Jennifer Powers et al v. Nordstrom, Inc. et al

Filing 27

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 26 . (See Order for details) (bem)

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SCOTT B. COOPER (State Bar No. 174520)
[e-mail]
THE COOPER LAW FIRM, P.C.
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]

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(Additional Attorney Information on Signature Block)

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Attorneys for Plaintiffs
LARRY CHAPPELL and SHAMEA OGIAMIEN

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JULIE A. DUNNE, Bar No. 160544
[e-mail]
LARA K. STRAUSS, Bar No. 222866
[e-mail]
DAWN FONSECA, Bar No. 259405
[e-mail]
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone: [phone]
Facsimile: 619.232.4302
Attorneys for Defendant
NORDSTROM, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LARRY CHAPPELL and SHAMEA
OGIAMIEN, individually and on
behalf of all others similarly situated
and on behalf of the general public,

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Plaintiffs,
v.
NORDSTROM, INC., a Washington
Corporation, and DOES 1 through 10,
inclusive,
Defendants.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

Case No. 13-CV-05639 GAF (JCGx)

STIPULATED [Proposed]
PROTECTIVE ORDER

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Good Cause Statement
1.

Named Plaintiffs’ allegations may require disclosure of private and/or

confidential information regarding Nordstrom’s current and/or former employees,
including information about whether and why employees were asked to undergo
security bag or package checks when leaving the store, the results of such security
checks and employees’ pay, contact information and/or performance histories. In
addition, Nordstrom expects that Named Plaintiffs may request and it may need to
produce confidential business information involving Nordstrom’s business policies
and practices, including those relating to its loss prevention efforts, that would likely
cause significant harm to Nordstrom if it is made available or accessible publicly or to
Nordstrom’s competitors.

protective order, as the protective order will allow the parties to engage in discovery
in this lawsuit while providing a means for limiting access to, and disclosure of,
private, confidential and/or trade secret information. The purpose of this protective
order is to protect the confidentiality of such materials as much as practicable during
the litigation.

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Good cause therefore exists for the issuance of this

Definitions And Designation
2.

“Confidential Information” refers to information contained in any paper,

document, database, spreadsheet, video recording, audio recording, electronic record
or any other electronic or hard copy format that is stamped with a “Confidential”
designation. Confidential Information may include, but is not limited to: (a) trade
secret, confidential or sensitive proprietary business information belonging to
Nordstrom, including but not limited to information about its security and loss
prevention practices and procedures; and (b) information about current, past or
prospective employees that is of a confidential or private nature, including current or
former employees’ contact information, wage information, job performancedocumentation and information relating to the results of any security bag or package

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

2.

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check that led to disciplinary action or criminal prosecution. Confidential Information
shall not include any information that: (a) is already public knowledge or otherwise in
the public domain; (b) has become public knowledge or enters the public domain
other than as a result of a disclosure in violation of this Stipulation; or (c) has come or
shall come into a “Receiving Party’s” legitimate possession from sources other than
the “Designating Party” and other than as a result of a violation of any lawful
Nordstrom confidentiality policy.
3.

“Attorneys Eyes Only Material” means any information contained in any

paper, document, database, spreadsheet, video recording, audio recording, electronic
record or any other electronic or hard copy format that is stamped with an “Attorneys
Eyes Only” designation.

Attorneys Eyes Only Material may include, but is not

limited to, highly confidential or sensitive business information that could cause
financial harm to Nordstrom if disseminated to the public or competitors.
4.

Any party may designate any material produced by that party as

“Confidential” or “Attorneys Eyes Only” where he, she, or it believes in good faith
that such material qualifies for that designation as defined above.

stamping “Confidential” or “Attorneys Eyes Only” on the cover of a multiple page
document shall classify all pages of the document with the same designation unless
otherwise indicated by the Designating Party. Marking or stamping “Confidential
Information” or “Attorneys Eyes Only Material” on a label on any electronic storage
medium shall designate the entire contents of such electronic storage medium as
Confidential Information or Attorneys Eyes Only Material.
Access to Confidential Information And Attorneys Eyes Only Material
5.

