STIPULATED PROTECTIVE ORDER

EDMUND F. BRENNAN, Magistrate Judge.

Pursuant to Federal Rules of Civil Procedure, Rule 26(C), Plaintiff DEREK L. BLUFORD ("Plaintiff") and Defendants SALEM-B, LLC dba BMW OF SALEM and SANTANDER CONSUMER USA INC. ("Defendants") hereby stipulate to the following.

A. PRELIMINARY STATEMENTS

1. Plaintiff has requested the production of certain documents for inspection and copying in conjunction with discovery in the above-entitled case.

2. Defendants contend that certain of those documents represent and/or reflect trade secrets or other confidential information. Defendants contend it is entitled to protection of the law to prevent against improper dissemination or use of that information.

3. Defendants have located the documents response to Plaintiff's discovery requests and Defendants agree to produce and/or permit the viewing of documents pursuant to the terms of this stipulated protective order (hereinafter "the documents").

B. CUSTODY

Defendants will produce to Plaintiff a copy of the documents which are the subject matter of this order, subject to the terms and conditions set forth herein. Defendants will maintain custody of the original copies.

C. STIPULATED PROTECTIVE ORDER

IT IS FURTHER AGREED AND STIPULATED that the documents so produced by Defendants shall be only used in the action entitled Bluford v. BMW of Salem, et al. (Case No. 2:18-cv-00321-TLN-EFB), and shall not be used in any other action, or for any business or competitive purposes. This order shall not limit the Plaintiff's right to use the documents in connection with any legal proceeding related to this action, except as provided by the terms and conditions herein.

IT IS FURTHER AGREED AND STIPULATED that only those people designated immediately below shall have access to the documents protected herein; they, in turn, shall not exhibit, or disclose the documents to any other person without either the written consent of counsel for Defendants or further order of the Court. The persons bound by this Protective Order are as follows:

IT IS FURTHER AGREED AND STIPULATED that the attorneys of record to whom the above listed documentation is provided and produced shall be responsible for ensuring that the other persons designated herein are informed of the terms of this Protective Order. Each person to whom disclosure is made, with the exception of counsel, will be provided a copy of this Protective Order by the person furnishing him or her such material. Each person to whom disclosure is made shall agree on the record or in writing that he or she has read this Protective Order and he or she understands the provisions of this Order. Such person must also consent to be subject to the jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding related to enforcement of this Order, including without limitation, any proceeding for contempt. Provisions of this Order, insofar as they restrict disclosure and use of the material, shall be in effect until further order of this Court.

IT IS FURTHER AGREED AND STIPULATED that any documents filed with the Court subject to this Protective Order shall be filed under seal pursuant to the Court's local rules and marked as follows: "CONFIDENTIAL RECORDS SUBJECT TO STIPULATION AND PROTECTIVE ORDER." Such documents shall be kept by the Court under seal and made available only to the Court or attorneys of record. It is the responsibility of the attorney filing the documents to ensure compliance with the provisions set forth above.

IT IS FURTHER AGREED AND STIPULATED that any document subject to this Protective Order that is attached as an exhibit to a deposition shall be done so under seal and identified as confidential.

Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. However, the designation of material as confidential, without more, is insufficient to obtain a sealing order. Any party that seeks to file Protected Material under seal must comply with Local Rule 141, which governs motions for a sealing order. As provided in Local Rule 141, a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. Further, the briefing on the motion for a sealing order shall address U.S. Supreme Court and Ninth Circuit standards for whether the material may be filed under seal. Regardless of which party files the motion for a sealing order, the party that designated the material as confidential shall file a brief addressing those standards, and shall have the burden of establishing that the Protected Material should be filed but not made publicly available.

IT IS FURTHER AGREED AND STIPULATED that in the event that any party to this litigation disagrees at any point in these proceedings with any designation made under this Order, the parties shall first try to resolve such dispute in good faith on an informal basis in accordance with the Court's Local Rule 251 and applicable Chamber Rules. The burden of persuasion to any challenge to a designation of confidentiality shall be on the designating party. During the pendency of any challenge to a designation of a document or information, the designated document or information shall continue to be treated as "Confidential" subject to the provisions of this Order.

IT IS FURTHER AGREED AND STIPULATED that after the final disposition of Bluford v. BMW of Salem, et al. (Case No. 2:18-cv-00321-TLN-EFB), all documents designated as confidential received under the provisions of this Order, including without limitation any copies, transcripts, notes and extracts containing confidential information, shall be destroyed or tendered back to counsel for Defendants. As used above, the final disposition shall mean a termination of the case following applicable post-trial motions, appeal and/or retrial.

IT IS FURTHER AGREED AND STIPULATED that this stipulated Order may be modified only by written agreement of the parties, or upon motion of any party.

D. PRODUCTION OF DOCUMENTS SUBJECT TO PROTECTIVE ORDER

Production of the documents shall take place at the office of Cyrus Zal, A Professional Corporation, and shall proceed in the following manner:

IT IS SO STIPULATED.

IT IS SO ORDERED.