 another patty would create a risk of competitive injury that could not be avoided by less restrictive means. Protected Information designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY includes, but is not limited to: (i) marketing, financial, sales, web traffic, research and development, or technical, data or information; (ii) commercially sensitive competitive information, including, without limitation, information obtained from a nonpal’ty pursuant t0 a current Nondisclosure Agreement (“NDA”); (iii) information 0r data relating to future products not yet commercially released and/or strategic plans; (iv) trade secret, 0r other confidential research and development information; and (V) commercial agreements, settlement agreements 0r settlement communications, the disclosure of which is likely to cause harm t0 the competitive position 0f the producing party. -4- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Protected Information alternatively designated “CONFIDENTIAL OUTSIDE ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL” shall be treated as if designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY. In determining Whether Protected Information should be designated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY, each party agrees t0 use such designation only in good faith. 3. Protected Information designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY and the contents therein shall be available only to the persons 0r entities listed in paragraphs I.B.2.a, c, d, and e, subject t0 any terms set forth 0r incorporated therein, and not t0 any person or entity listed in paragraph I.B.2.b. II. USE OF PROTECTED INFORMATION AT HEARINGOR TRIAL The following provisions govern the treatment 0f Protected Information used at hearing 0r trial or submitted as a basis for adjudication 0f matters other than discovery motions 0r proceedings. These provisions are subject t0 Rules 8.46, 2.550, 2.551, and 2.585 0f the California Rules of Court and must be construed in light 0f those Rules. 1. A party that files With the Court, or seeks t0 use at trial, materials designated as Protected Information, and Who seeks t0 have the record containing such information sealed, shall submit to the Court a motion t0 seal, pursuant t0 California Rule 0f Court 2.551. 2. A party that files With the Court, or seeks to use at any hearing or trial, materials designated as Protected Information by anyone other than itself, and Who does not seek t0 have the record containing such information sealed, shall comply With either 0f the following requirements: a. The submitting party shall provide a minimum 0f ten (10) business days’ notice to the producing party 0f the submitting party’s intention to file 0r use the Protected Information, including specific identification 0f the Protected Information. The producing party may then file a motion t0 seal, pursuant t0 California Rule of Court 2.551. Subject t0 challenges under section III, the parties Will not oppose any reasonable request by the producing party that the courtroom be sealed, if allowed by the Court, during the presentation of any testimony, evidence, 0r argument relating to or involving the use of any Protected Information; or -5- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. At the time of filing or desiring t0 use the Protected Information, the submitting party shall submit the materials pursuant to the lodging-under-seal provision 0f California Rule 0f Court 2.551(d). Any affected party or non-party may then file a motion to seal, pursuant t0 California Rule of Court 2.551(b), Within ten (10) business days after such lodging. Documents lodged pursuant t0 California Rule 0f Court 2.551(d) shall bear a legend stating that such materials shall be unsealed upon the expiration of ten (10) business days, absent the filing of a motion t0 sealpursuant t0 Rule 2.551(b) 0r Court order. 3. In connection with a request t0 have materials sealed pursuant to Sections 11(1) or 11(2), the moving party’s declaration pursuant t0 California Rule of Court 2.551(b)(1) shall contain sufficient particularity With respect t0 the particular Protected Information and the basis for sealing t0 enable the Court t0 make the findings required by California Rule 0f Court 2.550(d) Without being required to review eachitem of Protected Information. III. CHALLENGES TO CONFIDENTIALITYDESIGNATIONS A. Use ofRe asonable Care and N0 Waiver The parties shall use reasonable care When designating Protected Information. Nothing in this Order shall prevent a receiving party from contending that any Protected Information has been improperly designated. A receiving party may at any time request that the producing party cancel or modify the Protected Information designation with respect t0 any document or any information contained therein. B. Obje ctions t0 Confide ntiality Designations A party shall not be obligated t0 challenge the propriety of a designation of any category of Protected Information at the time 0f production, and a failure to d0 so shall not preclude a subsequent challenge thereto. In the event that a party objects to the designation 0f Protected Information, such a challenge shall be written, shall be served 0n counsel for the producing party, and shall particularly identify the Protected Information that the receiving party contends should be differently designated. The parties shall use their best efforts to resolve promptly and informally such disputes and shall advise one another of both the factual and legal basis for their respective positions. If an agreement