Confidential Information produced or received in this action subject to

this protective order shall not be disclosed by any Receiving Party except to: the
Court, including assigned judges, their staff, jurors and other court personnel; court
reporters and videographers recording or transcribing testimony in this action;

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Marking or

Firmwide:122944043.7 058713.1048

3.

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attorneys of record for the parties and their respective associates, paralegals, clerks,
and employees involved in the conduct of this litigation and in-house attorneys at
Nordstrom. Notwithstanding the foregoing, the following designated persons may
also receive and review Confidential Information:

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a.

witnesses, but only to the extent that the Confidential Information is directly related to
their expected testimony;

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b.

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lawfully received or reviewed the documents or to whom the Confidential Information
has previously been made available other than by one receiving such Confidential
Information in connection with this action;
d.

e.

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Mediators used to try to resolve the action;

f.

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Experts or consultants who are engaged by counsel for any party to

perform investigative work, factual research, or other services relating to this action;

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Any person who was involved in the preparation of the document,

materials or the discovery responses containing Confidential Information or who

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Named Plaintiffs;

c.

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Current or former employees of Nordstrom who may serve as

Any other person with the prior written consent of the Designating

Party.
6.

Attorneys Eyes Only Material produced or received in this action subject

to this protective order shall not be disclosed, revealed or disseminated by the
Receiving Party except to: the Court, including assigned judges, their staff, jurors and
other court personnel; court reporters and videographers recording or transcribing
testimony in this action; attorneys of record for the parties and their respective
associates, paralegals, clerks, and in-house attorneys at Nordstrom and employees
assisting such attorneys in the conduct of this litigation.

foregoing, the following designated persons may also review Attorneys Eyes Only
Material:

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Notwithstanding the

Firmwide:122944043.7 058713.1048

4.

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a.

perform investigative work, factual research, or other services relating to this action;

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b.

related to their expected testimony;
c.

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Mediators used to try to resolve the action;

d.

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Current or former employees of Nordstrom who may serve as

witnesses, but only to the extent that the Attorneys Eyes Only Material is directly

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Experts or consultants who are engaged by counsel for any party to

Any other person with the prior written consent of the Designating

Party.
7.

Any person who falls within a category identified in Paragraph 5(a)-(f)

may review all Confidential Information in the presence of counsel for Named
Plaintiffs but are not entitled to receive copies thereof unless they execute the NonDisclosure Agreement in the form set forth in Attachment A, prior to reviewing any
Confidential Information. Prior to reviewing any Attorneys Eyes Only Material, any
person who falls within a category identified in Paragraph 6(a)-(d) shall be provided a
copy of this protective order and shall agree to be bound by its terms by executing the
Non-Disclosure Agreement in the form set forth in Attachment B.
8.

The parties shall retain copies of any executed Non-Disclosure

Agreements until the end of the action. In the event of a possible violation of this
protective order while this action is pending, a party may request that the Court order
production of the executed Non-Disclosure Agreements for good cause. Otherwise,
the Non-Disclosure Agreements are confidential and are not subject to any discovery
request while the action is pending. No more than thirty (30) days after the end of
litigation in the action, the party who received the Confidential Information and/or
Attorneys Eyes Only Material shall provide copies of all executed Non-Disclosure
Agreements to the party who produced the Confidential Information and/or Attorneys
Eyes Only Material.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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9.

The action is at an end when all of the following that are applicable

occur: (a) a final judgment has been entered by the Court or the case has otherwise
been dismissed with prejudice; (b) the time for any objection to or request for
reconsideration of such a judgment or dismissal has expired; (c) all available appeals
have concluded or the time for such appeals has expired; and (d) any post appeal
proceedings have concluded.
Use Of Confidential Information And Attorneys Eyes Only Material
10.

