Juan Garcia v. Wal-Mart Stores, Inc., et al

Filing 32

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. 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. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. 31 (SEE ORDER FOR FURTHER DETAILS) (gr)

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12/21/16

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 JUAN GARCIA, on behalf of himself

CASE NO.: 5:16-CV-01645 BRO (RAOx)

and all others similarly situated and the

13 general public,
14

STIPULATED PROTECTIVE ORDER1

Plaintiff,

15

v.

16 WAL-MART STORES, INC., a
17 Delaware corporation; and DOES 1 to

100, inclusive,

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Defendants.

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1

This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Rozella A. Oliver’s Procedures, other than
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Sections 7.3 and 7.4 below.
27

STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 1.

A.

PURPOSES AND LIMITATIONS

2

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

3 proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may
5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
6 enter the following Stipulated Protective Order. The parties acknowledge that this
7 Order does not confer blanket protections on all disclosures or responses to
8 discovery and that the protection it affords from public disclosure and use extends
9 only to the limited information or items that are entitled to confidential treatment
10 under the applicable legal principles.
11

B.

GOOD CAUSE STATEMENT

12

This action is likely to involve the exchange of non-publicly available

13 documents of a sensitive, confidential, and/or proprietary nature, including financial,
14 technical, and internal security information, and private information concerning
15 Wal-Mart Stores, Inc.’s (“Wal-Mart”) current and former employees.

Special

16 protection from public disclosure and from use for any purpose other than
17 prosecution of this action is warranted for these documents. Such confidential and
18 proprietary materials and information may consist of, among other things,
19 confidential business or financial information, personal information regarding Wal20 Mart’s current and former hourly, non-exempt employees at its California
21 distribution centers (including but not limited to, personnel records, compensation,
22 home addresses, home telephone numbers, and personal email addresses),
23 information regarding Wal-Mart’s human resources policies and procedures,
24 information regarding Wal-Mart’s internal asset security policies and procedures,
25 and information otherwise generally unavailable to the public, or which may be
26 privileged or otherwise protected from disclosure under state or federal statutes,
27 court rules, case decisions, or common law.
28

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

Accordingly, to expedite the flow of information, to facilitate the prompt

1

2 resolution of disputes over confidentiality of discovery materials, to adequately
3 protect information the parties are entitled to keep confidential, to ensure that the
4 parties are permitted reasonable necessary uses of such material in preparation for
5 and in the conduct of trial, to address their handling at the end of the litigation, and
6 serve the ends of justice, a protective order for such information is justified in this
7 matter.

It is the intent of the parties that information will not be designated as

8 confidential for tactical reasons and that nothing be so designated without a good
9 faith belief that it has been maintained in a confidential, non-public manner, and
10 there is good cause why it should not be part of the public record of this case.

C.

11

ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
SEAL

12

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

13

14 Stipulated Protective Order does not entitle them to file confidential information
15 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
16 and the standards that will be applied when a party seeks permission from the court
17 to file material under seal.

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

18

19 proceedings and records in civil cases. In connection with non-dispositive motions,
20 good cause must be shown to support a filing under seal. See Kamakana v. City &
21 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
22 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
23 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
24 require good cause showing), and a specific showing of good cause or compelling
25 reasons with proper evidentiary support and legal justification, must be made with
26 respect to Protected Material that a party seeks to file under seal. The parties’ mere
27 designation
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of Disclosure or Discovery Material as CONFIDENTIAL or
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 ATTORNEYS’ EYES ONLY does not—without the submission of competent
2 evidence by declaration, establishing that the material sought to be filed under seal
3 qualifies as confidential, privileged, or otherwise protectable—constitute good
4 cause.

Further, if a party requests sealing related to a dispositive motion or trial, then

5

6 compelling reasons, not only good cause, for the sealing must be shown, and the
7 relief sought shall be narrowly tailored to serve the specific interest to be protected.
8 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
9 each item or type of information, document, or thing sought to be filed or introduced
10 under seal in connection with a dispositive motion or trial, the party seeking
11 protection must articulate compelling reasons, supported by specific facts and legal
12 justification, for the requested sealing order. Again, competent evidence supporting
13 the application to file documents under seal must be provided by declaration.

