STIPULATION AND ORDER MODIFYING AGREED PROTECTIVE ORDER [DKT. 38]

MORRISON C. ENGLAND, JR., District Judge.

IT IS HEREBY AGREED AND ORDERED:

The parties to this action, Plaintiff Crystal Lakes ("Plaintiff") and Defendant Bath & Body Works, LLC ("Defendant") (together as "the Parties"), entered into a confidentiality agreement, which the Court entered on the record on January 19, 2018 at Docket No. 38 ("the Order").

The Order provides that information and materials designated as confidential may be shared with third parties by consent or upon order of the Court:

Dkt. 38 at 5, ¶ 5(b)(9).

Currently pending in the U.S. District Court for the Central District of California is a matter brought by Plaintiffs Denise Allen and Kenneth Allen against Defendant, captioned as Allen v. Bath & Body Works, LLC, 2:18-cv-8368-AB-RAO ("the Allen Matter").

Counsel for the plaintiffs in the Allen Matter requested that the Order be modified such that the Parties will not be prohibited from producing documents in the Allen Matter that may be covered by the Order.

For efficiency and economy of the parties and the court, pursuant to Section 5(b)(9), the Parties hereby consent to allow the Parties to share certain information that is designated as Confidential Information with the plaintiffs and counsel in the Allen Matter. Should plaintiffs and counsel in the Allen Matter request production of material covered by the Order from the Parties or their counsel, then the party from whom information is requested shall provide the other party with an advance copy of materials intended to be produced, or a listing of those documents by their Bates numbers, with sufficient time to allow the other party to object or to provide the notice to non-parties outlined in this document.

The modification of the Order is conditioned on the filing of a protective order in the collateral action (the Allen Matter), and does not limit the collateral Court's ability to decide whether the litigants in that action should ultimately obtain specific discovery materials that may be requested in the Allen Matter.

It is further agreed that the Order is modified to permit counsel in the current matter to communicate with counsel in the Allen Matter, before disclosure of materials designated as Confidential Information or otherwise subject to the Order, for the limited purpose of identifying documents that are designated as Confidential Information or that are otherwise subject to the Order.

It is further agreed that the Order is modified to permit counsel in the current matter to communicate with counsel in the Allen Matter concerning the contents of materials and documents designated as Confidential Information or otherwise subject to the Order that are ultimately produced in the Allen Matter, but only after entry of a protective order in the Allen Matter.

Whereas, it is further stipulated and agreed by and between all parties seeking to modify the Order that because certain information was obtained in the current matter through third-party discovery, and that said information was produced by certain non-parties with the expressed or implied expectation of confidentiality under the Order, fair notice must be provided to said non-party prior to any discussion regarding or the production of said information. Accordingly, the party in the current action that is requested to produce such information or discuss such information in the Allen Matter shall first provide that non-party with two weeks' written notice prior to any discussion or exchange of said materials. Such notice shall be simultaneously served on all counsel in the current matter and in the Allen Matter. The purpose of this notice is to allow any party or any non-party to object or to seek judicial intervention in an appropriate court prior to the disclosure of any confidential information as contemplated by the Order.

All other aspects of the Order shall remain unchanged and binding on all parties and counsel in the current matter.

IT IS on this 5th day of April 2019, agreed that the Order [Dkt. 38] is modified for the limited purpose stated above.

IT IS SO ORDERED.