Anderson v. Brooklinen, Inc. et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. 3:25-cv-02446-RSH-KSC
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No. 3:25-cv-02446-RSH-KSC
ORDER GRANTING JOINT MOTION FOR
ENTRY OF STIPULATED PROTECTIVE
ORDER FOR CONFIDENTIAL
INFORMATION [DKT. NO. 14]
PARKER ANDERSON, individually and on
behalf of all others similarly situated,
Plaintiff,
v.
BROOKLINEN, INC., AND DOES 1-10,
Defendants.
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 1 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2 	CASE NO. 3:25-cv-02446-RSH-KSC
GEORGE CHIKOVANI (SBN 254437)
TRACI M. KEITH (SBN 235828)
KELLEN A. FURLIN-FABER (SBN 303626)
PUTTERMAN | YU | WANG LLP
345 California Street, Suite 1160
San Francisco, CA 94104-2626
Tel: (415) 839-8779
Fax: (415) 737-1363
Email: gchikovani@plylaw.com
tkeith@plylaw.com
kfurlin@plylaw.com
Attorneys for Defendant
BROOKLINEN, INC.
CHARLES R. TOOMAJIAN III (SBN 302153)
ZIMMERMAN REED LLP
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
Email: charles.toomajian@zimmreed.com
Attorneys for PLAINTIFF AND THE
PROPOSED CLASS
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 2 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3 	CASE NO. 3:25-cv-02446-RSH-KSC
With good cause appearing, the parties’ Joint Motion for Entry of Stipulated Protective Order
is GRANTED.
The Court recognizes that at least some of the documents and information (“materials”) being
sought through discovery in the above-captioned action are, for competitive reasons, normally kept
confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order
(“Order”) in this action.
The materials to be exchanged throughout the course of the litigation between the parties may
contain trade secret or other confidential research, technical, cost, price, marketing or other commercial
information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The purpose of this
Order is to protect the confidentiality of such materials as much as practical during the litigation.
THEREFORE:
DEFINITIONS
1. 	The term “confidential information” will mean and include information contained or
disclosed in any materials, including documents, portions of documents, answers to interrogatories,
responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial
testimony and depositions, including data, summaries, and compilations derived therefrom that is
deemed to be confidential information by any party to which it belongs.
2. 	The term “materials” will include, but is not be limited to: documents; correspondence;
memoranda; bulletins; blueprints; specifications; customer lists or other material that identify
customers or potential customers; price lists or schedules or other matter identifying pricing; minutes;
telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account;
worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings;
photographs; motion pictures; compilations from which information can be obtained and translated into
reasonably usable form through detection devices; sketches; drawings; notes (including laboratory
notebooks and records); reports; instructions; disclosures; other writings; models and prototypes and
other physical objects.
3. 	The term “counsel” will mean outside counsel of record, and other attorneys, paralegals,
secretaries, and other support staff employed in the law firms serving as counsel of record in this action,
and will include persons or entities providing litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 3 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4 	CASE NO. 3:25-cv-02446-RSH-KSC
data) and their employees and subcontractors who have acknowledged and agreed to be bound by this
Order.
GENERAL RULES
4. 	Each party to this litigation that produces or discloses any materials, answers to
interrogatories, responses to requests for admission, trial testimony, deposition testimony, and
transcripts of trial testimony and depositions, or information that the producing party believes should
be 	subject 	to 	this 	Protective 	Order 	may 	designate 	the 	same 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL - FOR COUNSEL ONLY.”
a. 	Designation 	as 	“CONFIDENTIAL”: 	Any 	party 	may 	designate 	information 	as
“CONFIDENTIAL” only if, in the good faith belief of such party and its counsel, the unrestricted
disclosure of such information could be potentially prejudicial to the business or operations of such
party.
b. 	Designation as “CONFIDENTIAL - FOR COUNSEL ONLY”: Any party may
designate information as “CONFIDENTIAL - FOR COUNSEL ONLY” only if, in the good faith belief
of such party and its counsel, the information is among that considered to be most sensitive by the
party, including but not limited to trade secret or other confidential research, development, financial or
other commercial information.
5. 	In the event the producing party elects to produce materials for inspection, no marking
need be made by the producing party in advance of the initial inspection. For purposes of the initial
inspection, all materials produced will be considered as “CONFIDENTIAL - FOR COUNSEL ONLY,”
and must be treated as such pursuant to the terms of this Order. Thereafter, upon selection of specified
materials for copying by the inspecting party, the producing party must, within a reasonable time prior
to producing those materials to the inspecting party, mark the copies of those materials that contain
confidential information with the appropriate confidentiality marking.