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

14

15 its entirety will not be filed under seal if the confidential portions can be redacted.
16 If documents can be redacted, then a redacted version for public viewing, omitting
17 only the confidential, privileged, or otherwise protectable portions of the document,
18 shall be filed.

Any application that seeks to file documents under seal in their

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

2.

20

DEFINITIONS

21

2.1

Action: The above-entitled pending federal lawsuit.

22

2.2

“ATTORNEYS’ EYES ONLY” Information or Items: Information

23 (regardless of how it is generated, stored, or maintained) or tangible items that
24 contain corporate trade secrets, nonpublic research and development data, pricing
25 formulas, prospective inventory management programs, confidential business
26 information not generally known to the general public, and customer-related
27 information.
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

2.3

1

Challenging Party:

A party or Non-Party that challenges the

2 designation of information or items under this Order.

2.4

3

“CONFIDENTIAL” Information or Items: Information (regardless of

4 how it is generated, stored, or maintained) or tangible things that qualify for
5 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
6 the Good Cause Statement.

2.5

7

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

8 their support staff).

2.6

9
10 items

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

that it produces in disclosures or in responses to discovery as

11 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

2.7

12

Disclosure or Discovery Material: All items or information regardless

13 of the medium or manner in which it is generated, stored, or maintained (including,
14 among other things, testimony, transcripts, and tangible things), that are produced or
15 generated in disclosures or responses to discovery in this matter.

2.8

16

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

17 pertinent to the litigation who has been retained by a Party or its counsel to serve as
18 an expert witness or a consultant in this Action.

2.9

19

House Counsel: Attorneys who serve as general counsel for, or are

20 employees of, a party to this Action.

House Counsel does not include Outside

21 Counsel of Record or any other outside counsel.

2.10 Non-Party: Any natural person, partnership, corporation, association,

22

23 or other legal entity not named as a Party to this Action.

2.11 Outside Counsel of Record: Attorneys who are not employees of a

24

25 Party to this Action but are retained to represent or advise a Party to this Action and
26 have appeared in this Action on behalf of that Party or are affiliated with a law firm
27 that has appeared on behalf of that Party, and includes support staff.
28

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

2.12 Party: Any party to this Action, including all of its officers, directors,

1

2 employees, consultants, retained experts, and Outside Counsel of Record (and their
3 support staffs).

2.13 Producing Party: A Party or Non-Party that produces Disclosure or

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5 Discovery Material in this Action.

2.14 Professional Vendors:

6

Persons or entities that provide litigation

7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
8 demonstrations, and organizing, storing, or retrieving data in any form or medium)
9 and their employees and subcontractors.

2.15 Protected Material:

10

Any Disclosure or Discovery Material that is

11 designated as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

2.16 Receiving Party:

12

A Party that receives Disclosure or Discovery

13 Material from a Producing Party.
14 3.

SCOPE

15

The protections conferred by this Stipulation and Order cover not only

16 Protected Material (as defined above), but also (1) any information copied or
17 extracted from Protected Material; (2) all copies, excerpts, summaries, or
18 compilations of Protected Material; and (3) any testimony, conversations, or
19 presentations by Parties or their Counsel that might reveal Protected Material.

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

20

21 trial judge. This Order does not govern the use of Protected Material at trial.
22 4.

DURATION

23

Once a case proceeds to trial, information that was designated as

24 CONFIDENTIAL or ATTORNEYS’ EYES ONLY, or maintained pursuant to this
25 protective order used or introduced as an exhibit at trial becomes public and will be
26 presumptively available to all members of the public, including the press, unless
27 compelling reasons supported by specific factual findings to proceed otherwise are
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
2 (distinguishing “good cause” showing for sealing documents produced in discovery
3 from “compelling reasons” standard when merits-related documents are part of court
4 record). Accordingly, the terms of this protective order do not extend beyond the
5 commencement of the trial, as to information used or introduced as an exhibit at
6 trial.