Either party shall use Confidential Information and Attorneys Eyes Only

Material, regardless of which party designates it as such, solely and exclusively for
preparing for, prosecuting, and/or defending this case, including claims on behalf of
the Named Plaintiffs and any putative class members pending the completion of the
judicial process, including appeal. Confidential Information and Attorneys Eyes Only
Material cannot be used for any other purpose in any other matter or proceeding for
any reason whatsoever.
11.

Nothing in this protective order shall restrict any party’s counsel from

giving advice to its/his/her client(s) with respect to this action and, in the course
thereof, relying upon Confidential Information and/or Attorneys Eyes Only Material,
provided that in giving such advice, counsel shall not disclose the other party’s
Confidential Information and/or Attorneys Eyes Only Material other than in a manner
expressly provided for in this protective order.
12.

Testimony taken at a deposition that involves Confidential Information or

Attorneys Eyes Only Material must be designated as “Confidential” or “Attorneys
Eyes Only Material” by making a statement to that effect on the record at the
deposition and identifying the specific testimony or items claimed to be Confidential
Information or Attorneys Eyes Only Material. Arrangements shall be made with the
deposition reporter taking and transcribing information designated as Confidential
and/or Attorneys Eyes Only Material to bind separately such portions of the

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

6.

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deposition transcript, and/or to label such portions appropriately. If any portions of
the deposition transcript and/or video or audio versions of the depositions contain
testimony designated as Confidential Information or Attorneys Eyes Only Material, or
references thereto, they must be filed with the Court in compliance with this protective
order.
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Additionally, a copy of the protective order shall be attached as an

exhibit to any deposition transcript to which it is applicable and the court reporter
shall be subject to the protective order and precluded from providing the original or
copies of the deposition transcript or portions thereof, any copies thereof, or portions
of copies thereof, to any persons or entities other than counsel of record in the action.
Any audiotape and/or videotape of said deposition shall also be subject to this
protective order. The deposition videographer shall be subject to this protective order
and precluded from providing the original deposition videotape or portions of the
videotape to any persons or entities other than counsel of record. Any audiotape shall
also be subject to this protective order and all persons shall be precluded from
providing the original deposition audiotape or portions of the audiotape, to any
persons or entities other than counsel of record in the action.
14.

Only individuals permitted access to Confidential Information or

Attorneys Eyes Only Material shall attend any deposition where Confidential
Information or Attorneys Eyes Only Material is used. However, where feasible, an
individual who is not allowed access to Attorneys Eyes Only Material may attend
portions of the deposition where Attorneys Eyes Only Material is not used or
discussed. Individuals attending any depositions using Confidential Information or
Attorneys Eyes Only Material shall not disclose to any person any statements made by
deponents at depositions that reference Confidential Information or Attorneys Eyes
Only Material unless that person is independently allowed access to the information.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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Nothing in this protective order gives any individual the right to attend a deposition
that they would not otherwise be entitled to attend.
15.

Attorneys Eyes Only Material pursuant to this Stipulation receives a subpoena or
written discovery demand in pending litigation or administrative proceedings
(“Discovery Request”) from any non-party (including, without limitation, parties to
other, unrelated lawsuits or any state, federal or foreign regulatory or administrative
body or agency) seeking the production of Confidential Information and/or Attorneys
Eyes Only Material:

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a.

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Attorneys Eyes Only Material in response thereto without first providing the
Designating Party a reasonable opportunity to seek appropriate protective treatment or
other relief.
b.

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The Receiving Party shall immediately provide the Designating

Party with telephonic and written notice of the Discovery Request and shall
immediately send a copy of the Discovery Request to the Designating Party by
facsimile, email and/or overnight mail.

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The Receiving Party shall promptly disclose such fact to the

Designating Party and shall not disclose any Confidential Information and/or

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In the event that any Receiving Party of Confidential Information and/or

c.

