Leonardo Antolin v. Walmart Inc.

Filing 15

STIPULATED PROTECTIVE ORDER by Magistrate Judge Margo A. Rocconi re Stipulation for Protective Order 14 . See Order for details. (es)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10

LEONARDO ANTOLIN,
Plaintiff,

11
12

v.

13

WALMART INC., a business entity
form unknown; WAL-MART
STORES INC.; and DOES 1-100,
inclusive,

14
15

CASE NO.: 2:22-cv-06452 SVW (MARx)
STIPULATED PROTECTIVE
ORDER

Defendants..

16
17
18
19

1.

INTRODUCTION
1.1

PURPOSES AND LIMITATIONS

20

Discovery in this action is likely to involve production of confidential, proprietary,

21

or private information for which special protection from public disclosure and from

22

use for any purpose, other than prosecuting this litigation, may be warranted.

23

Accordingly, the parties hereby stipulate to and petition the Court to enter the

24

following Stipulated Protective Order. The parties acknowledge that this Order does

25

not confer blanket protections on all disclosures or responses to discovery and that

26

the protection it affords from public disclosure and use extends only to the limited

27

information or items that are entitled to confidential treatment under the applicable

28

legal principles. The parties further acknowledge, as set forth in Section 12.3,

2354-9542

1

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

below, that this Stipulated Protective Order does not entitle them to file confidential

2

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

3

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

4

the court to file material under seal.
1.2 GOOD CAUSE STATEMENT

5

WALMART has expressed a willingness to provide the proprietary information,

6
7

confidential business records and/or trade secrets (“confidential documents and

8

information”) in complying with Plaintiff’s discovery requests, provided that the

9

Court enter the requested protective order. There is good cause to protect said

10

information from public disclosure. It is the intent of the parties that information

11

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

12

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

13

and non-public manner.

14
15

2.1

16

Action: This pending federal lawsuit.
2.2

17
18

DEFINITIONS

2.

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

designation of information or items under this Order.
2.3

19

“CONFIDENTIAL” Information or Items: information (regardless of

20

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

21

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

22

the Good Cause Statement.
2.4

23
24

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

their support staff).
2.5

25

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

26

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

27

“CONFIDENTIAL.”

28

///

2354-9542

2

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

2.6

1

Disclosure or Discovery Material: all items or information, regardless

2

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

3

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

4

or generated in disclosures or responses to discovery in this matter.
2.7

5

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

6

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

7

an expert witness or as a consultant in this Action.
2.8

8
9
10

House Counsel does not include Outside Counsel of Record or any other outside
counsel.
2.9

11
12

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

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

13
14

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

15

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

16

which has appeared on behalf of that party, and includes support staff.
2.11 Party: any party to this Action, including all of its officers, directors,

17
18

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

19

support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or

20
21

Discovery Material in this Action.

22

2.13 Professional Vendors: persons or entities that provide litigation

23

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

24

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

25

and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is

26
27

designated as “CONFIDENTIAL.”

28

///

2354-9542

3

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

2.15 Receiving Party: a Party that receives Disclosure or Discovery

1
2

Material from a Producing Party.

3
4

3.

SCOPE

5

The protections conferred by this Stipulation and Order cover not only

6

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

7

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

8

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

9

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

10

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

11

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

12
13

4.

DURATION
Confidential documents, things and information may be used at trial or at

14
15

depositions, in accordance with the following safeguards. If confidential

16

documents, things and information are used in depositions, all portions of the

17

transcript of such depositions and exhibits thereto which refer to or relate to such

18

confidential documents, things or information shall themselves be considered as

19

confidential documents. The party introducing such confidential documents, thing

20

and information shall ensure that the court reporter binds the confidential portions

21

of the transcript and exhibits separately and labels them “confidential.” In addition,

22

each deponent is ordered that he may not divulge any confidential documents,

23

things or information except to qualified persons.

24

At the conclusion of this action, all confidential documents, things and

25

information, and all copies thereof, shall be returned to the counsel for WALMART

26

within thirty (30) days.

27

///

28

///

2354-9542

4

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1
2

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

3

WALMART shall mark as “confidential” or “produced pursuant to protective

4

order” or in some similar fashion any document for which it claims protection

5

under this order. The documents, things and information contained in them or

6

gleaned from them shall only be used, shown and disclosed as provided in this

7

order. The term “confidential documents and information” as used in this order

8

shall be construed to include the documents and materials so marked, and their

9

content, substance and the information contained in or gleaned from them. The term

10

shall also be construed to include any summaries, quotes, excerpts and/or

11

paraphrases of the documents, things or information. The designation shall be made

12

in good faith and shall not be made with respect to any document which is in the

13

public domain, such as patents, or any other document which has previously been

14

produced or disseminated without confidentiality protection.

