Contract analysis

I. PREAMBLE / PARTIES TO THE STIPULATION The undersigned parties, by and through their respective counsel of record, hereby stipulate and agree as follows regarding the entry of a protective order governing confidential information in this consolidated action: Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla ("Plaintiffs"), by and through their counsel of record, Castellano Byrne & Salas LLP (Marco Cas

II. RECITALS AND BACKGROUND A. The Parties anticipate producing and exchanging substantial volumes of documents, testimony, electronically stored information ("ESI"), and other materials in the course of fact and expert discovery in this consolidated wage-and-hour class action and related PAGA representative claims. Discovery in this matter is expected to be extensive, encompassing multiple categories of business rec

III. AGREEMENT AND STIPULATED TERMS NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, the Parties stipulate and agree to the following terms and conditions: A. Definitions. As used in this Stipulation and in any Protective Order entered by the Court incorporating these terms, the following terms shall have the meanings set forth below: 1. "Confidential Information.

1. General Scope. This Stipulation and the resulting Protective Order shall apply to all documents, ESI, interrogatory responses, responses to requests for admission, responses to requests for production of documents, deposition testimony (whether oral or upon written questions), declarations, affidavits, and any other information or materials produced, disclosed, or generated in this action, regardless of the medium

2. Third-Party Productions. This Stipulation and the resulting Protective Order shall apply with equal force to information produced by non-parties in response to subpoenas duces tecum, deposition subpoenas, or other lawful discovery process issued in this action. Non-party productions subject to this Stipulation include, but are not limited to, productions by NovaPay Solutions Inc., Marlowe Asset Management Litigati

3. Exclusions. Notwithstanding any designation made under this Stipulation, the protections afforded by this Stipulation and the resulting Protective Order shall not apply to information that: (a) Is or becomes publicly available through no fault of, and without any act or omission by, the Receiving Party, including information that is contained in publicly filed court documents, public records, published materials,

1. Method of Designation — Documents. The Producing Party shall designate documents as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by stamping, labeling, or otherwise marking each page of the document with the appropriate designation in a manner that is clearly legible and readily identifiable. For documents produced in hard copy, the designation shall appear on each page of the document. For ESI produ

2. Method of Designation — Testimony. At depositions taken in this action, the designating Party or non-party may designate deposition testimony as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by making an oral statement on the record that specific portions of the testimony are subject to the protections of this Stipulation and the resulting Protective Order. The designating Party shall identify on the

3. Method of Designation — Discovery Responses. The Producing Party may designate interrogatory responses, responses to requests for admission, and other written discovery responses as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY by marking the face page or the relevant pages of the response with the appropriate designation. If a response incorporates or references Designated Material produced by anothe

4. Good Faith Requirement. All designations under this Stipulation must be made in good faith and must be reasonably limited to information that the designating Party or non-party genuinely and reasonably believes qualifies for protection under the applicable standard. The Parties acknowledge that mass designations, blanket designations, or designations applied indiscriminately to entire categories of documents witho

1. CONFIDENTIAL Information — Permitted Recipients. Information designated as CONFIDENTIAL may be disclosed only to the following persons and entities: (a) Counsel of record for any Party, including partners, of counsel, associates, contract attorneys, paralegals, legal assistants, secretaries, clerks, and other support staff employed by or working under the direction of Castellano Byrne & Salas LLP, Veltrano Employm

2. HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY Information — Permitted Recipients. Information designated as HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY may be disclosed only to the following, more limited group of persons and entities: (a) Outside Counsel of record for any Party only, including partners, of counsel, associates, contract attorneys, paralegals, legal assistants, and support staff working under the direc

3. Restriction on Use. All Designated Material, whether designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, shall be used solely and exclusively for purposes of this litigation, including related settlement negotiations, mediation, and any appellate proceedings arising from this action. No person receiving Designated Material shall use such material for any business, competitive, commercial, per

1. General Obligation. All persons who receive Designated Material pursuant to this Stipulation shall maintain such material in a secure manner and shall exercise reasonable care to prevent the disclosure, dissemination, or distribution of Designated Material to any person who is not authorized to receive it under the terms of this Stipulation and the resulting Protective Order.

2. Electronic Copies. Electronic copies of Designated Material, including but not limited to document images, native files, databases, spreadsheets, and review platform data, shall be stored on password-protected devices, encrypted storage media, or secure networks with access controls designed to limit access to authorized recipients. Counsel shall ensure that any cloud-based or remote-access document review platfor

3. Paper Copies. Paper copies of Designated Material shall be stored in locked file cabinets, locked offices, or other restricted-access locations when not in active use. Paper copies of HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY material shall be stored separately from CONFIDENTIAL material to the extent reasonably practicable.