It shall be the obligation of the Designating Party to obtain an

order from the appropriate court to preclude or restrict production of any Confidential
Information and/or Attorneys Eyes Only Material requested pursuant to the Discovery
Request.
d.

The Receiving Party shall continue to abide by the terms of this

Stipulation and maintain the confidentiality of any Confidential Information and/or
Attorneys Eyes Only Material sought by the Discovery Request unless and until
either: (i) the Designating Party consents to the production of Confidential
Information and/or Attorneys Eyes Only Material pursuant to the Discovery Request

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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or (ii) the Receiving Party is directed to produce the Confidential Information and/or
Attorneys Eyes Only Material by a court having competent jurisdiction over the
dispute and the parties thereto.

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e.

shall not be deemed to make Confidential Information or Attorneys Eyes Only
Material ‘public’ for purposes of paragraph 2 and does not change any party’s
obligations under this protective order except for allowing the disclosure pursuant to
the terms of the Discovery Request or court order.

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The disclosure of information in response to a Discovery Request

No Waiver And Challenges to Designation
16.

Whether or not any evidence or testimony is, in fact, designated as

“Confidential” or “Attorneys Eyes Only” shall not be conclusive of whether it is
lawfully entitled to other confidentiality protections, including the protection of trade
secrets as defined by California Civil Code section 3426.1, and the failure to make
such a designation shall not constitute a waiver of any such protections.
17.

By entering into this protective order, the parties do not waive any right

to challenge whether any material (including without limitation evidence or
testimony) designated or not designated as Confidential Information or Attorneys
Eyes Only Material is properly designated or not designated as such, and do not waive
the right to challenge at any hearing, trial or other proceeding whether such
information is, in fact, confidential or private.
18.

To the extent a party wishes to object to the designation of evidence or

testimony as Confidential Information or Attorneys Eyes Only Material, the following
procedures apply:
a.

Any party may in good faith object to the designation of any

evidence or testimony as Confidential Information or Attorneys Eyes Only Material or
to the limitations as to the use and disclosure of such information, by providing

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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written notice of such objections to the Designating Party. The grounds for any
objections shall be stated with reasonable particularity.

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b.

faith on an informal basis. If the dispute cannot be resolved within fourteen (14) days
after the objection is served, the Receiving Party may apply to the Court, on
reasonable notice, for an order permitting the use and dissemination of the challenged
document. The challenged documents shall be treated as confidential until such time
as the Court has ruled on the motion.

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The parties shall thereafter attempt to resolve such dispute in good

Filing Under Seal And Handling At Hearings And Trial
19.

With regard to any Confidential Information or Attorneys Eyes Only

Material to be filed with the Court, such documents must be filed under seal in
compliance with Central District Local Rule 79-5.
20.

Should the need arise to offer testimony at a hearing or trial to present

evidence marked as Confidential or Attorneys Eyes Only that cannot be addressed
through sealing the evidence, the parties will work in good faith to reach an agreement
to use a redacted version of the evidence. If they cannot reach an agreement, then the
Receiving Party will be allowed an opportunity to seek an appropriate court order to
determine to what extent the Confidential Information or Attorneys Eyes Only
Material may become public. Nothing shall prejudice any parties’ rights to object to
the introduction of any Confidential Information or Attorneys Eyes Only Material into
evidence, on grounds, including, but not limited to, relevance and privilege.

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Inadvertent Failure To Designate
21.

If, through inadvertence, any party produces or offers as testimony any

Confidential Information or Attorneys Eyes Only Material without labeling it or
otherwise designating it as such, the producing party may, at any time, give written
notice designating such information as Confidential Information or Attorneys Eyes
Only Material.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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Clawback Provisions
22.

Pursuant to Federal Rule of Evidence 502(d) and (e), the parties also

wish to protect certain privileged and work product documents, information, and
electronically stored information against claims of waiver in the event they are
produced during the course of this litigation, whether pursuant to a court order, a
discovery request or informal production.
23.

