Court filing
STIPULATED PROTECTIVE ORDER by Judge Edward M.… — Brooks v. Thomson Reuters Corporation (Dkt. 70)
No. 3:21-cv-01418-EMC · Doc. 70 · Docket on CourtListener
Full text
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 1 of 19
1 Eric H. Gibbs (SBN 178658)
Andre M. Mura (SBN 298541)
2 Jeffrey B. Kosbie (SBN 305424)
GIBBS LAW GROUP LLP
3
505 14th Street, Suite 1110
4 Oakland, California 94612
Telephone: (510) 350-9700
5 Facsimile: (510) 350-9701
ehg@classlawgroup.com
6 amm@classlawgroup.com
jbk@classlawgroup.com
7
8 Attorneys for Plaintiffs and the Proposed Class
9 [Additional counsel on signature page]
10
11 UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
12
SAN FRANCISCO DIVISION
13
14 CAT BROOKS and RASHEED SHABAZZ, Case No. 3:21-cv-1418-EMC
individually and on behalf of all others
15 similarly situated,
STIPULATED [PROPOSED]
16 Plaintiffs, PROTECTIVE ORDER
17 v.
Judge: Hon. Edward M. Chen
18 THOMSON REUTERS CORPORATION,
19 Defendant.
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1 1. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this action are likely to involve production of confidential,
3 proprietary, or private information for which special protection from public disclosure and from use for
4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby
5 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
6 acknowledge that this Order does not confer blanket protections on all disclosures or responses to
7 discovery and that the protection it affords from public disclosure and use extends only to the limited
8 information or items that are entitled to confidential treatment under the applicable legal principles. The
9 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
10 does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
11 procedures that must be followed and the standards that will be applied when a party seeks permission
12 from the court to file material under seal.
13 2. DEFINITIONS
14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information
15 or items under this Order.
16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
17 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule of
18 Civil Procedure 26(c).
19 2.3 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as well
20 as their support staff).
21 2.4 Designating Party: a Party or Non-Party that designates information or items that it
22 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.
24 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or
25 manner in which it is generated, stored, or maintained (including, among other things, testimony,
26 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery
27 in this matter.
28 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the
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1 litigation who has been retained by a Party or its Counsel to serve as an expert witness or as a
2 consultant in this action.
3 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:
4 extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-
5 Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.
6 2.8 In-House Counsel: attorneys who are employees of a party to this action. In-House
7 Counsel does not include Outside Counsel of Record or any other outside counsel.
8 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity
9 not named as a Party to this action.
10 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action but
11 are retained to represent or advise a party to this action and have appeared in this action on behalf of
12 that party or are affiliated with a law firm which has appeared on behalf of that party.
13 2.11 Party: any party to this action, including all of its officers, directors, employees,
14 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
15 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
16 this action.
17 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
18 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
19 or retrieving data in any form or medium) and their employees and subcontractors.
20 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
21 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
23 Producing Party.
24 3. SCOPE
25 The protections conferred by this Stipulation and Order cover not only Protected Material (as
26 defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
27 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
28 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
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1 conferred by this Stipulation and Order do not cover the following information: (a) any information that
2 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public
3 domain after its disclosure to a Receiving Party as a result of publication not involving a violation of
4 this Order, including
5 becoming part of the public record through trial or otherwise; and (b) any information known to the
6 Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a
7 source who obtained the information lawfully and under no obligation of confidentiality to the
8 Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or
9 order.
10 4. DURATION
11 Even after final disposition of this litigation, the confidentiality obligations imposed by this
12 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
13 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
14 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
15 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time
16 limits for filing any motions or applications for extension of time pursuant to applicable law.
17 5. DESIGNATING PROTECTED MATERIAL
18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
19 Non-Party that designates information or items for protection under this Order must take care to limit
20 any such designation to specific material that qualifies under the appropriate standards. To the extent it
21 is practical to do so, the Designating Party must designate for protection only those parts of material,
22 documents, items, or oral or written communications that qualify – so that other portions of the
23 material, documents, items, or communications for which protection is not warranted are not swept
24 unjustifiably within the ambit of this Order.
25 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to
26 be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber
27 or retard the case development process or to impose unnecessary expenses and burdens on other
28 parties) expose the Designating Party to sanctions.