4. Prohibition on Public Dissemination. No Designated Material shall be posted, published, uploaded, or otherwise made available on the internet, social media platforms (including but not limited to Kestrel Services Inc., Ashford Systems, Northpoint Services Inc., Westmark Health IT, Dunmore & Co., Crowne Albany Partners LLC, Reddit, or any similar platform), blogs, websites, online forums, file-sharing services, or

1. Written Notice. Any Party may challenge a confidentiality designation by providing written notice to the designating Party, specifying with reasonable particularity the document(s) or information at issue and the factual and legal basis for the challenge. The challenging Party shall identify the Bates numbers or other identifying information for the material at issue and shall state whether the challenge seeks a c

2. Response. The designating Party shall respond in writing within fourteen (14) calendar days of receipt of the challenge notice. In its response, the designating Party shall either: (a) agree to re-designate the material at a lower level or remove the designation entirely; or (b) maintain the designation and provide a written statement setting forth the specific basis for the designation, including a description of

3. Court Resolution. If the Parties are unable to resolve the dispute after good faith meet-and-confer efforts, either Party may seek resolution from the Court by noticed motion filed in accordance with applicable rules and the Court's standing orders. The designating Party shall bear the burden of justifying the challenged designation by demonstrating that the information at issue qualifies for protection at the des

4. Interim Treatment. Pending resolution of any challenge, whether by agreement of the Parties or by order of the Court, the material at issue shall continue to be treated at the level designated by the Producing Party. No Party shall be deemed to have waived any objection to a designation by reason of a delay in challenging the designation. G. Use at Depositions

1. General Use. Any Party may use Designated Material during depositions in this action, subject to the limitations set forth in this Section and in Section D above. Counsel for all Parties and the court reporter shall be provided with copies of deposition exhibits in advance of or during the deposition, as is customary practice.

2. HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY Material at Depositions. If HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY material is to be used during a deposition in this action, the following procedures shall apply: (a) The designating Party may request, on the record, that all persons present at the deposition who are not authorized to view HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY material under Section D.2 of this

3. Designation of Deposition Testimony. Deposition testimony shall be designated in accordance with the procedures set forth in Section C.2 of this Stipulation. H. Filing Under Seal

1. General Procedure. If any Party wishes to file Designated Material with the Court, including as exhibits to motions, briefs, declarations, or other papers, the filing Party shall comply with the following procedures: (a) The filing Party shall file a redacted version of the document or filing in the public file, with all Designated Material redacted in a manner that clearly identifies the location and approximate

2. Court's Discretion. The Parties acknowledge and agree that the Court retains full and independent discretion to grant or deny requests to seal documents, and that the existence of a confidentiality designation under this Stipulation and the resulting Protective Order does not, by itself, establish the showing required for sealing under California Rules of Court, Rules 2.550 and 2.551. The Parties further acknowled

3. Cooperation. The Parties agree to cooperate in good faith in connection with any sealing request, including by promptly providing declarations or other evidence in support of the request when the designating Party's information is at issue.

1. Applicability. This Stipulation and the resulting Protective Order shall apply to all information produced by non-parties in response to subpoenas duces tecum, deposition subpoenas, or other discovery requests issued in connection with this action. Non-party information subject to this Stipulation shall be treated with the same protections as information produced by the Parties.

2. Non-Party Designations. Any non-party producing documents or providing testimony in this action may designate its documents or testimony as CONFIDENTIAL or HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY, and such designations shall be treated in accordance with all applicable provisions of this Stipulation, including Sections C, D, E, F, and G above.

3. Service of Protective Order. The Parties shall include a complete copy of the Protective Order entered by the Court (or, prior to entry, a copy of this Stipulation and the Proposed Protective Order) with any subpoena or discovery request served on a non-party, including but not limited to subpoenas directed to NovaPay Solutions Inc. and any other third-party vendors, service providers, or entities from whom discov

1. No Waiver. The inadvertent production of any document, ESI, or information in this action, whether by a Party or a non-party, shall not constitute a waiver of any privilege, immunity, or protection applicable to such material, including but not limited to the attorney-client privilege, the work product doctrine, the joint defense or common interest privilege, the right of privacy, and any other privilege or protec

2. Clawback Procedures. Consistent with California Evidence Code § 912 and the principles articulated in Federal Rule of Evidence 502(d) (applied by analogy in this state court proceeding), if a Producing Party or non-party discovers that it has inadvertently produced privileged or otherwise protected material, the following procedures shall apply: (a) The Producing Party shall promptly notify the Receiving Party in

3. Preservation of Privilege Log Obligations. Nothing in this Section shall relieve any Party or non-party of its obligation to prepare and serve a privilege log in compliance with California Code of Civil Procedure § 2031.240 and other applicable provisions of law. However, the Parties agree that inadvertently produced documents that are timely clawed back under this Section need not be included on a privilege log u

