Angela Diamos v. Walmart Inc.

Filing 68

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 67 . (efc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ANGELA DIAMOS, Individually
and on Behalf of All Others Similarly
Situated,

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Case No. 2:19-cv-05526 SVW (GJSx)
STIPULATED PROTECTIVE
ORDER1

Plaintiff,

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v.

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WALMART INC. and
INTERNATIONAL VITAMIN
CORPORATION,

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Defendant.

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This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.

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A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles.

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B. GOOD CAUSE STATEMENT

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This action is likely to involve privileged, confidential, or nonpublic

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information, including, but not limited to, trade secrets, research, design,

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development, financial, technical, marketing, planning, personal, or commercial

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information, as such terms are used in the Federal Rules of Civil Procedure (Fed. R.

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Civ.) and any applicable case law interpreting Fed. R. Civ. 26(c)(1)(G); contracts;

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non-public compilations of retail prices; proprietary information; vendor

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agreements; personnel files; claim/litigation information; and nonpublic policies and

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procedures, for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. Such confidential and

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

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business or financial information, information regarding confidential business

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practices, or other confidential research, development, or 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 reasonably necessary uses of

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such material in preparation for and in the conduct of trial, to address their handling

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

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information is justified in this matter. It is the intent of the parties that information

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

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non-public manner, and there is good cause why it should not be part of the public

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record of this case.

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C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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The parties further acknowledge, as set forth in section 12.3, below, that this

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Stipulated Protective Order does not entitle them to file confidential information

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under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

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and the standards that will be applied when a party seeks permission from the court

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to file material under seal.

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There is a strong presumption that the public has a right of access to judicial

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proceedings and records in civil cases. In connection with non-dispositive motions,

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good cause must be shown to support a filing under seal. See Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

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Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

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Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

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require good cause showing), and a specific showing of good cause or compelling

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reasons with proper evidentiary support and legal justification, must be made with

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respect to Protected Material that a party seeks to file under seal. The parties’ mere

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designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

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without the submission of competent evidence by declaration, establishing that the

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material sought to be filed under seal qualifies as confidential, privileged, or

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otherwise protectable—constitute good cause.
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Further, if a party requests sealing related to a dispositive motion or trial, then

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compelling reasons, not only good cause, for the sealing must be shown, and the

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relief sought shall be narrowly tailored to serve the specific interest to be protected.

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See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

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each item or type of information, document, or thing sought to be filed or introduced

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under seal in connection with a dispositive motion or trial, the party seeking

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protection must articulate compelling reasons, supported by specific facts and legal

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justification, for the requested sealing order. Again, competent evidence supporting

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the application to file documents under seal must be provided by declaration.

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Any document that is not confidential, privileged, or otherwise protectable in

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its entirety will not be filed under seal if the confidential portions can be redacted.

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If documents can be redacted, then a redacted version for public viewing, omitting

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only the confidential, privileged, or otherwise protectable portions of the document,

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shall be filed. Any application that seeks to file documents under seal in their

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entirety should include an explanation of why redaction is not feasible.

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2.

DEFINITIONS

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2.1

Action: this pending federal lawsuit.

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2.2

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

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designation of information or items under this Order.
2.3

“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).
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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.”
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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 or

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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

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

House Counsel does not include Outside Counsel of Record or any other outside
counsel.
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Non-Party: any natural person, partnership, corporation, association or

other legal entity not named as a Party to this action.
2.10 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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that has appeared on behalf of that party, and includes support staff.

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2.11 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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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13 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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2.14 Covered Data: any information that a party believes in good faith to be

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subject to federal, state or foreign data protection laws or other privacy obligations.

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Examples of such data protection laws include but are not limited to The Gramm4

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Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial information); and, The Health

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Insurance Portability and Accountability Act and the regulations thereunder, 45

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CFR Part 160 and Subparts A and E of Part 164 (medical information). Certain

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Covered Data may compel alternative or additional protections beyond those

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afforded “Confidential” treatment, in which event the parties shall meet and confer

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in good faith, and, if unsuccessful, shall move the Court for appropriate relief.

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2.15 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”

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2.16 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.

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4.

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DURATION
“Final Disposition” of the action is defined as the conclusion of any appellate

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proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

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Except as set forth below, the terms of this protective order apply through Final

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Disposition of the action. The parties may stipulate that they will be contractually

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bound by the terms of this agreement beyond Final Disposition, but will have to file

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a separate action for enforcement of the agreement once all proceedings in this case

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are complete.