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1 If it comes to a Designating Party’s attention that information or items that it designated for
2 protection do not qualify for protection at all or do not qualify for the level of protection initially
3 asserted, that Designating Party must promptly notify all other parties that it is withdrawing the
4 mistaken designation.
5 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
6 e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
7 Discovery Material that qualifies for protection under this Order must be clearly so designated before
8 the material is disclosed or produced.
9 Designation in conformity with this Order requires:
10 (a) for information in documentary form (e.g., paper or electronic documents, but
11 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix
12 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to
13 each page that contains protected material. If only a portion or portions of the material on a page
14 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
15 making appropriate markings in the margins) and must specify, for each portion, the level of protection
16 being asserted.
17 A Party or Non-Party that makes original documents or materials available for inspection need
18 not designate them for protection until after the inspecting Party has indicated which material it would
19 like copied and produced. During the inspection and before the designation, all of the material made
20 available for inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
21 ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the
22 Producing Party must determine which documents, or portions thereof, qualify for protection under this
23 Order. Then, before producing the specified documents, the Producing Party must affix the appropriate
24 legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each
25 page that contains Protected Material. If only a portion or portions of the material on a page qualifies
26 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
27 appropriate markings in the margins) and must specify, for each portion, the level of protection being
28 asserted.
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1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
2 Designating Party identify on the record, before the close of the deposition, hearing, or other
3 proceeding, all protected testimony and specify the level of protection being asserted. When it is
4 impractical to identify separately each portion of testimony that is entitled to protection and it appears
5 that substantial portions of the testimony may qualify for protection, the Designating Party may invoke
6 on the record (before the deposition, hearing, or other proceeding is concluded) a right to have up to 21
7 days after receipt of a transcript of the deposition or hearing to identify the specific portions of the
8 testimony as to which protection is sought and to specify the level of protection being asserted. Only
9 those portions of the testimony that are appropriately designated for protection within the 21 days shall
10 be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating Party may
11 specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the entire
12 transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
13 EYES ONLY.”
14 Parties shall give the other parties notice if they reasonably expect a deposition, hearing, or
15 other proceeding to include Protected Material so that the other parties can ensure that no person to
16 whom the Protected Material may not be disclosed under this Order is present at those proceedings. The
17 use of a document as an exhibit at a deposition shall not in any way affect its designation as
18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
19 Transcripts containing Protected Material shall have an obvious legend on the title page that the
20 transcript contains Protected Material, and the title page shall be followed by a list of all pages
21 (including line numbers as appropriate) that have been designated as Protected Material and the level of
22 protection being asserted by the Designating Party. The Designating Party shall inform the court
23 reporter of these requirements. Any transcript that is prepared before the expiration of a 21-day period
24 for designation shall be treated during that period as if it had been designated “HIGHLY
25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the
26 expiration of that period, the transcript shall be treated only as actually designated.
27 (c) for information produced in some form other than documentary and for any other
28 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
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1 containers in which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY
2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If only a portion or portions of the information or
3 item warrant protection, the Producing Party, to the extent practicable, shall identify the protected
4 portion(s) and specify the level of protection being asserted.
5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate
6 qualified information or items does not, standing alone, waive the Designating Party’s right to secure
7 protection under this Order for such material. Upon timely correction of a designation, the Receiving
8 Party must make reasonable efforts to assure that the material is treated in accordance with the
9 provisions of this Order.
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or
14 a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
15 confidentiality designation by electing not to mount a challenge promptly after the original designation
16 is disclosed.
17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
18 providing written notice of each designation it is challenging and describing the basis for each
19 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite
20 that the challenge to confidentiality is being made in accordance with this specific paragraph of the
21 Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the
22 process by conferring directly (in voice to voice dialogue; other forms of communication are not
23 sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must
24 explain the basis for its belief that the confidentiality designation was not proper and must give the
25 Designating Party an opportunity to review the designated material, to reconsider the circumstances,
26 and, if no change in designation is offered, to explain the basis for the chosen designation. A
27 Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this
28 meet and confer process first or establishes that the Designating Party is unwilling to participate in the
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1 meet and confer process in a timely manner.