15

5.2

Manner and Timing of Designations. Except as otherwise provided in

16

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

17

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

18

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

19

produced.

20
21

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic

22

documents, but excluding transcripts of depositions or other pretrial or trial

23

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

24

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

25

contains protected material. If only a portion or portions of the material on a page

26

qualifies for protection, the Producing Party also must clearly identify the protected

27

portion(s) (e.g., by making appropriate markings in the margins).

28
2354-9542

A Party or Non-Party that makes original documents available for inspection
5

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party

12
13

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

14

deposition all protected testimony.
(c) for information produced in some form other than documentary and

15
16

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

17

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

18

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

19

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

20

protected portion(s).
5.3

21

Inadvertent Failures to Designate. If timely corrected, an inadvertent

22

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

23

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

24

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

25

reasonable efforts to assure that the material is treated in accordance with the

26

provisions of this Order.

27

///

28

///

2354-9542

6

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

2

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

3

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

4

Scheduling Order.
6.2

5
6

Meet and Confer. The Challenging Party will initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

7

If a party contends that any documents, information or portions of

8

them which another party or third party has designated as confidential are not

9

entitled to protection, he may file a motion to change the designation. As per

10

Stadish v. Superior Court (1999) 71 Cal.App.4th 1130, the motion to change the

11

designation shall provide notice and an opportunity for the proponent of

12

confidentiality to respond. The burden is placed on the proponent of confidentiality

13

to demonstrate good cause. The documents and information shall remain

14

confidential until their status is changed by stipulation or order.

15
16
17

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles: This protective order is limited to the context of pre-

18

trial civil discovery. This protective order does not restrict dissemination of

19

information if gained from other public sources outside of pre-trial civil discovery.

20

When the Action has been terminated, a Receiving Party must comply with the

21

provisions of section 13 below (FINAL DISPOSITION).

22

Protected Material must be stored and maintained by a Receiving Party at a

23

location and in a secure manner that ensures that access is limited to the persons

24

authorized under this Order.

25

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

26

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

27

Receiving Party may disclose any information or item designated

28

“CONFIDENTIAL” only to:

2354-9542

7

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

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

1
2

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

3

necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House Counsel) of

4
5

the Receiving Party to whom disclosure is reasonably necessary for this Action;
(c) Experts (as defined in this Order) of the Receiving Party to whom

6
7

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

8

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the Court and its personnel;

9
10

(e) court reporters and their staff;

11

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

12

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

13

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or

14
15

a custodian or other person who otherwise possessed or knew the information;
(h) during their depositions, witnesses, and attorneys for witnesses, in

16
17

the Action to whom disclosure is reasonably necessary provided: (1) the deposing

18

party requests that the witness sign the form attached as Exhibit A hereto; and (2)

19

they will not be permitted to keep any confidential information unless they sign the

20

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

21

agreed by the Designating Party or ordered by the court. Pages of transcribed

22

deposition testimony or exhibits to depositions that reveal Protected Material may

23

be separately bound by the court reporter and may not be disclosed to anyone

24

except as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

25
26

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

27

///

28

///

2354-9542

8

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

2

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

3
4

that compels disclosure of any information or items designated in this Action as

5

“CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification

6
7

will include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or

8
9

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

10

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

11

a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be

12
13

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

14
15

the subpoena or court order will not produce any information designated in this

16

action as “CONFIDENTIAL” before a determination by the court from which the

17

subpoena or order issued, unless the Party has obtained the Designating Party’s

18

permission. The Designating Party will bear the burden and expense of seeking

19

protection in that court of its confidential material and nothing in these provisions

20

should be construed as authorizing or encouraging a Receiving Party in this Action

21

to disobey a lawful directive from another court.

22
23

9.

24

PRODUCED IN THIS LITIGATION

25

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
(a) The terms of this Order are applicable to information produced by a

26

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

27

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

28

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

2354-9542

9

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to

2
3

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

4

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

5

confidential information, then the Party will:
(1) promptly notify in writing the Requesting Party and the Non-

6
7

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

8

agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the

9
10

Stipulated Protective Order in this Action, the relevant discovery request(s), and a

11

reasonably specific description of the information requested; and
(3) make the information requested available for inspection by

12
13

the Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court

14
15

within 14 days of receiving the notice and accompanying information, the

16

Receiving Party may produce the Non-Party’s confidential information responsive

17

to the discovery request. If the Non-Party timely seeks a protective order, the

18

Receiving Party shall not produce any information in its possession or control that

19

is subject to the confidentiality agreement with the Non-Party before a

20

determination by the court. Absent a court order to the contrary, the Non-Party shall

21

bear the burden and expense of seeking protection in this court of its Protected

22

Material.