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Once a case proceeds to trial, information that was designated as
CONFIDENTIAL or maintained pursuant to this protective order used or introduced
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as an exhibit at trial becomes public and will be presumptively available to all

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members of the public, including the press, unless compelling reasons supported by

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specific factual findings to proceed otherwise are made to the trial judge in advance

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of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

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showing for sealing documents produced in discovery from “compelling reasons”

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standard when merits-related documents are part of court record). Accordingly, for

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such materials, the terms of this protective order do not extend beyond the

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commencement of the trial.

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5.

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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, items

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or communications for which protection is not warranted are not swept unjustifiably

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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 impose

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

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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 or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL Legend”), to each page that

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contains protected material. If only a portion of the material on a page qualifies for

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protection, the Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in 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 which

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

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

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

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in the margins).

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If a Producing Party believes in good faith that this Order’s protections for

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“CONFIDENTIAL” designation are inadequate to protect especially sensitive

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material, the Producing Party should meet and confer with the Receiving Party and

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initiate the dispute resolution process under Local Rule 37.1 et seq.

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(b) for testimony given in depositions that the Designating Party either (1)
identifies the Disclosure or Discovery Material on the record before the close of the
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deposition all protected testimony or (2) designates information disclosed at the

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deposition as confidential by notifying the court reporter and other parties in

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writing, within fifteen (15) business days of receipt of the transcript, of the specific

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pages and lines of the transcript which are designated as confidential. The parties

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may agree to a reasonable extension of the 15-business-day period for designation.

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Designations of transcripts will apply to audio, video, or other recordings of the

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testimony. During such 15-business-day period, the entire transcript shall receive

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confidential treatment. Upon such designation, the court reporter and each party

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shall affix the CONFIDENTIAL Legend to the designated pages and segregate them

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as appropriate.

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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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CONFIDENTIAL Legend. If only a portion or portions of the information warrants

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

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portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to secure protection under this Order for such material.

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Upon timely correction of a designation, the Receiving Party must make reasonable

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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5.4

Changing a Designation. A Producing Party may change the

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confidentiality designation of materials it has produced, as follows: (1) The

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producing party must give the receiving parties notice of the change by identifying

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the documents or information at issue. Once notice is given, the receiving party

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must make good-faith efforts to ensure that the documents or information are

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accorded treatment under the new designation. (2) Within a reasonable period after
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giving notice, the producing party must reproduce the documents or information in a

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format that contains the new designation. (3) If such information has been

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disclosed to persons not qualified pursuant to sections 7.2 and 7.3 below, the party

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who disclosed such information shall (a) take reasonable efforts to retrieve

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previously disclosed Protected Material; (b) advise such persons that the material is

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Confidential; and (c) give the producing party written assurance that steps (a) and

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(b) have been completed.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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 Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this

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Action only for prosecuting, defending or attempting to settle this Action and may

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not use Protected Material in other lawsuits. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in this

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Order. When the Action has been terminated, a Receiving Party must comply with
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the provisions of section 13 below (Final Disposition).
The Parties agree to provide adequate security to protect data produced by the

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other party(ies) or by non-parties. This includes secure data storage systems,

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established security policies, and security training for employees, contractors and

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experts. Adequate security also includes such measures as data encryption in transit,

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data encryption at rest, data access controls, and physical security, whether

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hosted/outsourced to a vendor or on premises. At a minimum, any receiving party

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subject to the terms of this Confidentiality Order, will provide reasonable measures

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to protect non-client data consistent with the American Bar Association Standing

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Committee on Ethics and Professional Responsibility, Formal Opinion 477R.
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Disclosure of CONFIDENTIAL Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel) of

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the Receiving Party to whom disclosure is reasonably necessary for this Action;

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(c) Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff;

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(f) professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and who have

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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(g) the author or recipient of a document containing the information or a
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custodian or other person who otherwise possessed or knew the information;

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(h) any witnesses in the case (including consulting and testifying experts)
as may from time to time be necessary in prosecution or defense of this action; and

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(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
7.3

Restriction on Disclosure to Direct Competitors. Notwithstanding the

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foregoing, Protected Material shall not be disclosed to any current or former

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employees of, or current or former consultants, advisors, or agents of, a direct

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competitor of any party named in the litigation. If a Receiving Party is in doubt

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about whether a particular entity is a direct competitor of a party named in this

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lawsuit, then before disclosing any Protected Material to a current or former

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employee, consultant, advisor, or agent of that entity, the Receiving Party’s counsel

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must confer with counsel for the Producing Party.

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7.4

Persons Receiving Protected Information Must Sign Exhibit A.

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Counsel for each party shall advise all persons to whom Protected Material is

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disclosed pursuant to this Order of the existence of this Order and shall provide all

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such persons (other than the Court and its staff) with a copy of this Order. Counsel

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shall also require such persons to execute the Affidavit attached as Exhibit A, prior

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to the disclosure of Protected Material.