2 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,
3 the parties must submit the dispute in accordance with Judge Edward M. Chen’s Civil Standing Order
4 on Discovery and any other applicable court orders or rules. The Designating Party must provide to the
5 Challenging Party their portion of the joint letter brief required by Judge Chen’s Civil Standing Order
6 on Discovery within 14 days of the parties agreeing that the meet and confer process will not resolve
7 their dispute, and the Parties will work together in good faith to file the joint letter brief within 14 days
8 thereafter. Failure by the Designating Party to provide their portion of the joint letter brief to the
9 Challenging Party within 14 days of the parties agreeing that the meet and confer process will not
10 resolve their dispute shall automatically waive the confidentiality designation for each challenged
11 designation. In addition, the Challenging Party may initiate the dispute process in accordance with
12 Judge Chen’s Standing Order at any time if there is good cause for doing so, including a challenge to
13 the designation of a deposition transcript or any portions thereof. Should discovery matters in this
14 action be assigned to a Magistrate Judge, that Judge’s procedures shall control.
15 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
16 Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary
17 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
18 Designating Party has waived the confidentiality designation by failing to initiate the dispute process as
19 described above, all parties shall continue to afford the material in question the level of protection to
20 which it is entitled under the Producing Party’s designation until the court rules on the challenge.
21 7. ACCESS TO AND USE OF PROTECTED MATERIAL
22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
23 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
24 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the
25 categories of persons and under the conditions described in this Order. When the litigation has been
26 terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL
27 DISPOSITION).
28 Protected Material must be stored and maintained by a Receiving Party at a location and in a
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1 secure manner that ensures that access is limited to the persons authorized under this Order.
2 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
3 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
4 information or item designated “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
6 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
7 this litigation;
8 (b) the Receiving Party’s In-House Counsel, as well as the officers, directors, and
9 employees of the Receiving Party to whom disclosure is reasonably necessary for this litigation;
10 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
11 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to
12 Be Bound” (Exhibit A);
13 (d) the court and its personnel;
14 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
15 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
18 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
19 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
20 deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound
21 by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated
22 Protective Order.
23 (g) the author or recipient of a document containing the information or a custodian or
24 other person who otherwise possessed or knew the information.
25 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
26 Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating
27 Party, a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL
28 – ATTORNEYS’ EYES ONLY” only to:
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1 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
2 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
3 this litigation;
4 (b) In-House Counsel of the Receiving Party to whom disclosure is reasonably
5 necessary for this litigation;
6 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for
7 this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
8 and (3) as to whom the procedures set forth in paragraph 7.4(a)(2), below, have been followed;
9 (d) the court and its personnel;
10 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
11 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
12 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and
13 (f) the author or recipient of a document containing the information or a custodian or
14 other person who otherwise possessed or knew the information.
15 7.4 Procedures for Investigation of Experts.
16 (a) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a Party that
17 seeks to disclose to an Expert (as defined in this Order) any information or item that has been
18 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c)
19 first must confirm with the Expert that (1) the Expert is not currently employed by a Party; (2) the
20 Expert is not employed by a Party’s competitor and at the time of retention not anticipated to become
21 an employee of a Party or a competitor; and (3) the Expert, and all persons working with or for the
22 expert that will receive the Protected Material, have executed the “Acknowledgment and Agreement to
23 be Bound” (Exhibit A).
24 (b) The Expert and all persons working with or for the Expert must complete the
25 sections of the “Acknowledgment and Agreement to Be Bound” (Exhibit A) attesting that (1) the
26 Expert is not currently employed by a Party; and (2) to the best of the Expert’s knowledge, the Expert is
27 not employed by a Party’s competitor and at the time of retention is not anticipated to become an
28 employee of a Party or a competitor. The Receiving Party shall keep and store all such
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1 Acknowledgments and shall provide them to the Designating Party at the conclusion of the litigation if
2 the Court so orders upon showing of good cause by the Designating Party.
3 (c) Nothing in this Protective Order is intended to alter or affect the timing of any expert
4 disclosures in the case schedule.