With respect to all other information designated as CONFIDENTIAL or

7

8 ATTORNEYS’ EYES ONLY, or maintained pursuant to this protective order, even
9 after final disposition of this litigation, the confidentiality obligations imposed by
10 this Order shall remain in effect until a Designating Party agrees otherwise in
11 writing or a court order otherwise directs. Final disposition shall be deemed to be
12 the later of

(1) dismissal of all claims and defenses in this action, with or without

13 prejudice; and (2) final judgment herein after the completion and exhaustion of all
14 appeals, rehearings, remands, trials, or reviews of this action, including the time
15 limits for filing any motions or applications for extension of time pursuant to
16 applicable law.
17 5.

DESIGNATING PROTECTED MATERIAL

18

5.1

19

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

Exercise of Restraint and Care in Designating Material for Protection.

20 under this Order must take care to limit any such designation to specific material
21 that qualifies under the appropriate standards.

The Designating Party must

22 designate for protection only those parts of material, documents, items or oral or
23 written communications that qualify so that other portions of the material,
24 documents, items, or communications for which protection is not warranted are not
25 swept unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations

26

27 that are shown to be clearly unjustified or that have been made for an improper
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 purpose (e.g., to unnecessarily encumber the case development process or to impose
2 unnecessary expenses and burdens on other parties) may expose the Designating
3 Party to sanctions.

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

4

5 designated for protection do not qualify for protection, that Designating Party must
6 promptly notify all other Parties that it is withdrawing the inapplicable designation.
7

5.2

Manner and Timing of Designations.

8

Except as otherwise provided in this Order (see, e.g., second paragraph of

9 Section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
10 Material that qualifies for protection under this Order must be clearly so designated
11 before the material is disclosed or produced.
12

Designation in conformity with this Order requires:

13

(a)

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

14 documents, but excluding transcripts of depositions or other pretrial or trial
15 proceedings), that the Producing Party affix at a minimum, the legend
16 “CONFIDENTIAL”

or

“ATTORNEYS’

EYES

ONLY”

(hereinafter

17 “CONFIDENTIAL legend” or “ATTORNEYS’ EYES ONLY legend”), to each
18 page that contains protected material. If only a portion of the material on a page
19 qualifies for protection, the Producing Party also must clearly identify the protected
20 portion(s) (e.g., by making appropriate markings in the margins).

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

21

22 need not designate them for protection until after the inspecting Party has indicated
23 which documents it would like copied and produced. During the inspection and
24 before the designation, all of the material made available for inspection shall be
25 deemed either “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” After the
26 inspecting Party has identified the documents it wants copied and produced, the
27 Producing Party must determine which documents, or portions thereof, qualify for
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 protection under this Order. Then, before producing the specified documents, the
2 Producing Party must affix the “CONFIDENTIAL legend” or “ATTORNEYS’
3 EYES ONLY legend” to each page that contains Protected Material.

If only a

4 portion of the material on a page qualifies for protection, the Producing Party also
5 must clearly identify the protected portion(s) (e.g., by making appropriate markings
6 in the margins).

(b) For testimony given in depositions, that the Designating Party identifies

7

8 the Disclosure or Discovery Material on the record, before the close of the
9 deposition, or in writing within ten business days after receipt of the final deposition
10 transcript, all protected testimony.

(c) For information produced in some form other than documentary and for

11

12 any other tangible items, that the Producing Party affix in a prominent place on the
13 exterior of the container or containers in which the information is stored the legend
14 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”

If only a portion or

15 portions of the information warrants protection, the Producing Party, to the extent
16 practicable, shall identify the protected portion(s).
17

5.3

Inadvertent Failures to Designate.

18

If timely corrected, inadvertent failure to designate qualified information or

19 items does not, standing alone, waive the Designating Party’s right to secure
20 protection under this Order for such material.

Upon timely correction of a

21 designation, the Receiving Party must make reasonable efforts to assure that the
22 material is treated in accordance with the provisions of this Order.
23 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

24

6.1

25

Any Party or Non-Party may challenge a designation of confidentiality at any

Timing of Challenges.

