Cruz et al v. PBF Energy, Inc., et al

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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JASON LEVIN (State Bar No. 161807)
JENNIFER BONNEVILLE (State Bar No. 243686)
LISA L. GARCIA (State Bar No. 301362)
JANE KAUFMAN (State Bar No. 351252)
ALSTON & BIRD LLP
350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071
Telephone: 213-576-1000
Facsimile: 213-576-1100
Email: jason.levin@alston.com
jennifer.bonneville@alston.com
lisa.garcia@alston.com
jane.kaufman@alston.com
MEAGHAN G. BOYD (Pro Hac Vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309-3424
Phone: 404-881-7000
Fax: 404-881-7777
Email: meaghan.boyd@alston.com
Attorneys for Defendant
Martinez Refining Company LLC
in the Malan and Cruz Actions
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
DAVID MALAN, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:23-cv-04184-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 1 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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ALENA CRUZ, et al.,
Plaintiffs,
v.
PBF ENERGY, INC.,
Defendant.
Case No. 4:23-cv-06142-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
JENNIFER FRYE, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:24-cv-04506-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
ALICE SALIBA, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:24-cv-08153-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
ELIZABETH SILVESTRI, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:24-cv-08241-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 2 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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1. 	PURPOSES AND LIMITATIONS
Disclosure and discovery activity in the Related Actions (defined below) are likely to involve
production of confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, Plaintiffs in the Related Actions, and any additional individual or entity appearing as a
plaintiff in the Related Actions (collectively, “Plaintiffs”), and Defendant Martinez Refining Company
LLC (together, “Parties”), hereby stipulate to and petition the Court to enter the following Stipulated
Protective Order. This Stipulated Protective Order supersedes the Stipulated Protective Order previously
entered in Malan v. Martinez Refining Co. LLC, No. 4:23-cv-04184-HSG, Dkt. No. 50 (Jan. 30, 2024)
(“2024 Stipulated Protective Order”). All documents designated “CONFIDENTIAL” pursuant to the 2024
Stipulated Protective Order are deemed designated as “CONFIDENTIAL” pursuant to this Stipulated
Protective Order.
The Parties acknowledge that this Order does not confer blanket protections on all disclosures or
responses to discovery and that the protection it affords from public disclosure and use extends only to the
ROBERT MANNING, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:24-cv-08316-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
LAUREN CANNING, et al.,
Plaintiffs,
v.
MARTINEZ REFINING COMPANY LLC,
Defendant.
Case No. 4:25-cv-04511-HSG
The Hon. Haywood S. Gilliam, Jr.
[PROPOSED] STIPULATED
PROTECTIVE ORDER
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 3 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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limited information or items that are entitled to confidential treatment under the applicable legal principles.
The Parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
procedures that must be followed and the standards that will be applied when a Party seeks permission
from the Court to file material under seal.
2. 	DEFINITIONS
2.1 	Challenging Party: a Party or Non-Party that challenges the designation of information or
items under this Order.
2.2 	“CONFIDENTIAL” Information or Items: information (regardless of how it is generated,
stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure
26(c).
2.3 	Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their
support staff).
2.4 	Designating Party: a Party or Non-Party that designates information or items that it
produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5 	Disclosure or Discovery Material: all items or information, regardless of the medium or
manner in which it is generated, stored, or maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in
this matter.
2.6 	Expert: a person with specialized knowledge or experience in a matter pertinent to the
litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in
any of the Related Actions.
2.7 	House Counsel: attorneys who are employees of a Party to the Related Actions. House
Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8 	Non-Party: any natural person, partnership, corporation, association, or other legal entity
not named as a Party to the Related Actions.
2.9 	Outside Counsel of Record: attorneys who are not employees of a Party to the Related
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 4 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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Actions but are retained to represent or advise a Party to the Related Actions and have appeared in the
Related Actions on behalf of that Party or are affiliated with a law firm which has appeared on behalf of
that Party.
2.10 	Party: any Party to the Related Actions, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11 	Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
the Related Actions.
2.12 	Professional Vendors: persons or entities that provide litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
retrieving data in any form or medium) and their employees and subcontractors.
2.13 	Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL.”
2.14 	Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing
Party.