6. 	Whenever a deposition taken on behalf of any party involves a disclosure of confidential
information of any party:
a. 	the deposition or portions of the deposition must be designated as containing
confidential information subject to the provisions of this Order; such designation
must be made on the record whenever possible, but a party may designate
portions of depositions as containing confidential information after transcription
of the proceedings; [A] party will have until fourteen (14) days after receipt of
the deposition transcript to inform the other party or parties to the action of the
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 4 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5 	CASE NO. 3:25-cv-02446-RSH-KSC
portions 	of 	the 	transcript 	to 	be 	designated 	“CONFIDENTIAL” 	or
“CONFIDENTIAL - FOR COUNSEL ONLY.”
b. 	the disclosing party will have the right to exclude from attendance at the
deposition, during such time as the confidential information is to be disclosed,
any 	person 	other 	than 	the 	deponent, 	counsel 	(including 	their 	staff 	and
associates), the court reporter, and the person(s) agreed upon pursuant to
paragraph 8 below; and
c. 	the originals of the deposition transcripts and all copies of the deposition must
bear the legend “CONFIDENTIAL” or “CONFIDENTIAL - FOR COUNSEL
ONLY,” as appropriate, and the original or any copy ultimately presented to a
court for filing must not be filed unless it can be accomplished under seal,
identified as being subject to this Order, and protected from being opened except
by order of this Court.
7. 	All confidential information designated as “CONFIDENTIAL” or “CONFIDENTIAL
FOR COUNSEL ONLY” must not be disclosed by the receiving party to anyone other than those
persons designated within this order and must be handled in the manner set forth below and, in any
event, must not be used for any purpose other than in connection with this litigation, unless and until
such designation is removed either by agreement of the parties, or by order of the Court.
8. 	Information designated “CONFIDENTIAL - FOR COUNSEL ONLY” must be viewed
only by counsel (as defined in paragraph 3) of the receiving party; by court personnel; by court reporters
and their staff; during their depositions, by witnesses in the action who are employees or contractors
of the producing party to whom disclosure is reasonably necessary, who have acknowledged and agreed
to be bound by this Order; by any mediator who is assigned to this matter and their staff, who have
acknowledged and agreed to by bound by this Order; and by independent experts under the conditions
set forth in this Paragraph. The right of any independent expert to receive any confidential information
will be subject to the advance approval of such expert by the producing party or by permission of the
Court. The party seeking approval of an independent expert must provide the producing party with the
name and curriculum vitae of the proposed independent expert, and an executed copy of the form
attached hereto as Exhibit A, in advance of providing any confidential information of the producing
party to the expert. Any objection by the producing party to an independent expert receiving
confidential information must be made in writing within fourteen (14) days following receipt of the
identification of the proposed expert and must set forth in detail the grounds on which it is based.
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 5 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6 	CASE NO. 3:25-cv-02446-RSH-KSC
Confidential information may be disclosed to an independent expert if the fourteen (14) day period has
passed and no objection has been made. The approval of independent experts must not be unreasonably
withheld. Upon request, a party objecting to an independent expert receiving confidential information
must meet and confer with the receiving party within seven (7) calendar days of the request to attempt
to resolve the matter by agreement. If no agreement is reached, the parties must follow the procedures
set forth in the assigned Magistrate Judge’s Chambers Rules regarding resolution of discovery disputes.
9. 	Information designated “confidential” must be viewed only by counsel (as defined in
paragraph 3) of the receiving party, by independent experts (pursuant to the terms of paragraph 8), by
court personnel, by court reporters and their staff; during their depositions, by witnesses in the action
who are employees or contractors of the producing party to whom disclosure is reasonably necessary,
who have acknowledged and agreed to be bound by this Order; by any mediator who is assigned to this
matter and their staff, who have acknowledged and agreed to by bound by this Order; and by the
additional individuals listed below, provided each such individual has read this Order in advance of
disclosure and has agreed in writing to be bound by its terms:
a) 	Executives who are required to participate in policy decisions with reference to
this action;
b) 	Technical personnel of the parties with whom Counsel for the parties find it
necessary to consult, in the discretion of such counsel, in preparation for trial of
this action; and
c) 	Stenographic and clerical employees associated with the individuals identified
above.
10. 	With respect to material designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR
COUNSEL ONLY,” any person indicated on the face of the document to be its originator, author or a
recipient of a copy of the document, may be shown the same.
11. 	All 	information 	which 	has 	been 	designated 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL -FOR COUNSEL ONLY” by the producing or disclosing party, and any and all
reproductions of that information, must be retained in the custody of the counsel for the receiving party
identified in paragraph 3, except that independent experts authorized to view such information under
the terms of this Order may retain custody of copies such as are necessary for their participation in this
litigation.
12. 	Before any materials produced in discovery, answers to interrogatories, responses to
requests for admissions, deposition transcripts, or other documents which are designated as confidential
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 6 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7 	CASE NO. 3:25-cv-02446-RSH-KSC
information are filed with the Court for any purpose, the party seeking to file such material must seek
permission of the Court to file the material under seal.
