Warren Mauran v. Wal-Mart Stores, Inc., et al

Filing 21

PROTECTIVE ORDER [CHANGES MADE BY COURT] by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 20 . See order for details. (hr)

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Cheryl Johnson-Hartwell (SBN 221063)
E-mail: [e-mail]
Paloma P. Peracchio (SBN 259034)
E-mail: [e-mail]
Amber N. Morton (SBN 288096)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendant,
WAL-MART STORES, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WARREN MAURAN, an individual,

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Plaintiff,

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v.

Case No. 2:16-cv-07808-RGK-JC
PROTECTIVE ORDER
[CHANGES MADE BY COURT]

WAL-MART STORES, INC., a
Delaware Corporation; and DOES 110, business entities, DOES 11-20,
individuals; DOES 21-30, inclusive,
Defendants

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1.

A.

PURPOSES AND LIMITATIONS

As the parties have represented that discovery in this action is 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, this Court enters the following
Protective Order. This Order does not confer blanket protections on all disclosures
or responses to discovery. The protection it affords from public disclosure and use
extends only to the limited information or items that are entitled to confidential
treatment under the applicable legal principles. Further, as set forth in Section 12.3,

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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below, this Protective Order does not entitle the parties to file confidential

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information under seal. Rather, when the parties seek permission from the court to

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file material under seal, the parties must comply with Civil Local Rule 79-5 and

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with any pertinent orders of the assigned District Judge and Magistrate Judge.

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B.

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The parties have represented that that discovery in this action is likely to

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involve commercial, financial, and/or proprietary information for which special

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protection from public disclosure and from use for any purpose other than

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prosecution of this action is warranted. The parties have further represented that

GOOD CAUSE STATEMENT

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such confidential and proprietary materials and information consist of, among other

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things, confidential business or financial information, information regarding

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confidential business practices, or other confidential commercial information

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(including information implicating privacy rights of third parties), information

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otherwise generally unavailable to the public, or which may be privileged or

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otherwise protected from disclosure under state or federal statutes, court rules, case

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decisions, or common law. Accordingly, to expedite the flow of information, to

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facilitate the prompt resolution of disputes over confidentiality of discovery

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materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of

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such material in connection with this action, to address their handling at the end of

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the litigation, and to serve the ends of justice, a protective order for such

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information is justified in this matter. The parties shall not designate any

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information/documents as confidential for tactical reasons and shall not designate

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information/documents as confidential without a good faith belief that such

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information/documents have been maintained in a confidential, non-public manner,

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and that there is good cause or a compelling reason such information/documents

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should not be part of the public record of this case.

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ATTO RNEY S AT LAW
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2.

DEFINITIONS
2.1

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Action: refers to the Complaint for Damages filed by Plaintiff against

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WALMART on July 28, 2016 in the Superior Court of California, County of Los

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Angeles, Case No. BC628471, and subsequently removed to the United States

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District Court for the Central District of California, Case No. 2:16-cv-07808-RGK-

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JC.

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2.2

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
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“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
2.5

Designating Party: a Party or Non-Party that designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY,”

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or “HIGHLY CONFIDENTIAL – SOURCE CODE.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced

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or generated in disclosures or responses to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a matter

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pertinent to the litigation who has been retained by a Party or its counsel to serve as

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an expert witness or as a consultant in this Action.

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2.8

HIGHLY CONFIDENTIAL — ATTORNEY EYES ONLY:

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information, including a formula, pattern, compilation, program, device, method,

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technique, or process that: (1) derives independent economic value, actual or

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potential, from not being generally known to the public or to other persons who can

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obtain economic value from its disclosure; and (2) is the subject of efforts that are

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reasonable under the circumstances to maintain its secrecy. This includes any

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documents containing corporate trade secrets, nonpublic research and development

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data, pricing formulas, prospective inventory management programs, confidential

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business information not generally known to the general public, and customer-

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related information.

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2.9

HIGHLY CONFIDENTIAL – SOURCE CODE: information that is,

or includes, confidential, proprietary, or trade secret source code.

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2.10 House Counsel: attorneys who are employees of a party to this Action.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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2.11 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.

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2.12 Outside Counsel of Record: attorneys who are not employees of a

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party to this Action but are retained to represent or advise a party to this Action and

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have appeared in this Action on behalf of that party or are affiliated with a law firm

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which has appeared on behalf of that party, and includes support staff.

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2.13 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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2.14 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.15 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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///

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2.16 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY

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EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”

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2.17 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
3.

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SCOPE
The protections conferred by this Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any deposition testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material, other than during a court hearing or at

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trial.