5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
6 LITIGATION
7 If a Party is served with a subpoena or a court order issued in other litigation that
8 compels disclosure of any information or items designated in this action as “CONFIDENTIAL” or
9 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:
10 (a) promptly notify in writing the Designating Party. Such notification shall include a
11 copy of the subpoena or court order;
12 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
13 other litigation that some or all of the material covered by the subpoena or order is subject to this
14 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
16 Designating Party whose Protected Material may be affected. 1
17 If the Designating Party timely seeks a protective order, the Party served with the
18 subpoena or court order shall not produce any information designated in this action as
19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
20 determination by the court from which the subpoena or order issued, unless the Party has obtained the
21 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking
22 protection in that court of its Protected Material – and nothing in these provisions should be construed
23 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from
24 another court.
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The purpose of imposing these duties is to alert the interested parties to the existence of this Protective
27 Order and to afford the Designating Party in this case an opportunity to try to protect its confidentiality
interests in the court from which the subpoena or order issued.
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1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
2 LITIGATION
3 (a) The terms of this Order are applicable to information produced by a Non-Party in
4 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
5 EYES ONLY”. Such information produced by Non-Parties in connection with this litigation is
6 protected by the remedies and relief provided by this Order. Nothing in these provisions should be
7 construed as prohibiting a Non-Party from seeking additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to produce a
9 Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the
10 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
11 1. promptly notify in writing the Requesting Party and the Non-Party that some or
12 all of the information requested is subject to a confidentiality agreement with a Non-Party;
13 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in
14 this litigation, the relevant discovery request(s), and a reasonably specific description of the information
15 requested; and
16 3. make the information requested available for inspection by the Non-Party.
17 (c) If the Non-Party fails to object or seek a protective order from this court within
18 14 days of receiving the notice and accompanying information, the Receiving Party may produce the
19 Non-Party’s confidential information responsive to the discovery request. If the Non-Party objects or
20 timely seeks a protective order, the Receiving Party shall not produce any information in its possession
21 or control that is subject to the confidentiality agreement with the Non-Party before a determination by
22 the court.2 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
23 seeking protection in this court of its Protected Material.
24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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27 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights
of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this
28 court.
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1 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the
2 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
3 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
4 inform the person or persons to whom unauthorized disclosures were made of all the terms of this
5 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be
6 Bound” that is attached hereto as Exhibit A.
7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
8 MATERIAL
9 When a Producing Party gives notice to Receiving Parties that certain inadvertently
10 produced material is subject to a claim of privilege or other protection, the obligations of the Receiving
11 Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B), as modified or supplemented
12 by the parties’ written agreements. This provision is not intended to modify whatever procedure may be
13 established in an e-discovery order that provides for production without prior privilege review.
14 Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
15 effect of disclosure of a communication or information covered by the attorney-client privilege or work
16 product protection, the parties hereby incorporate their agreement in this stipulated protective order.
17 12. MISCELLANEOUS
18 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
19 modification by the court in the future.
20 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no
21 Party waives any right it otherwise would have to object to disclosing or producing any information or
22 item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any
23 right to object on any ground to use in evidence of any of the material covered by this Protective Order.
24 12.3 Filing Protected Material. Without written permission from the Designating Party or a
25 court order secured after appropriate notice to all interested persons, a Party may not file in the public
26 record in this action any Protected Material. A Party that seeks to file under seal any Protected Material
27 must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
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1 court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local
2 Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at
3 issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a
4 Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5(e) is
5 denied by the court, then the Receiving Party may file the Protected Material in the public record
6 pursuant to Civil Local Rule 79-5(e)(2) unless otherwise instructed by the court.
7 13. FINAL DISPOSITION
8 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
9 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As
10 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
11 summaries, and any other format reproducing or capturing any of the Protected Material. Whether the
12 Protected Material is returned or destroyed, the Receiving Party must submit a written certification to
13 the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day
14 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned
15 or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts,
16 compilations, summaries or any other format reproducing or capturing any of the Protected Material.
17 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion
18 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, written discovery
19 responses, deposition and trial exhibits, expert reports, attorney work product, and consultant and
20 expert work product, even if such materials contain Protected Material. Any such archival copies that
21 contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4
22 (DURATION).