26 time that is consistent with the Court’s Scheduling Order.
27
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1
2

6.2

Meet and Confer.

3

The Challenging Party shall initiate the dispute resolution process under

4 Local Rule 37.1, et seq.

6.3

5

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

6 the Designating Party.

Frivolous challenges, and those made for an improper

7 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
8 parties) may expose the Challenging Party to sanctions. Unless the Designating
9 Party has waived or withdrawn the confidentiality designation, all parties shall
10 continue to afford the material in question the level of protection to which it is
11 entitled under the Producing Party’s designation until the Court rules on the
12 challenge.
13 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

14

7.1

15

A Receiving Party may use Protected Material that is disclosed or produced

Basic Principles.

16 by another Party or by a Non-Party in connection with this Action only for
17 prosecuting, defending, or attempting to settle this Action. Such Protected Material
18 may be disclosed only to the categories of persons and under the conditions
19 described in this Order. When the Action has been terminated, a Receiving Party
20 must comply with the provisions of Section 13 below (FINAL DISPOSITION).

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

21

22 location and in a secure manner that ensures that access is limited to the persons
23 authorized under this Order.
24

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

25

Unless otherwise ordered by the court or permitted in writing by the

26 Designating Party, a Receiving Party may disclose any information or item
27 designated “CONFIDENTIAL” only to:
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

(a) The Named Parties to this action, including but not limited to, Outside

1

2 Counsel of Record, as well as employees of said Outside Counsel of Record, to
3 whom it is reasonably necessary to disclose the information for this Action;

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

4

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

(c)

6

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

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 a

14

15 custodian or other person who otherwise possessed or knew the information;

(h) During their depositions, witnesses, and attorneys for witnesses, in the

16

17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will
19 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 except
24 as permitted under this Stipulated Protective Order;

(i)

25

Any mediator or settlement officer, and their supporting personnel,

26 mutually agreed upon by any of the parties engaged in settlement discussions; and
27
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

(j)

1

Any 3rd party vendor agreed to by the Parties for mailing and/or

2 disbursing communications to Putative Class Members.
3

7.3

Disclosure of “ATTORNEYS’ EYES ONLY” Information or Items.

4

Unless otherwise ordered by the court or permitted in writing by the

5 Designating Party, a Receiving Party may disclose any information or item
6 designated “ATTORNEYS’ EYES ONLY” only to:

(a) The Receiving Party’s Outside Counsel of Record, as well as employees

7

8 of said Outside Counsel of Record, to whom it is reasonably necessary to disclose
9 the information for this Action; and

(b) The Receiving Party’s House Counsel, as well as employees of said

10

11 House Counsel, to whom it is reasonably necessary to disclose the information for
12 this Action.
13

7.4

Use of Potential Class Members’ Information.

14

Notwithstanding Section 7.2 above, the Receiving Party’s Counsel may

15 contact potential class members whose contact information are identified in any
16 Protected Material. However, in so doing, the Receiving Party’s Counsel, as well as
17 Designating Party’s counsel, are limited by the following: (1) Counsel must inform
18 each potential class member that he or she has a right not to talk to Counsel and that,
19 if he or she elects not to talk to Counsel, the Receiving Party’s Counsel will
20 terminate the contact and not contact that individual again; (; and (2) any
21 communications to potential class members must be fair and accurate, and must not
22 be misleading, intimidating, or coercive.

See, e.g., Guadalupe Salazar v.

23 McDonald’s Corp., Case No. 14-CV-2096-RS (MEJ), 2016 WL 736213, at *5 (N.D.
24 Cal. Feb. 25, 2016); Salgado v. Land O’Lakes, Inc., Case No. 13-CV-0798-LJO
25 (SMS), 2014 WL 7272784, at *12 (E.D. Cal. Dec. 18, 2014); Benedict v. Hewlett26 Packard Co., Case No. 13-CV-0119-LHK, 2013 WL 3215186, at *2-3 (N.D. Cal.
27 June 25, 2013).
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 8.