23

10.

24

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

25

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

26

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

27

writing the Designating Party of the unauthorized disclosures, (b) use its best

28

efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the

2354-9542

10

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

person or persons to whom unauthorized disclosures were made of all the terms of

2

this Order, and (d) request such person or persons to execute the “Acknowledgment

3

and Agreement to Be Bound” that is attached hereto as Exhibit A.

4
5

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

6

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain

7
8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

protective order submitted to the court.

17
18
19
20
21

12.

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

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

22

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

23

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

24

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

25

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

26

Order.

27

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

28

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

2354-9542

11

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

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

2

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

3

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

4

in the public record unless otherwise instructed by the court.

5
6

13.

FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 30

7
8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

Order as set forth in Section 4 (DURATION).

25
26

14.

27

contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

28

authorities, or other appropriate action at the discretion of the Court.

2354-9542

Any willful violation of this Order may be punished by civil or criminal

12

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

DATED: November 23, 2022

/s/ Vincent Consolo_______
Attorneys for Plaintiff

4
5
6

DATED: November 23, 2022

/s/ Michael F. Colbert_____
Attorneys for Defendant

7
8
9

Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby certify that the content of

10

this document is acceptable to T. Vincent Consolo, Esq., counsel for LEONARDO

11

ANTOLIN, and that I have obtained Mr. Consolo’s authorization to affix his

12

electronic signature to this Stipulated Protective Order.

13
14

/s/ Michael F. Colbert

15

Michael F. Colbert, Esq.

16
17
18

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19
20
21

DATED:_______________
December 2, 2022

__________________________________
_____
__________________

22

HON. MARGO A.
HON
A ROCCONI
ROCC

23

United States Magistrate Judge

24
25
26
27
28
2354-9542

13

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

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

5

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

6

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

7

on _________ [date] in the case of ___________ [insert formal case name and the

8

numbers and initials assigned to it by the court]. I agree to comply with and to

9

be bound by all the terms of this Stipulated Protective Order and I understand and

10

acknowledge that failure to so comply could expose me to sanctions and

11

punishment

12

in the nature of contempt. I solemnly promise that I will not disclose in any manner

13

any information or item that is subject to this Stipulated Protective Order to any

14

person or entity except in strict compliance with the provisions of this Order.

15

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

16

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

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action. I hereby appoint __________________________ [print

19

or type full name] of _______________________________________ [print or type

20

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

21

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

22

Stipulated Protective Order.

23

Date: ______________________________________

24

City and State where signed: _________________________________

25
26

Printed name: _______________________________

27
28
2354-9542

Signature: __________________________________
14

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)

1
2
3
4
5
6
7

CERTIFICATE OF SERVICE
I hereby certify that the following document(s):
STIPULATED PROTECTIVE ORDER
was/were served on this date to counsel of record:
[ ]

BY MAIL: By placing a copy of the same in the United States Mail,
postage prepaid, and sent to their last known address(es) listed below.

[X]

BY E-MAIL DELIVERY: Based on an agreement of the parties to
accept service by e-mail or electronic transmission, I sent the above
document(s) to the person(s) at the e-mail address(es) listed below. I
did not receive, within a reasonable amount of time after the
transmission, any electronic message or other indication that the
transmission was unsuccessful.

[X]

BY ELECTRONIC TRANSMISSION: I electronically filed the
above document(s) with the Clerk of the Court using the CM/ECF
system. The CM/ECF system will send notification of this filing to the
person(s) listed below.

8
9
10
11
12
13
14
15
16
17
18
19

T. Vincent Consolo, Esq.
Law Offices of Gerald L. Marcus
24025 Park Sorrento, Suite 430
Calabasas, CA 91302
Tel: [phone]
Fax: [phone]
Email: [e-mail];
[e-mail]
Attorney for Plaintiff
LEONARDO ANTOLIN
Executed on November 23, 2022_, at Los Angeles, California.

20
21
22

Kaitlyn
yn Laurio
io
o

23
24
25
26
27
28
2354-9542

15

STIPULATED PROTECTIVE ORDER
CASE NO. 2:22-CV-06452 SVW (MARX)