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Any use of Protected Material during a court hearing or at trial shall be

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governed by the orders of the presiding judge. This Order does not govern the use

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of Protected Material during a court hearing or at trial.

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4.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in this Action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or written

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communications that qualify so that other portions of the material, documents,

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber the case development process or to

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impose unnecessary expenses and burdens on other parties) may expose the

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Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:

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(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions), that the Producing Party affix

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at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL

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legend”), to each page that contains protected material. If only a portion or portions

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of the material on a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making appropriate markings in

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the margins).

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated

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which documents it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix the

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“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).
(b)

for testimony given in depositions that the Designating Party identify

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the Disclosure or Discovery Material on the record, before the close of the

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deposition all protected testimony.

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(c)

for information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a prominent place on

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the exterior of the container or containers in which the information is stored the

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legend “CONFIDENTIAL.” If only a portion or portions of the information

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warrants protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).

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5.3

Inadvertent Failure to Designate. The inadvertent production by a

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Producing Party of any Disclosure or Discovery Material without a “Confidential”

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designation, shall be without prejudice to any claim that such Disclosure or

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Discovery Material is “Confidential” and such Producing Party shall not be held to

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have waived any rights by such inadvertent production. In the event that any

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Disclosure or Discovery Material that is subject to a “Confidential” designation is

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inadvertently produced without such designation, the Producing Party shall give

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written notice of such inadvertent production within twenty-one (21) days of

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discovery of the inadvertent production, together with a further copy of the subject

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Disclosure or Discovery Material designated as “Confidential” (the “Inadvertent

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Production Notice”). Upon receipt of such Inadvertent Production Notice, the

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Receiving Party shall promptly destroy the inadvertently produced Disclosure or

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Discovery Material and all copies thereof, or, at the expense of the Producing Party,

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return such together with all copies of such Disclosure or Discovery Material to

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counsel for the Producing Party and shall retain only the “Confidential” designated

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Disclosure or Discovery Material. Should the Receiving Party choose to destroy

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such inadvertently produced Disclosure or Discovery Material, the Receiving Party

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shall notify the Producing Party in writing of such destruction within ten (10) days

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of receipt of the Inadvertent Production Notice. This provision is not intended to

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apply to any inadvertent production of any information protected by attorney-client

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or work product privileges. In the event that this provision conflicts with any

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applicable law regarding waiver of confidentiality through the inadvertent

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production of Disclosure or Discovery Material, such law shall govern.

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The disclosure or production of any documents subject to a legally

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recognized claim of privilege (including, without limitation, the attorney-client

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privilege, work-product doctrine, or other applicable privilege) shall be protected

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and excluded from argument from any party that:

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(a)

the disclosure was not inadvertent by the Producing Party;

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(b)

the Producing Party did not take reasonable steps to prevent the

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disclosure of privileged documents;
(c)

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the Producing Party did not take reasonable or timely steps to rectify

such disclosure; and/or
(d)

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such disclosure acts as a waiver of applicable privileges or protections

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associated with such documents.

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S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.

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6.3

The burden of persuasion in any such challenge proceeding shall be on

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the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use designated material only

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for this litigation. Designated material may be disclosed only to the categories of

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persons and under the conditions described in this Order.

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7.2

Disclosure of CONFIDENTIAL Material Without Further Approval.

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Unless otherwise ordered by the Court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any material designated CONFIDENTIAL

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only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action and

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employees of Outside Counsel of Record to whom disclosure is reasonably

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necessary;

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(b)

The officers, directors, and employees of the Receiving Party to whom

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disclosure is reasonably necessary, and who have signed the Agreement to Be

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Bound (Exhibit A);

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(c)

Experts retained by the Receiving Party’s Outside Counsel of Record

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to whom disclosure is reasonably necessary, and who have signed the Agreement to

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Be Bound (Exhibit A);

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(d)

The Court and its personnel;

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(e)

Outside court reporters and their staff, professional jury or trial

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consultants, and professional vendors to whom disclosure is reasonably necessary,

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and who have signed the Agreement to Be Bound (Exhibit A);
(f)

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During their depositions, witnesses in the action to whom disclosure is

reasonably necessary and who have signed the Agreement to Be Bound (Exhibit
A);
(g)

The author or recipient of a document containing the material, or a

custodian or other person who otherwise possessed or knew the information; and
(h)

Any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

Disclosure of HIGHLY CONFIDENTIAL — ATTORNEY EYES

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ONLY and HIGHLY CONFIDENTIAL — SOURCE CODE Material Without