2.15 	Related Actions: the above-captioned actions.
2.16 	Similar Cases: other litigation(s) concerning the Martinez petroleum refining facility.
3. 	SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material (as
defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
conferred by this Stipulation and Order do not cover the following information: (a) any information that is
in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order,
including becoming part of the public record through trial or otherwise; and (b) any information known to
the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 5 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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source who obtained the information lawfully and under no obligation of confidentiality to the Designating
Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
4. 	DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order
shall remain in effect until a Designating Party agrees otherwise in writing or a Court Order otherwise
directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in the
Related Actions, with or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials, or reviews of the Related Actions, including the time
limits for filing any motions or applications for extension of time pursuant to applicable law.
5. 	DESIGNATING PROTECTED MATERIAL
5.1 	Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-
Party that designates information or items for protection under this Order must take care to limit any such
designation to specific material that qualifies under the appropriate standards. The Designating Party must
designate for protection only those parts of material, documents, items, or oral or written communications
that qualify – so that other portions of the material, documents, items, or communications for which
protection is not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be
clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
retard the case development process or to impose unnecessary expenses and burdens on other Parties)
expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it designated for
protection do not qualify for protection, that Designating Party must promptly notify all other Parties that
it is withdrawing the mistaken designation.
5.2 	Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g.,
second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
Material that qualifies for protection under this Order must be clearly so designated before the material is
disclosed or produced.
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 6 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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Designation in conformity with this Order requires:
(a) For information in documentary form (e.g., paper or electronic documents, but excluding
transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend
“CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the
material on a page qualifies for protection, the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the margins).
A Party or Non-Party that makes original documents or materials available for inspection need not
designate them for protection until after the inspecting Party has indicated which material it would like
copied and produced. During the inspection and before the designation, all of the material made available
for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which documents, or
portions thereof, qualify for protection under this Order. Then, before producing the specified documents,
the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected
Material. If only a portion or portions of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding,
or within ten (10) days following receipt of the transcript of the hearing or other proceeding, or within ten
(10) days following submission of the errata sheet for the deposition, all protected testimony.
(c) for information produced in some form other than documentary and for any other tangible
items, that the Producing Party affix in a prominent place on the exterior of the container or containers in
which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the
information or item warrant protection, the Producing Party, to the extent practicable, shall identify the
protected portion(s).
5.3 	Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate
qualified information or items does not, standing alone, waive the Designating Party’s right to secure
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 7 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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protection under this Order for such material. Upon timely correction of a designation, the Receiving
Party must make reasonable efforts to assure that the material is treated in accordance with the
provisions of this Order.
5.4 	Re-Production of Materials from the Related Actions or Similar Cases. To the extent that any
Party re-produces documents from the Related Actions or Similar Cases, or documents produced in any
one or more of the Related Actions or Similar Cases are deemed produced in any one or more of the
Related Actions by Court Order or otherwise, all such documents clearly marked as being
“CONFIDENTIAL” or labeled with a similar designation, and subject to a protective order in such
litigation, will be deemed designated as “CONFIDENTIAL” in the Related Actions; and all such
documents clearly marked as “Highly Confidential” or labeled with a similar designation, and subject to
a protective order in such litigation, will be deemed designated as “Highly Confidential” in the Related
Actions. The Parties will meet and confer with respect to designations of re-productions where re-
produced documents were previously produced and designated pursuant to a protective order setting
forth different or inconsistent categories of protected information than those established by this Order.
For the avoidance of doubt, for purposes of re-productions, the Parties agree that the provisions
of the respective protective orders entered in Similar Cases shall remain in full force and effect and shall
in no way be superseded or nullified by the entry of this Order, except that no person shall assert or
argue that production or use of such re-produced documents is a violation of any such prior protective
orders because of any person not signing the confidentiality acknowledgement of such prior protective
orders if the person has signed the Exhibit A to this Order. Notwithstanding the foregoing, a Receiving
Party in the Related Actions is permitted to use and access “CONFIDENTIAL” information consistent
with the use and access provisions of this Order. Nothing within this paragraph shall prevent a Party’s
ability to designate information or items as “CONFIDENTIAL,” regardless of any designation or lack
thereof in prior litigation, so long as such a designation is appropriate pursuant to this Order’s
requirements for such a designation.
6. 	CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1 	Timing of Challenges. Any Party or Non-Party may challenge a designation of
Case 4:23-cv-06142-HSG Document 84 Filed 02/12/26 Page 8 of 17

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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation
is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant
disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality
designation by electing not to mount a challenge promptly after the original designation is disclosed.
6.2 	Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
providing written notice of each designation it is challenging and describing the basis for each challenge.