1. Execution Required. Before any expert, consulting expert, or consultant is given access to any Designated Material, the expert or consultant must first read and execute the Expert/Consultant Acknowledgment Form attached hereto as Exhibit A to the Proposed Protective Order. By executing the Acknowledgment Form, the expert or consultant agrees to be fully bound by the terms of this Stipulation and the resulting Prot

2. Retention and Inspection. Executed Expert/Consultant Acknowledgment Forms shall be retained by the Party that retained the expert or consultant and shall be made available for inspection by opposing counsel upon reasonable written request. The retaining Party shall maintain the executed forms for the duration of this litigation and for a period of not less than two (2) years following the final resolution of this

3. Notification to Opposing Counsel. Prior to disclosing Designated Material to any expert or consultant, the retaining Party shall provide written notice to opposing counsel identifying the expert or consultant by name, firm or institutional affiliation, and area of expertise, as specified in Section D.1(e) above. L. Return or Destruction at Conclusion of Litigation

1. Obligation to Return or Destroy. Within sixty (60) days after the final resolution of this action, including the exhaustion or expiration of all rights of appeal, each Receiving Party shall, at the election of the Producing Party: (a) Return all Designated Material to the Producing Party, including all originals, copies, reproductions, summaries, abstracts, compilations, indices, notes, and any other documents or

2. Archival Copy Exception. Notwithstanding Section L.1, outside litigation counsel for each Party may retain one (1) archival copy of all Designated Material in counsel's files, subject to the continued obligation of confidentiality imposed by this Stipulation and the resulting Protective Order, for the sole purposes of: (a) establishing counsel's compliance with the terms of this Stipulation and the Protective Orde

3. Work Product Exception. Attorney work product, litigation memoranda, and attorney notes that reference, summarize, or analyze Designated Material need not be returned or destroyed, but such materials shall remain subject to the confidentiality obligations of this Stipulation and the resulting Protective Order in perpetuity. Counsel shall take reasonable care to ensure that work product containing Designated Materi

2. By Stipulation. This Stipulation and the resulting Protective Order may also be modified by further written stipulation of all Parties, subject to approval by the Court.

3. Additional Protections or Relief. Any Party or non-party may apply to the Court at any time for additional protections beyond those provided by this Stipulation and the resulting Protective Order, or for relief from any provision of this Stipulation and the resulting Protective Order, upon a showing of good cause. The Court retains full authority to grant or deny such applications. N. Survival. The obligations imp

1. No Waiver of discovery Objections. Entry into this Stipulation does not constitute, and shall not be construed as, a waiver of any Party's right to object to the discoverability, relevance, or admissibility of any Designated Material or any other document, testimony, or information sought or produced in this action. All Parties expressly reserve all such rights and objections.

2. No Admission. Entry into this Stipulation does not constitute, and shall not be construed as, an admission by any Party that any particular document, testimony, or item of information is, in fact, confidential, proprietary, a trade secret, or otherwise entitled to protection from disclosure. The designations made under this Stipulation are without prejudice to any Party's right to challenge or defend the propriety

3. Reservation of Rights. The Parties expressly reserve all rights not specifically waived by the terms of this Stipulation, including but not limited to the right to seek additional discovery, to challenge the sufficiency of discovery responses, and to raise any and all defenses available under applicable law.

IV. PRAYER AND REQUEST FOR ORDER Based on the foregoing Stipulation and good cause appearing therefor, the undersigned Parties respectfully request that the Court enter the attached [Proposed] Protective Order (Document 34), incorporating and effectuating the terms set forth in this Stipulation, and that the Court make such further orders as are just and proper.

V. SIGNATURES Dated: February 10, 2023 PLAINTIFFS' COUNSEL CASTELLANO BYRNE & SALAS LLP By: ________ Marco Castellano (SBN 198422) 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025 Telephone: (310) 555-4800 Facsimile: (310) 555-4801 Attorneys for Plaintiffs Marisol Fuentes, Derek Halloran, and Yesenia Padilla PAGA CO-COUNSEL VELTRANO EMPLOYMENT LAW GROUP PC By: ________ Sandra Higuera (SBN 217893) 350

VI. ATTACHMENTS The following documents are referenced herein and are filed concurrently with this Stipulation: 1. [Proposed] Protective Order Governing Confidential Information. The [Proposed] Protective Order incorporating and effectuating the terms of this Stipulation is filed concurrently as a separate document (Document 34) for the Court's review and signature. The [Proposed] Protective Order contains all substa

2. Exhibit A: Expert/Consultant Acknowledgment Form. Exhibit A to the [Proposed] Protective Order is a template acknowledgment form to be executed by any expert, consulting expert, or consultant before being given access to Designated Material. The form requires the following information and certifications: (a) Full legal name of the expert or consultant; (b) Firm name, institutional affiliation, or business name; (c