The inadvertent production of any document in this action shall be

without prejudice to any claim that such material is protected by any legally
cognizable privilege or evidentiary protection including but not limited to the
attorney-client privilege and/or the work product doctrine, and no party shall be held
to have waived any rights by such inadvertent production.
24.

If any document produced by another party is on its face subject to a

legally recognizable privilege or evidentiary protection, the receiving party shall: (a)
refrain from reading the document any more closely than is necessary to ascertain that
it is privileged or protected; (b) immediately notify the producing party in writing that
it has discovered documents believed to be privileged or protected; (c) specifically
identify the documents by Bates number range or other identifying information; and
(d) return all hard and soft copies of the documents and, where the documents have
been transferred or stored electronically, delete the documents from the devices on
which they are or were stored or accessed or otherwise make them inaccessible. The
steps in this paragraph shall be completed within seven (7) days of discovery by the
receiving party. The producing party shall preserve all document(s) returned under
this paragraph until it confirms that there is no dispute about the privileged and/or
work product nature of the document(s) or, if there is a dispute, until the privilege
issue is resolved. Notwithstanding the provisions of this paragraph, the receiving
party is under no obligation to search or review the producing party’s documents to
identify potentially privileged or work product protected documents.

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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25.

Upon discovering an unintentional production of document(s) the

producing party believes to be privileged, the producing party shall promptly notify
the receiving party of the inadvertent production in writing, specifically identifying
(e.g., through bates numbers, document title(s), email sender/recipient name, etc.) the
document(s) at issue. Upon receiving this notice, the receiving party shall not review,
use or disclose the inadvertently privileged document(s) and must either promptly
destroy the document(s) or return all hard and soft copies of the document(s) to the
producing party.

Where the document(s) have been transferred or stored

electronically, the receiving party must delete the document(s) from the devices on
which they are or were stored or accessed or otherwise make them inaccessible to the
receiving party. The steps in this paragraph shall be completed within seven (7) days
of notice of the inadvertent production by the producing party. The producing party
must sequester and preserve all documents returned or identified as disputed under
this paragraph in the same condition as produced until the privilege issue is resolved
by the parties or the Court. Upon request, the producing party must also provide the
receiving party with a privilege log including the following information for each
document at issue: (a) the nature and substance of the document described with
sufficient particularity to enable the Court and parties to identify the document; (b) the
date of the document; (c) the number of pages of the document; (d) the basis on which
any privilege or other protection is claimed; and (e) whether any non-privileged or
non-protected matter is included in the document.
26.

If there is a dispute as to whether the document(s) identified by the

producing party are in fact privileged, the receiving party must notify the producing
party in writing that it disputes the claim of privilege. The parties must then meet and
confer regarding the dispute within seven (7) days of the date that the receiving party
objects to the producing party’s designation of the document(s) as privileged. If the
parties are unable to resolve the dispute during this meet and confer conference, the

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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receiving party shall have thirty days (30) from the date of the conference to file an
appropriate motion and, as part of that motion, submit the specified documents to the
Court under seal for a determination of the claim and will provide the Court with the
producing party’s stated grounds for the asserted privilege or protection except where
such a submission would violate existing law. Any party may request expedited
treatment of any request for the Court’s determination of the claim. If the receiving
party files an appropriate motion within the thirty-day time period, the document(s) in
question will remain sequestered and preserved by the producing party until the Court
rules on the status of the document(s) in question. If the receiving party fails to file a
motion seeking the protection of the Court within the thirty (30) day period after the
meet and confer conference, the receiving party must return the specified document(s)
no later than the day following the expiration of the thirty (30) day period or the date
when the receiving party indicates in writing that it will not file a motion seeking a
ruling on the asserted privilege from the Court, whichever occurs earlier.
27.

To the extent that the information contained in a document subject to a

claim of privilege under this provision has already been used in or described in other
documents generated or maintained by the receiving party, then the receiving party
must delete and/or render inaccessible those portions of the document that refer to the
privileged and/or work product information. If the receiving party disclosed the
specified document(s) before being notified of its inadvertent production, it must take
reasonable steps to retrieve the document(s).
28.