PROTECTED MATERIAL SUBPOENED OR ORDERED PRODUCED IN

2

OTHER LITIGATION

3

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

4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must:

(a) Promptly notify in writing the Designating Party. Such notification shall

6

7 include a copy of the subpoena or court order;

(b) Promptly notify in writing the party who caused the subpoena or order to

8

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

(c) Subpoena or order is subject to this Protective Order. Such notification

10

11 shall include a copy of this Stipulated Protective Order; and

(d) Not oppose any reasonable procedures sought to be pursued by the

12

13 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 shall not produce any information designated in this
16 action as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a
17 determination by the court from which the subpoena or order issued, unless the
18 Party has obtained the Designating Party’s permission. The Designating Party shall
19 bear the burden and expense of seeking protection in that court of its confidential
20 material and nothing in these provisions should be construed as authorizing or
21 encouraging a Receiving Party in this Action to disobey a lawful directive from
22 another court.
23 9.

A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

24

PRODUCED IN THIS LITIGATION

25

(a) The terms of this Order are applicable to information produced by a Non-

26 Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’
27 EYES ONLY.” Such information produced by Non-Parties in connection with this
28

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 litigation is protected by the remedies and relief provided by this Order. Nothing in
2 these provisions should be construed as prohibiting a Non-Party from seeking
3 additional protections.

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

4

5 produce a Non-Party’s confidential information in its possession, and the Party is
6 subject to an agreement with the Non-Party not to produce the Non-Party’s
7 confidential information, then the Party shall:

(1) Promptly notify in writing the Requesting Party and the Non-Party

8

9 that some or all of the information requested is subject to a confidentiality
10 agreement with a Non-Party;

(2) Promptly provide the Non-Party with a copy of the Stipulated

11

12 Protective Order in this Action, the relevant discovery request(s), and a reasonably
13 specific description of the information requested; and

(3) Make the information requested available for inspection by the

14

15 Non- Party, if requested.

(c) If the Non-Party fails to seek a protective order from this court within 14

16

17 days of receiving the notice and accompanying information, the Receiving Party
18 may produce the Non-Party’s confidential information responsive to the discovery
19 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
20 not produce any information in its possession or control that is subject to the
21 confidentiality agreement with the Non-Party before a determination by the court.
22 Absent a court order to the contrary, the Non-Party shall bear the burden and
23 expense of seeking protection in this court of its Protected Material.
24 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25

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

26 Protected Material to any person or in any circumstance not authorized under this
27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
28

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
2 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
3 persons to whom unauthorized disclosures were made of all the terms of this Order,
4 and (d) request such person or persons to execute the “Acknowledgment and
5 Agreement to Be Bound” that is attached hereto as Exhibit A.
6 11.

INADVERTANT PRODUCTION OF PRIVILEGED OR OTHERWISE

7

PROTECTED MATERIAL

8

When a Producing Party gives notice to Receiving Parties that certain

9 inadvertently produced material is subject to a claim of privilege or other protection,
10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
11 Procedure 26(b)(5)(B).

This provision is not intended to modify whatever

12 procedure may be established in an e-discovery order that provides for production
13 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
14 (e), insofar as the parties reach an agreement on the effect of disclosure of a
15 communication or information covered by the attorney-client privilege or work
16 product protection, the parties may incorporate their agreement in the stipulated
17 protective order submitted to the court.
18 12.

MISCELLANEOUS

19

12.1 Right to Further Relief.

20

Nothing in this Order abridges the right of any person to seek its modification

21 by the Court in the future.
22

12.2 Right to Assert Other Objections.

23

By stipulating to the entry of the Protective Order, no Party waives any right

24 it otherwise would have to object to disclosing or producing any information or item
25 on any ground not addressed in the Stipulated Protective Order. Similarly, no Party
26 waives any right to object on any ground to use in evidence of any of the material
27 covered by this Protective Order.
28

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1
2

12.3 Filing Protected Material.

3

Without written permission from the Designating Party or a court order

4 secured after appropriate notice to all interested persons, a Party may not file in the
5 public record in this action any Protected Material. A Party that seeks to file under
6 seal any Protected Material must comply with Local Civil Rule 79-5. Protected
7 Material may only be filed under seal pursuant to a court order authorizing the
8 sealing of the specific Protected Material at issue.