cannot be reached Within twenty-one (21) days, the -6- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 receiving party shall request that the Court cancel 0r modify a designation. The burden 0f demonstrating the confidential nature 0f Protected Information shall at all times be and remain 0n the designating party. C. Tre atme nt 0f Protected Information During Challenge t0 a Designation Unless otherwise resolved by agreement between the parties, until a determination by the Court, the Protected Information in issue shall be treated as having been properly designated and subject t0 the terms 0f thjs Order. Notwithstanding any challenge to the designation 0f material as Protected Information, all documents shall be treated as such and shall be subject t0 the provisions 0f this Order unless and until either (1) the party who claims that the material is Protected Information withdraws such designation in writing; or (2) the Court rules the material is not Protected Information. D. Production 0f Mate rial After Change T0 Designation Whether by determination 0f the designating party, agreement 0f the parties, 0r ordered by the Court, should the designation 0f any particular material as Protected Information be changed, the designating party shall produce a version 0f that document that reflects the changed designation status (e.g., removal 0f CONFIDENTIAL marking, or change from CONFIDENTIAL - OUTSIDE COUNSEL ONLY t0 CONFIDENTIAL, etc.) Within a reasonable time after the change to the material's designation. IV. LIMITATIONS ON THE USE OF PROTECTED INFORMATION A. Restrictions on Use A11 Discovery Material shall be used only for purposes 0f this litigation and shall not be used for any business purpose 0r in connection with any other legal proceeding. A11 Protected Information shall be held in confidence by each person t0 whom it is disclosed and shall not be disclosed to any person who is not entitled t0 receive such Protected Information as herein provided. A11 produced Protected Information shall be carefully maintained so as t0 preclude access by persons Who are not entitled t0 receive such Protected Information. B. Examinations and Court Filings Conceming Protected Information -7- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Except as may be otherwise ordered by the Court, any person may be examined as a Witness at depositions and trial and may testify concerning all Protected Information 0f Which such person has prior knowledge. Without in any way limiting the generality of the foregoing: 1. A present director, officer, and/or employee 0f a producing patty may be examined and may testify concerning all Protected Information Which has been produced by that party and of which the witness has personal knowledge; 2. A former director, officer, agent and/or employee 0f a producing party may be interviewed, examined and may testify concerning all Protected Information of which he or she has personal knowledge, including any Protected Information that refers to matters 0f which the witness has personal knowledge, which has been produced by that patty and which pertains t0 the period 0r periods 0f his 0r her employment; and 3. Non-parties may be examined 0r testify concerning any Protected Information 0f a producing party, Which appears 0n its face 0r from other documents 0r testimony t0 have been received from 0r communicated to the non-party as a result 0f any contact or relationship with the producing party or a representative 0f the producing party. Any person other than the witness, his or her attorney(s), 0r any person qualified t0 receive Protected Information under this Order shall be excluded from the portion 0f the examination concerning such Protected Information, unless the producing party consents to persons other than qualified recipients being present at the examination. If the witness is represented by an attorney Who is not qualified under thjs Order t0 receive such Protected Information, then prior t0 the examination, the attorney must provide a signed statement, in the form 0f Attachment A hereto, that he or she will comply with the terms of this Order and maintain the confidentiality 0f Protected Information disclosed during the course 0f the examination. In the event that such attorney declines t0 sign such a statement prior to the examination, the parties, by their attorneys, shall jointly seek a protective order from the Court prohlbiting the attorney from disclosing Protected Information. 4. Every fact Witness shall be informed at the start 0f a deposition that he 0r she may be shown documents designated as Protected Information in this litigation, and that such Protected Information and the contents therein are being furnished t0 the witness solely for use in -8- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this litigation. Every fact Witness shall be shown a copy 0f this Order. N0 fact witness may retain any documents designated as Protected Information. 