The receiving party’s return or destruction of such privileged or protected

documents as provided herein will not act as a waiver of the requesting party’s right to
move for the production of the returned or destroyed documents on the grounds that
the documents are not in fact subject to a viable claim of privilege or protection.
However, the receiving party is prohibited and estopped from arguing that the

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

Firmwide:122944043.7 058713.1048

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production of the documents in this matter acts as a waiver of an applicable privilege
or evidentiary protection.

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Termination Of Case
29.

The terms of this protective order shall survive the final termination of

this action and shall be binding on all of the parties thereafter.
30.

Within thirty (30) days of the termination or settlement of this action,

each party must return or make available for pick-up Confidential Information or
Attorneys Eyes Only Material received during this litigation from the other party and
copies of any deposition transcripts designated as Confidential Information or
Attorneys Eyes Only Material. Where Confidential Information or Attorneys Eyes
Only Material has been transferred or stored electronically, the Receiving Party must
delete the electronic versions from the devices on which they are or were stored or
accessed

or

otherwise

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them

to

the

Receiving

Party.

strictest confidence, those copies of any part of the Confidential Information or
Attorneys Eyes Only Material that have become part of the official record of this
litigation and may retain abstracts or summaries of such materials, which contain
counsel’s mental impressions or opinions. Such information shall remain subject to
the terms of this protective order.
31.

Upon returning to the other side all Confidential Information or

Attorneys Eyes Only Material and/or deposition testimony, the returning party must
also execute and furnish the Certificate of Surrender and Deletion of Confidential
Information and Attorneys Eyes Only Material Agreement in the form set forth in
Attachment C.
Miscellaneous Provisions
32.

The parties expressly agree that, by entering into this protective order,

they do not waive any objections to any discovery requests and, further, that they do

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

inaccessible

Notwithstanding these provisions, counsel of record for the parties may keep, in

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make

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not agree to the production of any information or documents, or type or category of
information or documents.
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parties. In addition:

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This protective order is subject to modification by stipulation of the

a.

The Court may modify this Order sua sponte in the interest of

b.

This Order is subject to further court orders based upon public

justice.

policy and other considerations.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: February 28, 2014

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Dated: February 28, 2014

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/s/ Scott B. Cooper
SCOTT B. COOPER
THE COOPER LAW FIRM, P.C.
Attorneys for Plaintiffs
LARRY CHAPPELL and SHAMEA
OGIAMIEN

/s/ Roger Carter
ROGER CARTER (State Bar No. 140196)
[e-mail]
THE CARTER LAW FIRM
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
LARRY CHAPPELL and SHAMEA
OGIAMIEN

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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Dated: February 28, 2014

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Attorneys for Plaintiffs
LARRY CHAPPELL and SHAMEA
OGIAMIEN

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Dated: February 28, 2014

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/s/ Kashif Haque
KASHIF HAQUE (State Bar No. 218672)
[e-mail]
SAMUEL WONG (State Bar No. 217104)
[e-mail]
ALISON M. MICELI (State Bar No.
243131)
[e-mail]
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, California 92618
Telephone: [phone]
Facsimile: [phone]

/s/ Dawn Fonseca
JULIE A. DUNNE
LARA K. STRAUSS
DAWN FONSECA
LITTLER MENDELSON, P.C.
Attorneys for Defendant
NORDSTROM, INC.

I, Scott B. Cooper, am the ECF User whose identification and password are
being used to file this Stipulated [Proposed] Protective Order. In compliance with
Local Rule 5-4.3.4(a)(2)(i), I hereby attest that Defendant’s counsel and my CoPlaintiffs’ counsel concurred in this filing and has authorized the filing.
By: _/s/ Scott B. Cooper
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: March 10, 2014
HON. JAY C. GANDHI
U. S. MAGISTRATE JUDGE

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501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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ATTACHMENT A
CONFIDENTIAL INFORMATION NON-DISCLOSURE AGREEMENT

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The undersigned hereby agrees that:

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1.