To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the
challenge to confidentiality is being made in accordance with this specific paragraph of the Protective
Order. The Parties shall attempt to resolve each challenge in good faith and must begin the process by
conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14
days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its
belief that the confidentiality designation was not proper and must give the Designating Party an
opportunity to review the designated material, to reconsider the circumstances, and, if no change in
designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to
the next stage of the challenge process only if it has engaged in this meet and confer process first or
establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely
manner.
6.3 	Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,
the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and
in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge or
within 14 days of the Parties agreeing that the meet and confer process will not resolve their dispute,
whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the
movant has complied with the meet and confer requirements imposed in the preceding paragraph. Failure
by the Designating Party to make such a motion including the required declaration within 21 days (or 14
days, if applicable) shall automatically waive the confidentiality designation for each challenged
designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation
at any time if there is good cause for doing so, including a challenge to the designation of a deposition
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied by
a competent declaration affirming that the movant has complied with the meet and confer requirements
imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
expenses and burdens on other Parties) may expose the Challenging Party to sanctions. Unless the
Designating Party has waived the confidentiality designation by failing to file a motion to retain
confidentiality as described above, all Parties shall continue to afford the material in question the level of
protection to which it is entitled under the Producing Party’s designation until the Court rules on the
challenge.
7. 	ACCESS TO AND USE OF PROTECTED MATERIAL
7.1 	Basic Principles. A Receiving Party may use Protected Material that is disclosed or
produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending,
or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of
persons and under the conditions described in this Order. When the litigation has been terminated, a
Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location and in a secure
manner that ensures that access is limited to the persons authorized under this Order.
7.2 	Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the
Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or
item designated “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in the Related Actions, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
that is attached hereto as Exhibit A;
(b) the officers, directors, and employees (including House Counsel) of the Receiving Party to
whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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and Agreement to Be Bound” (Exhibit A);
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A);
(d) the Court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) during their depositions, witnesses in the Related Actions to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition
testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court
reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or other person
who otherwise possessed or knew the information.
8. 	PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
If a Party is served with a subpoena or a Court Order issued in other litigation that compels
disclosure of any information or items designated in the Related Actions as “CONFIDENTIAL,” that
Party must:
(a) promptly notify in writing the Designating Party. Such notification shall include a copy of
the subpoena or Court Order;
(b) promptly notify in writing the Party who caused the subpoena or order to issue in the other
litigation that some or all of the material covered by the subpoena or order is subject to this Protective
Order. Such notification shall include a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
Party whose Protected Material may be affected.
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
04511-HSG
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If the Designating Party timely seeks a protective order, the Party served with the subpoena or
Court Order shall not produce any information designated in the Related Actions as “CONFIDENTIAL”
before a determination by the court from which the subpoena or order issued, unless the Party has obtained
the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material – and nothing in these provisions should be construed as
authorizing or encouraging a Receiving Party in the Related Actions to disobey a lawful directive from
another court.
9. 	A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-Party in the
Related Actions and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in
these provisions should be construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s
confidential information in its possession, and the Party is subject to an agreement with the Non-Party not
to produce the Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
litigation, the relevant discovery request(s), and a reasonably specific description of the information
requested; and
(3) make the information requested available for inspection by the Non-Party.
(c) If the Non-Party fails to object or seek a protective order from this Court within 14 days of
receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s
confidential information responsive to the discovery request. If the Non-Party timely seeks a protective
order, the Receiving Party shall not produce any information in its possession or control that is subject to
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
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the confidentiality agreement with the Non-Party before a determination by the Court. Absent a Court
Order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this Court
of its Protected Material.
10. 	UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to
any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving
Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such
person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
Exhibit A.
11. 	INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are
those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
whatever procedure may be established in an e-discovery order that provides for production without prior
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the Parties reach an
agreement on the effect of disclosure of a communication or information covered by the attorney-client
privilege or work product protection, the Parties may incorporate their agreement in the stipulated
protective order submitted to the Court.
12. 	MISCELLANEOUS
12.1 	Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
modification by the Court in the future.
12.2 	Right to Assert Other Objections. By stipulating to the entry of this Protective Order no
Party waives any right it otherwise would have to object to disclosing or producing any information or
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
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item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right
to object on any ground to use in evidence of any of the material covered by this Protective Order.
12.3 	Filing Protected Material. 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 any of the Related Actions any Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under
seal pursuant to a Court Order authorizing the sealing of the specific Protected Material at issue. Pursuant
to Civil Local Rule 79-5, 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. If a Receiving Party’s request to file Protected Material under seal pursuant to Civil Local Rule 79-5
is denied by the Court, then the Receiving Party may file the information in the public record pursuant to
Civil Local Rule 79-5 unless otherwise instructed by the Court.