5. A11 transcripts 0f depositions, exhfloits, answers t0 interrogatories, pleadings, briefs, and other documents submitted to the Court that have been designated as Protected Information, 0r Which contain information so designated, shall be filed under seal in a manner set forth by the California Rules 0f Court and Local Rules of this Court. This Protective Order creates n0 right to file Protected Information under seal. To avoid unnecessary sealing 0f Court records and motion practice relating to sealed filings, any party preparing a filing With the Court that may contain Protected Information may identify t0 the producing party 0r non-party the specific Protected Information at issue and request a waiver 0f the confidentiality protections for that specific Protected Information. Upon receipt 0f such a request t0 waive confidentiality protections, the producing party 0r non-party shall respond in good faith Within two (2) business days. 6. Outside attorneys 0f record for the parties are hereby authorized to be the persons who may retrieve confidential exhibits and/or other confidential matters filed With the Court upon termination of this litigation Without further order 0f this Court, and are the persons to Whom such confidential exhlbits 0r other confidential matters may be returned by the Clerk 0f the Court, if they are not so retrieved. No material or copies thereof so filed shall be released, except by order 0f the Court, to outside counsel of record, 0r as otherwise provided for hereunder. 7. Protected Information shall not be copied 0r otherwise produced by a receiving party, except for transmission t0 qualified recipients, without the written permission 0f the producing patty, 01‘, in the alternative, by further order 0f the Court. Nothing herein shall, however, restrict a qualified recipient from making working copies, abstracts, digests and analyses 0f Protected Information designated CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY for use in connection with thjs litigation, and such working copies, abstracts, digests and analyses shall be deemed Protected Information under the terms 0f this Order. Further, nothjng herein shall restrict a qualified recipient from converting or translating Protected Information designated CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY -9- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 17422297.4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 into machine-readable form for incorporation into a data retrieval system used in connection with this action, provided that access t0 that Protected Information, in Whatever form stored 0r reproduced, shall be limited t0 qualified recipients. 8. Testimony given at deposition may be designated as Protected Information by outside litigation counsel 0f record by making a statement orally t0 that effect and specifying the level 0f protection being asserted on the record at any time during the deposition. Within twenty (20) business days 0f receipt of the final certified transcript 0f any deposition, the producing party may request that the original and all copies 0f the deposition transcript, in Whole 0r in part, be marked CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY. Confidential designations shall be made by notifying all parties in writing 0f the specific pages and lines 0f the transcript that should be treated as Protected Information. Deposition transcripts shall be treated by default as CONFIDENTIAL - OUTSIDE COUNSEL ONLY until the expiration 0f the time t0 make a confidentiality designation unless otherwise agreed t0 by the parties. Any portions so designated shall thereafter be treated in accordance with the terms 0f this Order. Objections t0 confidentiality designations under thjs paragraph shall be governed by the procedure set forth in section III above. C. Unauthorized Dis closure ofProte cted Information If a receiving party learns that, by inadvertence or otherwise, it has disclosed Protected Information to any person or in any circumstance not authorized under this Order, the receiving party must immediately: (i) notify in writing the producing party 0f the unauthorized disclosure(s); (ii) use its best efforts t0 retrieve all copies 0f the Protected Information; (c) inform the person or persons t0 whom unauthorized disclosures were made 0f all the terms 0f thjs Order; and (d) request that such person 0r persons execute the confidentiality agreement attached hereto as Attachment A. Compliance with this paragraph IV.C upon the discovery of an unauthorized disclosure of Protected Information is mandatory and shall not excuse a Violation 0f this Order 0r exempt a Violating party from sanctions pursuant t0 paragraph IV.D below. D. Violations -10- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 17422297.4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If any party violates the limitations on the use 0f Protected Information as descrlbed in this section IV, the party Violating this Order shall be subject t0 sanctions as ordered by the Court. In the event motion practice is required t0 enforce the terms of this Order, the prevailing party on such a motion shall be awarded costs, expenses, and fees, including attorney 0r other professional fees, incurred in connection With the discovery of the Violation and the preparation, filing, and arguing of the motion or any other proceedings resulting from the Violation. V. NON-PARTY USE OF THIS PROTECTIVE ORDER A. Purpose A non-party producing Discovery Material voluntarily or pursuant to a subpoena or a court order may designate such Discovery Material as Protected Information pursuant t0 the terms of this Protective Order. B. Non-Party Access A non-party’s use 0f this Protective Order t0 protect its Protected Information does not entitle that non-party access to the Protected Information produced by any party 0r non-party in this case. VI. NO WAIVER OF PRIVILEGE Nothing in this Protective Order shall require production 0f information that a party contends is protected from disclosure by the attorney-client privilege, the work product immunity 0r other privilege, doctrine, right, or immunity. Disclosures among defendants’ attorneys of work