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Confidential Information that I am receiving or being shown; (b) a Named Plaintiff to
the action; (c) a person who was involved in the preparation of the document,
materials or the discovery responses containing Confidential Information or who
lawfully received or reviewed the documents or to whom the Confidential Information
has previously been made available other than by receipt of such Confidential
Information in connection with this action; (d) an expert or consultant who has been
engaged by counsel for any party to perform investigative work, factual research, or
other services relating to this action; (e) a mediator used to try to resolve the action; or
(f) a person who the parties to the action have agreed in writing may receive
Confidential Information.
3.

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I agree not to disclose any of the Confidential Information to any third

person and further agree that my use of any Confidential Information shall only be for
the prosecution, defenses, discovery, mediation and/or settlement of this action, and
not for any other purpose.

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I agree that I am one of the following: (a) a current or former employee

of Nordstrom who has been asked to serve as a witness on an issue related to the

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I have had the opportunity to review the protective order in this action.

2.

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4.

I further agree that on or before the termination or settlement of this

action, I will return all Confidential Information which is in my possession, custody,
or control to the attorneys involved in the action so that it can be returned as provided
in the protective order.
////
////
////

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501 W. Broadway
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San Diego, CA 92101.3577
619.232.0441

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5.

By signing this Confidential Information Non-Disclosure Agreement, I

stipulate to the jurisdiction of this Court to enforce the terms of this Agreement.

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Dated:

[Print Name]

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[Sign Name]

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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ATTACHMENT B
CONFIDENTIAL INFORMATION AND ATTORNEYS EYES ONLY

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MATERIAL NON-DISCLOSURE AGREEMENT
The undersigned hereby agrees that:
1.

I have had the opportunity to review the protective order in this action.

2.

I agree that I am one of the following: (a) an expert or consultant who has

been engaged by counsel for any party to perform investigative work, factual research,
or other services relating to this action; (b) a current or former employee of Nordstrom
who has been asked to serve as a witness for Nordstrom on an issue related to the
Confidential Information or Attorneys Eyes Only Material; (c) a mediator used to try
to resolve the action; or (d) a person who the parties to the action have agreed in
writing may receive Confidential Information and/or Attorneys Eyes Only Material.
3.

I agree not to disclose any Confidential Information and/or Attorneys

Eyes Only Material to any third person and further agree that my use of any
Confidential Information and/or Attorneys Eyes Only Material shall only be for the
prosecution, defenses, discovery, mediation and/or settlement of this action, and not
for any other purpose.
4.

I further agree that on or before the termination or settlement of this

action, I will return all Confidential Information and/or Attorneys Eyes Only Material
which is in my possession, custody, or control to the attorneys involved in the action
so that it can be returned as provided in the protective order.
5.

By signing this Confidential Information and Attorneys Eyes Only

Material Non-Disclosure Agreement, I stipulate to the jurisdiction of this Court to
enforce the terms of this Agreement.
Dated:

[Print Name]

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501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

[Sign Name]
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ATTACHMENT C
CERTIFICATE OF SURRENDER AND DELETION OF CONFIDENTIAL
INFORMATION AND/OR ATTORNEYS EYES ONLY MATERIAL
The undersigned represents that, pursuant to the protective order, all
Confidential Information and/or Attorneys Eyes Only Material within the possession,
custody or control of the undersigned has been returned to the producing party to the
extent it could be returned either in hard or soft copy. The undersigned further
represents that, pursuant to the protective order, and to the extent Confidential
Information or Attorneys Eyes Only Material was transferred or stored electronically,
all electronic versions of the material and information have been deleted from the
devices on which they were stored or accessed or otherwise rendered inaccessible.

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Dated:

[Print Name]

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[Sign Name]

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LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
619.232.0441

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