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Further Approval. Unless permitted in writing by the Designating Party, a

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Receiving Party may disclose material designated HIGHLY CONFIDENTIAL —

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ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL — SOURCE CODE

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without further approval only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this action and

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employees of Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information;

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(b)

The Court and its personnel;

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7.4

Procedures for Approving or Objecting to Disclosure of HIGHLY

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CONFIDENTIAL — ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL

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— SOURCE CODE Material to In-House Counsel or Experts. Unless agreed to in

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writing by the Designating Party:

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(a)

A Receiving Party seeking to disclose any material designated

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HIGHLY CONFIDENTIAL — ATTORNEY EYES ONLY to House Counsel,

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outside court reporters and their staff, professional jury or trial consultants, mock

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jurors, and/or Professional Vendors to whom disclosure is reasonably necessary for

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this Action and who have signed the “Acknowledgment and Agreement to Be

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Bound” (Exhibit A) must first make a written request to the Designating Party

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providing the full name of the House Counsel, the city and state of such counsel’s

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residence, and such counsel’s current and reasonably foreseeable future primary job

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duties and responsibilities in sufficient detail to determine present or potential

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involvement in any competitive decision-making. House Counsel, outside court

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reports and their staff, professional jury or trial consultants, mock jurors, and/or

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Professional Vendors are not authorized to receive material designated HIGHLY

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CONFIDENTIAL — SOURCE CODE.

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(b)

A Receiving Party seeking to disclose to an Expert retained by Outside

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Counsel of Record any information or item that has been designated HIGHLY

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CONFIDENTIAL — ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL

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— SOURCE CODE must first make a written request to the Designating Party that

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(1) identifies the general categories of HIGHLY CONFIDENTIAL —

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ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL — SOURCE CODE

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information that the Receiving Party seeks permission to disclose to the Expert, (2)

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sets forth the full name of the Expert and the city and state of his or her primary

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residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the

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Expert’s current employer(s), (5) identifies each person or entity from whom the

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Expert has received compensation or funding for work in his or her areas of

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expertise (including in connection with litigation) in the past five years, and (6)

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identifies (by name and number of the case, filing date, and location of court) any

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litigation where the Expert has offered expert testimony, including by declaration,

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report, or testimony at deposition or trial, in the past five years. If the Expert

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believes any of this information at (4) - (6) is subject to a confidentiality obligation

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to a third party, then the Expert should provide whatever information the Expert

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believes can be disclosed without violating any confidentiality agreements, and the

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Receiving Party seeking to disclose the information to the Expert shall be available

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to meet and confer with the Designating Party regarding any such confidentiality

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obligations.
(c)

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A Receiving Party that makes a request and provides the information

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specified in paragraphs 7.4(a) or 7.4(b) may disclose the designated material to the

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identified House Counsel or Expert unless, within seven days of delivering the

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request, the Receiving Party receives a written objection from the Designating Party

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providing detailed grounds for the objection.
All challenges to objections from the Designating Party shall proceed under

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Local Rule 37-1 through Local Rule 37-4.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION
If a Receiving Party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL — ATTORNEY

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EYES ONLY,” or “HIGHLY CONFIDENTIAL — SOURCE CODE,” that

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Receiving Party must:

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(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

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to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Protective Order; and

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(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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If the Designating Party timely seeks a protective order, the Receiving Party

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served with the subpoena or court order shall not produce any information

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designated in this action as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL —

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ATTORNEY EYES ONLY,” or “HIGHLY CONFIDENTIAL — SOURCE

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CODE,” before a determination by the court from which the subpoena or order

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issued, unless the Receiving Party has obtained the Designating Party’s permission,

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or unless otherwise required by the law or court order. The Designating Party shall

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bear the burden and expense of seeking protection in that court of its confidential

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material and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this Action to disobey a lawful directive from

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another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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(a)

The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY

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CONFIDENTIAL — ATTORNEY EYES ONLY,” or “HIGHLY

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CONFIDENTIAL — SOURCE CODE.” Such information produced by Non-

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Parties in connection with this litigation is protected by the remedies and relief

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provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to

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produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-

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Party that some or all of the information requested is subject to a confidentiality

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agreement with a Non-Party;

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(2)

promptly provide the Non-Party with a copy of the Protective

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Order in this Action, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and
(3)

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make the information requested available for inspection by the

Non-Party, if requested.
(c)

If a Non-Party represented by counsel fails to commence the process

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called for by Local Rules 45-1 and 37-1, et seq. within 14 days of receiving the

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notice and accompanying information or fails contemporaneously to notify the