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7.5

Protected Material in Hearings and Trial. The provisions of this Order

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shall not affect, and this Order does not limit, the admissibility of Protected Material

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(or references to that material) as evidence at trial, or during a hearing or similar

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proceeding in this action. Prior to using Protected Material or the information

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contained therein at any hearing that is open to the public, the party seeking to use

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the Protected Material must give at least seven (7) days advance notice to the

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producing party of the intent to use the Protected Material so that the producing

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party may seek an appropriate Court Order to protect the Protected Material.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order, interrogatory, or

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document or civil investigative demand (collectively, a “Demand”) 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,” that Party must give prompt written notice by hand

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or electronic transmission within five (5) business days of receipt of such Demand

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to the party or non-party who produced or designated the material as Protected

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Material, and shall object to the production of such materials on the grounds of the

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existence of this Order.
At the request of the party or non-party who produced or designated the

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material as Protected Material, the Receiving Party shall refuse to comply with the

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Demand unless (a) ordered to do so by a court with jurisdiction over the Receiving

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Party; or (b) released in writing by the party or non-party who designated the

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material as Protected Material. Compliance by the Receiving Party with any order

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of a court of competent jurisdiction, directing production of any Protected Material,

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shall not constitute a violation of this Order. The Designating Party shall bear the

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burden and expense of seeking protection in that court of its confidential material

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and nothing in these provisions should be construed as authorizing or encouraging a

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Receiving Party in this Action to disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a

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Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b) If a third party produces (or intends to produce) documents and does

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not designate (or does not intend to designate) those documents as Protected

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Material, then any party to this action may seek to designate that third party’s

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documents or categories of documents as Protected Material. In that case, it will be

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the burden of the party seeking protected status to move for a court order

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designating the materials as Protected Material after the parties confer.

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(c) In the event additional parties join or intervene in this litigation, the

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newly joined party(ies) shall not have access to Protected Material until its/their

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counsel has executed and, at the request of any party, filed with the Court the

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agreement of such party(ies) and such counsel to be fully bound by this Order.

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(d) The parties agree that nothing in this Order shall be deemed to limit

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the extent to which counsel for the parties may advise or represent their respective

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clients, conduct discovery, prepare for trial, present proof at trial, including any

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document designated Protected Material as set forth herein, or oppose the

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production or admissibility of any information or documents which have been

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requested.

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10.

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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 person or in any circumstance not authorized under this

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

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writing the Designating Party of the unauthorized disclosures with reasonable details

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of the circumstances of the disclosure in order to permit the Designating Party to

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understand and take appropriate steps, (b) use its best efforts to retrieve all

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

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whom unauthorized 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. This provision does not limit the

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producing party’s entitlement to damages resulting from any breach of this Order.
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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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The production of privileged or work-product protected documents,

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electronically stored information (ESI), or information is not a waiver of the

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privilege or protection from discovery in this case or in any other federal or state

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proceeding. When a Producing Party gives notice to Receiving Parties that certain

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

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever

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

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

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(e), insofar as the parties reach an agreement on the effect of disclosure of a

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

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product protection, the parties may incorporate their agreement in the stipulated

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protective order submitted to the court.

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This Order shall be interpreted to provide the maximum protection allowed by

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Federal Rule of Evidence (FRE) 502(d) and shall be enforceable and granted full

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faith and credit in all other state and federal proceedings by 28 U.S. Code § 1738. In

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the event of any subsequent conflict of law, the law that is most protective of

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privilege and work product shall apply. Nothing contained herein is intended to or

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shall serve to limit a party’s right to conduct a review of documents, ESI or

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information (including metadata) for relevance, responsiveness and/or segregation

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of privileged and/or protected information before production.

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If the receiving party has reason to believe that a produced document or other

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information may reasonably be subject to a claim of privilege, then the receiving

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party shall immediately sequester the document or information, cease using the

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document or information and cease using any work product containing the

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information, and shall inform the producing party of the beginning BATES number
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of the document or, if no BATES number is available, shall otherwise inform the

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producing party of the information.

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A producing party must give written notice to any receiving party asserting a

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claim of privilege, work-product protection, or other ground for reclaiming

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documents or information (a “clawback request”). After a clawback request is

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received, the receiving party shall immediately sequester the document (if not

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already sequestered) and shall not review or use that document, or any work product

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containing information taken from that document, for any purpose. The parties shall

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meet and confer regarding any clawback request.

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12.

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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person to seek its modification by the Court in the future. If any person having

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access to the Protected Material herein shall violate this Order, they may be subject

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to sanctions by the Court and may be liable to pay for the damages caused by their

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violation.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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Protective Order, no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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12.3 Filing Protected Material. The Parties agree in good faith to attach

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Protected Material to a filing only when necessary and to redact any portion of the

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Protected Material that is not necessary for that filing. A Party that seeks to file

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under seal any Protected Material must comply with Local Civil Rule 79-5.