13. 	FINAL DISPOSITION
Within 60 days after the final disposition of the Related Actions, as defined in paragraph 4, each
Receiving Party must return all Protected Material to the Producing Party or destroy such material. As
used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries,
and any other format reproducing or capturing any of the Protected Material. Whether the Protected
Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1)
identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and
(2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries, or any
other format reproducing or capturing any of the Protected Material. Notwithstanding this provision,
Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such materials contain Protected
Material. Any such archival copies that contain or constitute Protected Material remain subject to this
Protective Order as set forth in Section 4 (DURATION).
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
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IT IS SO STIPULATED, through Counsel of Record.
Dated: January 30, 2026
Dated: January 30, 2026
Dated: January 30, 2026
BEVERIDGE & DIAMOND, P.C.
/s/ Jacob P. Duginski
Jacob P. Duginski
Susan E. Smith
Megan R. Brillault
Katrina M. Krebs
Attorneys for Defendant Martinez Refining
Company LLC in the Frye, Saliba, Silvestri,
Manning, and Canning Actions
ALSTON & BIRD LLP
/s/ Lisa L. Garcia
Jason Levin
Jennifer Bonneville
Lisa L. Garcia
Meaghan G. Boyd
Jane W. Kaufman
Attorneys for Defendant Martinez Refining
Company LLC in the Malan and Cruz Actions
LIDDLE SHEETS P.C.
/s/ Matthew Z. Robb
Matthew Z. Robb
Steven D. Little
Laura L. Sheets
ARIAS SANGUINETTI WANG & TEAM
LLP
Mike M. Arias
Arnold C. Wang
M. Anthony Jenkins
Attorneys for Plaintiff David Malan
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[PROPOSED ] S TIPULATED ORDER RE: DISCOVERY OF E LECTRONICALLY STORED I NFORMATION ; CASE N OS. 4:23- CV -04184-
HSG; 4:23- CV -06142-HSG; 4:24- CV -04506-HSG; 4:24- CV -08153-HSG; 4:24- CV -08241-HSG; 4:24-cv-08316-HSG; 4:25-cv-
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Dated: January 30, 2026
Dated: January 30, 2026
Dated: January 30, 2026
COTCHETT, PITRE & MCCARTHY,
LLP
/s/ Blair V. Kittle
Blair V. Kittle
Joseph W. Cotchett
Anne Marie Murphy
Vasti S. Montiel
Attorneys for Plaintiffs Alena Cruz and
Shannon Payne
CUTTER LAW P.C.
/s/ Celine E. Cutter
Jennifer S. Domer
C. Brooks Cutter
Celine E. Cutter
TORK LAW
Reza Tokzadeh
Scott King
Attorneys for Plaintiffs in the Frye, Manning,
Saliba, and Silvestri Actions
BISH LAW, APC
/s/ Mindy Bish
Mindy Bish
Attorney for Plaintiffs Lauren Canning and
Beth DeLuca
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:
UNITED STATES MAGISTRATE JUDGE
LISA J. CISNEROS
February 12, 2026
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of _________________ [print or
type full address], declare under penalty of perjury that I have read in its entirety and understand the
Stipulated Protective Order that was issued by the United States District Court for the Northern District of
California on [date] in the case of Malan v. Martinez Refining Co. LLC, No. 4:23-cv-04184-HSG; Cruz v.
PBF Energy, Inc., No. 4:23-cv-06142-HSG; Frye v. Martinez Refining Co. LLC, No. 4:24-cv-04506-HSG;
Saliba v. Martinez Refining Co. LLC, No. 4:24-CV-08153-HSG; Silvestri v. Martinez Refining Co. LLC,
No. 4:24-cv-08241-HSG; Manning v. Martinez Refining Co. LLC, No. 4:24-cv-08316-HSG; Canning v.
Martinez Refining Co. LLC, No. 4:25-cv-04511-HSG. I agree to comply with and to be bound by all the
terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could
expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not
disclose in any manner any information or item that is subject to this Stipulated Protective Order to any
person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Northern
District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if
such enforcement proceedings occur after termination of the Related Actions.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and telephone number] as my
California agent for service of process in connection with the Related Actions or any proceedings related
to enforcement of this Stipulated Protective Order.
Date: ______________________________________
City and State where sworn and signed: _________________________________
Printed name: _______________________________
Signature: __________________________________
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