If a Party’s request to file

9 Protected Material under seal is denied by the court, then the Receiving Party may
10 file the information in the public record unless otherwise instructed by the court.
11 13.

FINAL DISPOSITION

12

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

13 days of a written request by the Designating Party, each Receiving Party must return
14 all Protected Material to the Producing Party or destroy such material. As used in
15 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
16 summaries, and any other format reproducing or capturing any of the Protected
17 Material. Whether the Protected Material is returned or destroyed, the Receiving
18 Party must submit a written certification to the Producing Party (and, if not the same
19 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
20 (by category, where appropriate) all the Protected Material that was returned or
21 destroyed and (2) affirms that the Receiving Party has not retained any copies,
22 abstracts, compilations, summaries, or any other format reproducing or capturing
23 any of the Protected Material. Notwithstanding this provision, Counsel are entitled
24 to retain an archival copy of all pleadings, motion papers, trial, deposition, and
25 hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,
26 expert reports, attorney work product, and consultant and expert work product, even
27 if such materials contain Protected Material. Any such archival copies that contain
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15
STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 or constitute Protected Material remain subject to this Protective Order as set forth
2 in Section 4 (DURATION).
3 14.

VIOLATION

4

Any violation of this Order may be punished by appropriate measures

5 including, without limitation, contempt proceedings and/or monetary sanctions.
6
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8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
9
10 DATED: December 21, 2016
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LTL ATTORNEYS LLP
/s/ Anthony D. Sbardellati
Steven C. Gonzalez
David W. Ammons
Anthony D. Sbardellati
Anthony William Gomez

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Attorneys for Defendant
Wal-Mart Stores, Inc.

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19 DATED: December 21, 2016
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LAW OFFICE OF JOSEPH ANTONELLI
LAW OFFICES OF KEVIN T. BARNES
LAW OFFICES OF RAPHAEL A. KATRI

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/s/Janelle Carney
Joseph Antonelli
Janelle Carney
Kevin T. Barnes
Gregg Lander
Raphael A. Katri

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23
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Attorneys for Plaintiff
Juan Garcia

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

The filer, Anthony D. Sbardellati, attests that
the other signatory listed, on whose behalf
this filing is submitted, concurs in the filing’s
content and has authorized the filing.

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6 FOR GOOD CAUSE SHOWN, IT SO ORDERED.
7
8 DATED: December 21, 2016

Hon. Rozella A. Oliver
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1

EXHIBIT A

2

ACKNOWLEDMENT AND AGREEMENT TO BE BOUND
I,

3

[print or type full name],

4 of
5
6 [print or type full address], declare under penalty of perjury that I have read in its
7 entirety and understand the Stipulated Protective Order that was issued by the
8 United
9 States District Court for the Central District of California on [date] in the case of
10 Juan Garcia v. Wal-Mart Stores, Inc., No. 5:16-CV-01645-BRO (RAOx). I agree to
11 comply with and to be bound by all the terms of this Stipulated Protective Order and
12 I understand and acknowledge that failure to so comply could expose me to
13 sanctions and punishment in the nature of contempt. I solemnly promise that I will
14 not disclose in any manner any information or item that is subject to this Stipulated
15 Protective Order to any person or entity except in strict compliance with the
16 provisions of this Order.

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

17

18 for the Central District of California for enforcing the terms of this Stipulated
19 Protective Order, even if such enforcement proceedings occur after termination of
20 this action.

I hereby appoint

21

[print or type full name]

22 of
23 [print or type full address and telephone number] as my California agent for service
24 of process in connection with this action or any proceedings related to enforcement
25 of this Stipulated Protective Order.
26 Date:
27 City and State where sworn and signed:
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx

1 Printed Name:
2 Signature:
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STIPULATED PROTECTIVE ORDER
CASE NO. 5:16-CV-01645-BRO-RAOx