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Protected Material may only be filed under seal pursuant to a court order authorizing

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the sealing of the specific Protected Material at issue. If a Party’s request to file

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Protected Material under seal is denied by the court, then the Receiving Party may

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file the information in the public record unless otherwise instructed by the court.
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12.4 Persons with Knowledge of Protected Material. Persons having

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knowledge of Protected Material and information due to their participation in the

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conduct of this litigation shall use such knowledge and information only as

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permitted herein, and shall not disclose such Protected Material, their contents or

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any portion or summary thereof to any person(s) not involved in the conduct of this

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litigation.

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12.5 Withholding of Non-Relevant Attachments. The parties may withhold

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non-relevant attachments that are attached to relevant emails. When an attachment

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is withheld, either for privilege or non-responsiveness, the producing party shall

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produce a one-page TIFF image (or PDF if production format dictates) in place of

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the withheld attachment, correspondingly stating “Attachment Withheld-Privileged”

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or “Attachment Withheld-Nonresponsive”, and bearing a sequential BATES number

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within the family BATES range. If any attachment to an email contains responsive

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content, then the cover email shall be produced for context, regardless of the cover

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email’s responsiveness. The cover email may be redacted in part to remove

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sensitive information, as described below.

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12.6 Redactions. The parties may redact (1) information that is privileged or

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protected from discovery as work product or by reason of any other applicable

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privilege or immunity; (2) information subject to non-disclosure obligations

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imposed by governmental authorities, law or regulation (e.g., protected personal

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information); and (3) sensitive, non-relevant information, including but not limited

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to personally identifiable information, trade secrets, or information regarding

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products, data, or people. Privilege redactions will state, over the redacted portion,

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“Redacted–Privileged,” and all other redactions will state, “Redacted–

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Nonresponsive.” Redactions of emails will not redact the names of recipients or the

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subject line of the emails, unless the subject line is itself privileged or contains the

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sensitive information described above, in which case only so much of the subject

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line will be redacted as may be needed. The parties will produce redacted
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documents in TIFF format (or searchable PDF if production format dictates; or in

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native format for file types that do not convert well to TIFF/PDF, such as Excel

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files) with corresponding searchable OCR text and the associated metadata for the

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document, ensuring the redacted content is fully protected from disclosure.

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13.

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FINAL DISPOSITION
Within sixty (60) days of the Final Disposition of this Action, as defined in

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section 4, each party or non-party to whom any materials were produced shall,

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without further request or direction from the Producing Party, promptly destroy all

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documents, items or data received including, but not limited to, copies or summaries

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thereof, in the possession or control of any expert or employee. This requirement to

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destroy includes all materials that were produced, not only those designated as

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Protected Material. The Receiving Party shall submit a written certification to the

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Producing Party by the 60-day deadline that (1) confirms the destruction/deletion of

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all Protected Material, including any copies of Protected Materials provided to

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persons required to execute Exhibit A (Affidavit), and (2) affirms the Receiving

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Party has not retained any copies, abstracts, compilations, summaries or any other

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format reproducing or capturing any of the Protected Material. Notwithstanding this

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provision, outside counsel is entitled to retain an archival copy of all pleadings,

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motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product,

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and consultant and expert work product, even if such materials contain Protected

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Material. Any such archival copies that contain or constitute Protected Material

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remain subject to this Protective Order as set forth in Section 4 (DURATION).

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14.

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Any violation of this Order may be punished by appropriate measures including,

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without limitation, contempt proceedings and/or monetary sanctions.

VIOLATION

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17

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: October 7, 2020

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/s/ Matthew Insley-Pruitt
Attorneys for Plaintiff
DATED: October 7, 2020

/s/ Jennifer Jackson
Attorneys for Defendants Walmart and IVC

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

DATED: October 19, 2020

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_____________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE

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1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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_________________ [print or type full address], declare under penalty of perjury

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that I have read in its entirety and understand the Stipulated Protective Order that

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was issued by the United States District Court for the Central District of California

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on [date] in the case of Angela Diamos v. Walmart Inc., Case No. 2:19-cv-05526

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SVW (GJSx). I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order and I understand and acknowledge that failure to so

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

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

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

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compliance with the provisions of this Order.

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

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Central District of California for enforcing the terms of this Stipulated Protective

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Order, even if such enforcement proceedings occur after termination of this action.

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I hereby appoint __________________________ [print or type full name] of

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this Stipulated Protective

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Order.

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Date: ______________________________________

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City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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Signature: __________________________________

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