13. 	At any stage of these proceedings, any party may object to a designation of the materials
as confidential information. The party objecting to confidentiality must notify, in writing, counsel for
the designating party of the objected-to materials and the grounds for the objection. If the dispute is not
resolved consensually between the parties, the parties must follow the procedures set forth in the
assigned Magistrate Judge’s Chambers Rules regarding resolution of discovery disputes. The materials
at issue must be treated as confidential information, as designated by the designating party, until the
Court has ruled on the objection or the matter has been otherwise resolved.
14. 	All confidential information must be held in confidence by those inspecting or receiving
it, and must be used only for purposes of this action. Counsel for each party, and each person receiving
confidential information must take reasonable precautions to prevent the unauthorized or inadvertent
disclosure of such information. If confidential information is disclosed to any person other than a
person authorized by this Order, the party responsible for the unauthorized disclosure must immediately
bring all pertinent facts relating to the unauthorized disclosure to the attention of the other parties and,
without prejudice to any rights and remedies of the other parties, make every effort to prevent further
disclosure by the party and by the person(s) receiving the unauthorized disclosure.
15. 	No party will be responsible to another party for disclosure of confidential information
under this Order if the information in question is not labeled or otherwise identified as such in
accordance with this Order.
16. 	If a party, through inadvertence, produces any confidential information without
labeling or marking or otherwise designating it as such in accordance with this Order, the designating
party may give written notice to the receiving party that the document or thing produced is deemed
confidential information, and that the document or thing produced should be treated as such in
accordance with that designation under this Order. The receiving party must treat the materials as
confidential, once the designating party so notifies the receiving party. If the receiving party has
disclosed the materials before receiving the designation, the receiving party must notify the designating
party in writing of each such disclosure. Counsel for the parties will agree on a mutually acceptable
manner of labeling or marking the inadvertently produced materials as “CONFIDENTIAL” or
“CONFIDENTIAL - FOR COUNSEL ONLY” - SUBJECT TO PROTECTIVE ORDER.
17. 	Nothing within this order will prejudice the right of any party to object to the production
of any discovery material on the grounds that the material is protected as privileged or as attorney work
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 7 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8 	CASE NO. 3:25-cv-02446-RSH-KSC
product.
18. 	Nothing in this Order will bar counsel from rendering advice to their clients with respect
to this litigation and, in the course thereof, relying upon any information designated as confidential
information, provided that the contents of the information must not be disclosed.
19. 	This Order will be without prejudice to the right of any party to oppose production of
any information for lack of relevance or any other ground other than the mere presence of confidential
information. The existence of this Order must not be used by either party as a basis for discovery that
is otherwise improper under the Federal Rules of Civil Procedure.
20. 	Nothing within this order will be construed to prevent disclosure of confidential
information if such disclosure is required by law or by order of the Court.
21. 	Upon final termination of this action, including any and all appeals, counsel for each
party must, upon request of the producing party, return all confidential information to the party that
produced the information, including any copies, excerpts, and summaries of that information, or must
destroy same at the option of the receiving party, and must purge all such information from all machine-
readable media on which it resides. Notwithstanding the foregoing, counsel for each party may retain
all pleadings, briefs, memoranda, motions, and other documents filed with the Court that refer to or
incorporate confidential information, and will continue to be bound by this Order with respect to all
such retained 	information. Further, attorney 	work product materials 	that contain confidential
information need not be destroyed, but, if they are not destroyed, the person in possession of the
attorney work product will continue to be bound by this Order with respect to all such retained
information.
22. 	The restrictions and obligations set forth within this order will not apply to any
information that: (a) the parties agree should not be designated confidential information; (b) the parties
agree, or the Court rules, is already public knowledge; (c) the parties agree, or the Court rules, has
become public knowledge other than as a result of disclosure by the receiving party, its employees, or
its agents in violation of this Order; or (d) has come or will come into the receiving party’s legitimate
knowledge independently of the production by the designating party. Prior knowledge must be
established by pre-production documentation.
23. 	The restrictions and obligations within this Order will not be deemed to prohibit
discussions of any confidential information with anyone if that person possessed or is the author,
sender, or recipient of a document containing the confidential information or already has or obtains
legitimate possession of that information.
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 8 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9 	CASE NO. 3:25-cv-02446-RSH-KSC
24. 	Transmission by email or some other currently utilized method of transmission is
acceptable for all notification purposes within this Order.
25. 	This Order may be modified by agreement of the parties, subject to approval by the
Court.
26. 	The Court may modify the terms and conditions of this Order for good cause, or in the
interest of justice, or on its own order at any time in these proceedings. The parties prefer that the Court
provide them with notice of the Court’s intent to modify the Order and the content of those
modifications, prior to entry of such an order.
IT IS SO ORDERED this 21st day of January, 2026.
Case 3:25-cv-02446-RSH-KSC Document 15 Filed 01/21/26 PageID.<pageID>
Page 9 of 9