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Receiving Party that it has done so, the Receiving Party may produce the Non-

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Party’s confidential information responsive to the discovery request. If an

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unrepresented Non-Party fails to seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Receiving Party

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may produce the Non-Party’s confidential information responsive to the discovery

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall

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not produce any information in its possession or control that is subject to the

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confidentiality agreement with the Non-Party before a determination by the court

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unless otherwise required by the law or court order. Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of seeking protection in

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this court of its Protected Material

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any persons or in any circumstance not authorized under this

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Protective Order, the Receiving Party must immediately (a) notify in writing the

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Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

25

all unauthorized copies of the Protected Material, (c) inform the person or persons

26

to whom authorized disclosures were made of all the terms of this Order, and (d)

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request such person or persons to execute the “Acknowledgment and Agreement to

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Be Bound” that is attached hereto as Exhibit A.

B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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11.

PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain

4

inadvertently produced material is subject to a claim of privilege or other

5

protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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whatever procedure may be established in an e-discovery order that provides for

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

10

of a communication or information covered by the attorney-client privilege or work

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product protection, the parties may incorporate their agreement into this Protective

12

Order.

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12.

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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.

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12.2 Right to Assert Other Objections. No Party waives any right it

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otherwise would have to object to disclosing or producing any information or item

18

on any ground not addressed in this Protective Order. Similarly, no Party waives

19

any right to object on any ground to use in evidence of any of the material covered

20

by this Protective Order.

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12.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5 and with any pertinent

23

orders of the assigned District Judge and Magistrate Judge. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party's request to file Protected Material

26

under seal is denied by the court, then the Receiving Party may file the information

27

in the public record unless otherwise instructed by the court.

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4847-4256-6214 v1

- 15 PROTECTIVE ORDER

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2

13.

FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 4, within 60

3

days of a written request by the Designating Party, each Receiving Party must

4

return all Protected Material to the Producing Party or destroy such material. As

5

used in this subdivision, “all Protected Material” includes all copies, abstracts,

6

compilations, summaries, and any other format reproducing or capturing any of the

7

Protected Material. Whether the Protected Material is returned or destroyed, the

8

Receiving Party must submit a written certification to the Producing Party (and, if

9

not the same person or entity, to the Designating Party) by the 60 day deadline that

10

(1) identifies (by category, where appropriate) all the Protected Material that was

11

returned or destroyed and (2) affirms that the Receiving Party has not retained any

12

copies, abstracts, compilations, summaries or any other format reproducing or

13

capturing any of the Protected Material. Notwithstanding this provision, Counsel

14

are entitled to retain an archival copy of all pleadings, motion papers, trial,

15

deposition, and hearing transcripts, legal memoranda, correspondence, deposition

16

and trial exhibits, expert reports, attorney work product, and consultant and expert

17

work product, even if such materials contain Protected Material. Any such archival

18

copies that contain or constitute Protected Material remain subject to this Protective

19

Order as set forth in paragraph 4 (DURATION).

20

14.

Any violation of this Order may be punished by any and all

21

appropriate measures including, without limitation, contempt proceedings and/or

22

monetary sanctions.

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IT IS SO ORDERED.
Dated: May 5, 2017

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/s/

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Honorable Jacqueline Chooljian
United States Magistrate Judge

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4847-4256-6214 v1

- 16 PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _____________________________________ [print or type full name], of

4

__________________________ [print or type full address], declare under penalty

5

of perjury that I have read and understand the Protective Order that was issued by

6

the United States District Court for the Central District of California on May 5,

7

2017 in the case of Warren Mauran v. Wal-Mart Stores, Inc., Case No. 2:16-cv-

8

07808-RGK-JC. I agree to comply with and to be bound by all the terms of this

9

Protective Order and I understand and acknowledge that failure to so comply could

10

expose me to sanctions and punishment in the nature of contempt. I solemnly

11

promise that I will not disclose in any manner any information or item that is

12

subject to this Protective Order to any person or entity except in strict compliance

13

with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court

15

for the Central District of California for the purpose of enforcing the terms of this

16

Protective Order, even if such enforcement proceedings occur after termination of

17

this action. I hereby appoint _________________________ [print or type full

18

name] of ______________________________________________ [print or type

19

full address and telephone number] as my California agent for service of process in

20

connection with this action or any proceedings related to enforcement of this

21

Protective Order.

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Date: ____________________________

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City and State where sworn and signed: __________________________________

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25

Printed name: __________________________

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Signature: _____________________________

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4847-4256-6214 v1

- 17 PROTECTIVE ORDER