23 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: December 17, 2021 Respectfully submitted,
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26 By: /s/ Andre Mura
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Andre M. Mura (SBN 298541)
28 Eric H. Gibbs (SBN 178658)
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Case No. 3:21-cv-1418-EMC
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 15 of 19
Jeffrey B. Kosbie (SBN 305424)
1 GIBBS LAW GROUP LLP
2 505 14th Street, Suite 1110
Oakland, California 94612
3 Telephone: (510) 350-9700
Facsimile: (510) 350-9701
4 amm@classlawgroup.com
ehg@classlawgroup.com
5
jbk@classlawgroup.com
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Jennifer D. Bennett (SBN 296726)
7 Neil K. Sawhney (SBN 300130)
GUPTA WESSLER PLLC
8 100 Pine Street, Suite 1250
San Francisco, CA 94111
9
Telephone: (415) 573-0336
10 jennifer@guptawessler.com
neil@gutawessler.com
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Benjamin Elga (pro hac vice)
12 JUSTICE CATALYST LAW INC.
81 Prospect Street, 7th Floor
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Brooklyn, NY 11201
14 Telephone: (518) 732-6703
belga@justicecatalyst.org
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Albert Fox Cahn (pro hac vice)
16 SURVEILLANCE TECHNOLOGY
OVERSIGHT PROJECT
17
40 Rector Street, 9th Floor
18 New York, NY 10006
albert@stopspying.org
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Attorneys for Plaintiffs Cat Brooks and
20 Rasheed Shabazz and the Proposed Class
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Case No. 3:21-cv-1418-EMC
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 16 of 19
1 DATED: December 16, 2021 PERKINS COIE LLP
2 By: /s/ Nicola C. Menaldo
Susan D. Fahringer
3 Nicola C. Menaldo, pro hac vice
4 Anna M. Thompson, pro hac vice
1201 Third Avenue, Suite 4900
5 Seattle, WA 98101-3099
Telephone: (206) 359-8000
6 Facsimile: (206) 359-9000
SFahringer@perkinscoie.com
7
NMenaldo@perkinscoie.com
8 AnnaThompson@perkinscoie.com
9 Gabriella Gallego
PERKINS COIE LLP
10 3150 Porter Drive
11 Palo Alto, CA 94304-1212
Telephone: (650) 838-4300
12 Facsimile: (650) 838-4350
GGallego@perkinscoie.com
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Attorneys for Defendant
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Thomson Reuters Corporation
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Case No. 3:21-cv-1418-EMC
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 17 of 19
1 [PROPOSED] ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED.
3
4 DATED: December 17, 2021
_______________ _____________________________________
EDWARD M. CHEN
5 United States District Judge
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Case No. 3:21-cv-1418-EMC
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 18 of 19
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and
5 understand the Stipulated Protective Order that was issued by the United States District Court for the
6 Northern District of California on [date] in the case of Brooks et al. v. Thomson Reuters Corporation,
7 Case No. 3:21-cv-1418-EMC. I agree to comply with and to be bound by all the terms of this Stipulated
8 Protective Order and I understand and acknowledge that failure to so comply could expose me to
9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any
10 manner any information or item that is subject to this Stipulated Protective Order to any person or
11 entity except in strict compliance with the provisions of this Order.
12 I further agree to submit to the jurisdiction of the United States District Court for the
13 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective
14 Order, even if such enforcement proceedings occur after termination of this action.
15 I hereby appoint __________________________ [print or type full name] of
16 _______________________________________ [print or type full address and telephone number] as
17 my California agent for service of process in connection with this action or any proceedings related to
18 enforcement of this Stipulated Protective Order.
19 To be completed by Experts and all persons working with or for an Expert:
20 ___ I am not currently employed by a Party to this Action.
21 ___ To the best of my knowledge, I am not currently employed by a Party’s competitor
22 and do not anticipate becoming an employee of a Party or a Party’s competitor.
23 Date: _______ City and State where sworn and signed: _________________________________
24 Printed name: ______________________________
25 [printed name]
26 Signature: __________________________________
[signature]
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Case No. 3:21-cv-1418-EMC
Case 3:21-cv-01418-EMC Document 70 Filed 12/17/21 Page 19 of 19
1 ATTESTATION
2 Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document
3 has been obtained from the other signatory.
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5 /s/ Andre Mura
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Case No. 3:21-cv-1418-EMC
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