product 0r other communications relating t0 issues 0f common interest shall not affect 0r be deemed a waiver of any applicable privilege 0r protection from disclosure. The production 0f a privileged 0r work-product-protected document shall not be a waiver 0f privilege or protection from discovery in thjs case 0r in any other federal 0r state proceeding. For example, the mere production of privilege or work-product-protected documents in this case as part 0f a mass production is not itself a waiver in this case 0r any other federal 0r state proceeding. A producing party may assert privilege 0r protection over produced documents at any time by notifying the receiving party in writing of the assertion of privilege or protection. In addition, information that -11- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contains privileged matter or attorney work product shall be immediately returned if such information appears 0n its face to have been inadvertently produced. VII. MISCELLANEOUS PROVISIONS A. Waiver Any 0f the notice requirements herein may be waived, in Whole 0r in part, but only in writing signed by the attorney-in-charge for the party against Whom such waiver Will be effective. B. Inadverte nt 0r Uninte ntional Production 0fProtected Information Inadvertent or unintentional production of documents or things containing Protected Information which are not designated as one or more 0f the categories 0f Protected Information at the time 0f production shall not be deemed a waiver in Whole 0r in part of a claim for confidential treatment. With respect to documents, the producing party shall immediately upon discovery notify the other parties of the error in writing and provide replacement pages bearing the appropriate confidentiality legend. In the event of any disclosure 0f Protected Information other than in a manner authorized by this Protective Order, including any unintentional 0r inadvertent disclosure, counsel for the party responsflfle for the disclosure shall immediately notify opposing counsel of all 0f the pertinent facts regarding the inadvertent disclosure, and make every effort t0 further prevent unauthorized disclosure including, retrieving all copies 0f the Protected Information from the recipient(s) thereof, and securing the agreement of the recipients not t0 further disseminate the Protected Information in any form. Compliance with the foregoing shall not prevent the producing party from seeking further relief from the Court. C. Conclus ion 0f Litigation Within sixty (60) business days after the entry 0f a final non-appealable judgment or order, 0r the expiration 0f the deadline for any party t0 appeal any final judgment 0r order, 0r the complete settlement of all claims asserted against all parties in thjs action, each party shall, at the option of the producing party, either return 0r destroy all physical objects and documents Which embody Protected Information it has received, and shall destroy in Whatever form stored 0r reproduced, all physical objects and documents, including but not limited to, correspondence, memoranda, notes and other work product materials, Which contain or refer t0 any category 0f -12- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Protected Information. A11 Protected Information not embodied in physical objects and documents shall remain subject t0 this Order. In the event that a party is dismissed before the entry 0f a final non-appealable judgment 0r order, this same procedure shall apply to any Protected Information received from or produced t0 the dismissed party. Notwithstanding this provision, outside litigation counsel 0f record are not required t0 delete Protected Information that may reside 0n their respective firm’s electronic back-up systems that are over-Written in the normal course of business. Notwithstanding the foregoing, outside counsel shall be entitled to maintain two (2) copies 0f all pleadings, motions and trial briefs (including all supporting and opposing papers and exhlbits thereto), written discovery requests and responses (and exhibits thereto), deposition transcripts (and exhlbits thereto), trial transcripts, and exhlbits offered 0r introduced into evidence at any hearing 0r trial, and their attorney work product Which refers or is related t0 any Protected Information designated CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY for archival purposes only. If the producing party opts to have Protected Information designated CONFIDENTIAL 0r CONFIDENTIAL - OUTSIDE COUNSEL ONLY destroyed, the party must provide a Certificate of Destruction to the producing party. D. Subpoenas If at any time documents containing Protected Information are subpoenaed by any court, arbitral, administrative or legislative body, or are otherwise requested in discovery, the person to whom the subpoena or other request is directed shall immediately give written notice thereof t0 every party 0r non-party Who has produced such documents and t0 its counsel, and shall provide each such party With an opportunity to object to the production 0f such documents. If a producing patty does not take steps t0 prevent disclosure 0f such documents Within ten (10) business days 0f the date written notice is given, the party t0 Whom the referenced subpoena is directed may produce such documents in response thereto, but shall take all reasonable measures to have such documents treatedin accordance with terms of this Protective Order. E. Communications with Testifying Expe rts Testifying experts shall not be subject to discovery of any draft of their reports in this case and such draft reports, notes, outlines, 0r any other writings leading up t0 an issued report(s) in -13- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this litigation are exempt from discovery. In addition, all communications between counsel for a party and that party’s testifying expert, and all materials generated by a testifying expert with respect to that person’s work, are exempt from discovery unless they relate t0 the expert’s compensation 0r identify facts, data or assumptions relied upon by the expert in forming any opinions in this litigation and such information is not already disclosed in the expert’s report. F. Modification of Prote ctions This Order is entered Without prejudice t0 the right of any party, either by agreement with other parties t0 this action, 0r by applying t0 the Court if agreement cannot be reached among 1mmgmwmmwfimmpMWmmmmmmmmmWMMmmmMMEfimEm®mmm convenience or necessity requires. Furthermore, without application to the Court, any party that is a beneficiary 0f the protections of thjs Order may enter a written agreement releasing any other party hereto from one or more requirements 0f this Order even if the conduct subject t0 the release would otherwise Violate the terms herein. G. N0 Agreeme nt Concerning Discoverability The identification or agreed upon treatment 0f certain types of Discovery Material does not reflect agreement by the parties that the disclosure 0f such categories 0f Discovery Material is required 0r appropriate in thjs action. The parties reserve the right t0 argue that any particular category 0f Discovery Material should not be produced. H. N0 Limitation 0n Legal Repre sentation Nothing in this Protective Order shall preclude 0r impede outside litigation counsel 0f record’s ability t0 communicate with or advise their client in connection with this litigation based on such counsel’s review and evaluation of Protected Information, provided however, that such communications or advice shall not disclose 0r reveal the substance or content 0f any Protected Information other than as permitted under this Protective Order. I. Agreement Upon Exe cution Each 0f the parties agrees t0 be bound by the terms 0f this Protective Order as 0f the date counsel for such party executes this Protective Order, even if prior to entry 0f this order by the Court. _ 14- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION 174222974 \DOONQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Inte rpre tation, Enforceme nt and Continuing Juris diction The Superior Court 0f the State 0f California for the County 0f Santa Clara is responsflfle for the interpretation and enforcement of this Protective Order. After termination of this litigation, the provisions of this Protective Order shall continue t0 be binding except with respect t0 that Discovery Material that becomes a matter of public record. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Information for enforcement of the provisions 0f this Protective Order following termination 0f this litigation. All disputes concerning Protected Information produced under the protection of this Protective Order shall be resolved by the Superior Court of the State of California for the County 0f Santa Clara. DATED: August 6, 2021 HANSON BRIDGETT LLP By:W SHANNON M. NESSIER ELLEN K. DEMSON Attorneys for Defendant, THE WHITING TURNER CONTRACTING COMPANY August 3 DATED: fuly- , 2021 THE ARNS LAW FIRM JONATHAN E. DAVIS ZACHARIAH HANSEN MARY BACELIS ELISA CARBAHAL Attorneys for Plaintiff, ALONSO HERNANDEZ IT IS SO ORDERED. DATED: JUDGE OF THE SUPERIOR COURT -15- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTL‘XL INFORMATION 25 August 2021 Socrates Peter Manoukian Signed: 8/25/2021 08:39 PM 17422297.4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A TO THE STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION CONFIDENTIALITYAGREEMENT 1. My name is I reside at My present occupation 0r job description is 2 3. My present employer is 4 5 Ihave been engaged as on behalf of in the preparation and conduct 0f litigation styled Alonso Hernandez v. The Whiting Turner Contracting Company, et al., in the Superior Court 0f the State 0f California for the County 0f Santa Clara. 6. Ihave received a copy 0f the Stipulated Protective Order dated .20_, and I have carefully read and understand its provisions. I agree t0 comply With and be bound by all the provisions 0f said Order. Iunderstand thatI am to retain all copies of any documents designated as CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY, 0r any similar designation, in a secure manner and in accordance with the terms 0f said Order, and that all copies are to remain in my personal custody until Ihave completed my assigned duties, whereupon the copies and any writings prepared by me containing any information containing any Protected Information or documents designated CONFIDENTIAL or CONFIDENTIAL - OUTSIDE COUNSEL ONLY, 0r any similar designation, are to be returned to counsel Who provided me with such material. 7. Iwill not divulge Protected Information to persons other than those specifically authorized by said Order, and Iwill not copy or use except solely for the purpose 0f this action, any Protected Information obtained pursuant to said Order, except as provided in said Order. I also agree to notify any stenographic 0r clerical personnel Who are required t0 assist me 0f the terms of said Order. 8. I state under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. By: Executed 0n , 20 -16- [PROPOSED] STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION
