John Casas v. Walmart Inc. et al

Filing 23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym re 22 (SEE ORDER FOR DETAILS). (kca)

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1 2 3 4 5 O’HAGAN MEYER THEODORE C. PETERS (SBN 235115) BESSIE A. MAFUD (SBN 321860) 2615 Pacific Coast Highway, Suite 300 Hermosa Beach, CA 90254 Tel: 310.807.1100 | Fax: 310.807.1115 Email: Email: 6 7 Attorney for Defendant WALMART INC. 8 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 13 Case No.: 5:23-cv-02076-SSS-SP JOHN CASAS, Plaintiff, 14 15 STIPULATED PROTECTIVE ORDER vs. 16 17 18 19 WALMART INC., a Delaware corporation; and DOES 1 through 50, inclusive, Complaint Filed: July 19, 2023 Trial Date: April 14, 2025 Defendants. 20 21 22 23 24 25 26 1. INTRODUCTION 1.1 PURPOSES AND LIMITATIONS Discovery in this action may involve production of confidential, proprietary, 27 or private information for which special protection from public disclosure and from 28 use for any purpose other than prosecuting this litigation may be warranted. 1 STIPULATED PROTECTIVE ORDER 1 Accordingly, the Parties hereby stipulate to and petition the Court to enter the 2 following Stipulated Protective Order. The Parties acknowledge that this Order does 3 4 not confer blanket protections on all disclosures or responses to discovery and that 5 the protection it affords from public disclosure and use extends only to the limited 6 information or items that are entitled to confidential treatment under the applicable 7 8 9 10 11 12 13 14 15 16 legal principles. The Parties further acknowledge, as set forth in Section 12.3 below, that this Order does not entitle them to file Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a Party seeks permission from the Court to file material under seal. 1.2 GOOD CAUSE STATEMENT Good cause exists for the entry of this Order. This action is likely to involve 17 internal policies and procedures, customer and employees’ personal information and 18 personnel file, medical records, health information, and other valuable research, 19 20 development, commercial, financial, technical and/or proprietary information 21 for which special protection from public disclosure and from use for any purpose 22 other than prosecution of this action is warranted. Such confidential and proprietary 23 24 materials and information consist of, among other things, confidential employees’ 25 information and personnel files, health and medical records, internal work policies 26 and procedures, confidential business practices, or other confidential research, 27 28 development, or commercial information (including information implicating privacy 2 STIPULATED PROTECTIVE ORDER 1 rights of third parties), information otherwise generally unavailable to the public, or 2 which may be privileged or otherwise protected from disclosure under state or 3 4 federal statutes, court rules, case decisions, or common law. Accordingly, to 5 expedite the flow of information, to facilitate the prompt resolution of disputes over 6 confidentiality of discovery materials, to adequately protect information the parties 7 8 are entitled to keep confidential, to ensure that the parties are permitted reasonable 9 necessary uses of such material in preparation for and in the conduct of trial, to 10 address their handling at the end of the litigation, and serve the ends of justice, a 11 12 protective order for such information is justified in this matter. It is the intent of the 13 parties that information will not be designated as confidential for tactical reasons and 14 that nothing be so designated without a good faith belief that it has been maintained 15 16 in a confidential, non-public manner, and there is good cause why it should not be 17 part of the public record of this case. 18 2. 19 20 21 22 23 24 25 26 DEFINITIONS 2.1 Action: John Casas v. Walmart Inc., et al., Case No.: 5:23-cv-02076- SSS-SP. 2.2 Challenging Party: a Party or Nonparty that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored, or maintained) or tangible things that qualify for 27 28 3 STIPULATED PROTECTIVE ORDER 1 protection under Federal Rule of Civil Procedure 26(c) and as specified above in the 2 Good Cause Statement. 3 4 5 6 7 8 9 10 11 12 2.4 Counsel: Outside Counsel of Record (as well as their support staff), and attorneys at Wilshire Law Firm, PLC. 2.5 Designating Party: a Party or Nonparty that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced or 14 generated in disclosures or responses to discovery in this matter. 15 16 2.7 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 as a consultant in this action. 19 20 2.8 House Counsel: attorneys who are employees of a Party to this Action. 21 House Counsel does not include Outside Counsel of Record or any other outside 22 counsel. 23 24 25 26 27 28 2.9 Nonparty: 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 Party to this Action but are retained to represent or advise a Party and have appeared 4 STIPULATED PROTECTIVE ORDER 1 in this Action on behalf of that Party or are affiliated with a law firm that has 2 appeared on behalf of that Party, including support staff. 3 2.11 Party: any Party to this Action, including all of its officers, directors, 4 5 employees, consultants, retained experts, and Outside Counsel of Record (and their 6 support staffs). 7 2.12 Producing Party: a Party or Nonparty that produces Disclosure or 8 9 Discovery Material in this Action. 10 11 12 2.13 Professional Vendors: persons or entities that provide litigation support services (for example, photocopying, videotaping, translating, preparing exhibits or 13 demonstrations, and organizing, storing, or retrieving data in any form or medium) 14 and their employees and subcontractors. 15 2.14 Protected Material: any Disclosure or Discovery Material that is 16 17 designated as “CONFIDENTIAL.” 18 19 20 21 22 23 24 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above) but also any information copied or extracted 25 from Protected Material; all copies, excerpts, summaries, or compilations of 26 Protected Material; and any testimony, conversations, or presentations by Parties or 27 28 their Counsel that might reveal Protected Material. 5 STIPULATED PROTECTIVE ORDER Any use of Protected Material at trial will be governed by the orders of the 1 2 3 4 trial judge. This Order does not govern the use of Protected Material at trial. 4. Even after final disposition of this litigation, the confidentiality obligations 5 6 7 8 DURATION imposed by this Order will remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition is the later 9 of (1) dismissal of all claims and defenses in this Action, with or without prejudice, 10 or (2) final judgment after the completion and exhaustion of all appeals, rehearings, 11 12 remands, trials, or reviews of this Action, including the time limits for filing any 13 motions or applications for extension of time under applicable law. 14 5. 15 16 DESIGNATING PROTECTED MATERIAL 5.1 Each Party or Nonparty that designates information or items for 17 protection under this Order must take care to limit any such designation to specific 18 material that qualifies under the appropriate standards. The Designating Party must 19 20 designate for protection only those parts of material, documents, items, or oral or 21 written communications that qualify so that other portions of the material, 22 documents, items, or communications for which protection is not warranted are not 23 24 25 26 27 28 swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (for example, to unnecessarily encumber the case-development process or to 6 STIPULATED PROTECTIVE ORDER 1 impose unnecessary expenses and burdens on other parties) may expose the 2 Designating Party to sanctions. 3 4 If it comes to a Designating Party’s attention that information or items it 5 designated for protection do not qualify for that level of protection, that Designating 6 Party must promptly notify all other Parties that it is withdrawing the inapplicable 7 8 9 10 11 12 designation. 5.2 Except as otherwise provided in this Order, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. 13 Designation in conformity with this Order requires the following: 14 (a) for information in documentary form (for example, paper or electronic 15 16 documents but excluding transcripts of depositions or other pretrial or trial 17 proceedings), the Producing Party must affix at a minimum the legend 18 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion 19 20 or portions of the material on a page qualify for protection, the Producing Party must 21 clearly identify the protected portion(s) (for example, by making appropriate 22 markings in the margins). 23 24 A Party or Nonparty that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 28 before the designation, all material made available for inspection must be treated as 7 STIPULATED PROTECTIVE ORDER 1 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 2 wants copied and produced, the Producing Party must determine which documents, 3 4 or portions thereof, qualify for protection under this Order. Then, before producing 5 the specified documents, the Producing Party must affix the “CONFIDENTIAL” 6 legend to each page that contains Protected Material. If only a portion or portions of 7 8 9 10 11 12 the material on a page qualify for protection, the Producing Party also must clearly identify the protected portion(s) (for example, by making appropriate markings in the margins). (b) for testimony given in depositions, the Designating Party must identify 13 the Disclosure or Discovery Material that is protected on the record, before the close 14 of the deposition. 15 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, the Producing Party must affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 20 “CONFIDENTIAL.” If only a portion or portions of the information warrant 21 protection, the Producing Party, to the extent practicable, must identify the protected 22 portion(s). 23 24 5.3 If timely corrected, an inadvertent failure to designate qualified 25 information or items does not, standing alone, waive the Designating Party’s right to 26 secure protection under this Order for that material. On timely correction of a 27 28 8 STIPULATED PROTECTIVE ORDER 1 designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. 3 4 6. 6.1 5 6 6.2 8 12 The Challenging Party must initiate the dispute-resolution process (and, if necessary, file a discovery motion) under Local Rule 37. 10 11 Any Party or Nonparty may challenge a designation of confidentiality at any time consistent with the Court’s scheduling order. 7 9 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.3 The burden of persuasion in any such proceeding is on the Designating Party. Frivolous challenges, and those made for an improper purpose (for example, 13 to harass or impose unnecessary expenses and burdens on other parties), may expose 14 the Challenging Party to sanctions. Unless the Designating Party has waived or 15 16 withdrawn the confidentiality designation, all parties must continue to afford the 17 material in question the level of protection to which it is entitled under the Producing 18 Party’s designation until the Court rules on the challenge. 19 20 21 22 23 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Nonparty in connection with this Action only for prosecuting, defending, or attempting to settle this Action. Such Protected Material 25 may be disclosed only to the categories of people and under the conditions described 26 in this Order. When the Action has been terminated, a Receiving Party must comply 27 28 with the provisions of Section 13 below (FINAL DISPOSITION). 9 STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Protected Material must be stored and maintained by a Receiving Party at a location and in a manner sufficiently secure to ensure that access is limited to the people authorized under this Order. 7.2 Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to the following people: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of that Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of 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 17 disclosure is reasonably necessary for this Action and who have signed the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 20 (d) the Court and its personnel; 21 (e) court reporters and their staff; 22 (f) professional jury or trial consultants, mock jurors, and Professional 23 24 25 26 27 28 Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 10 STIPULATED PROTECTIVE ORDER (h) during their depositions, witnesses and attorneys for witnesses to 1 2 3 4 whom disclosure is reasonably necessary, provided that the deposing party requests that the witness sign the form attached as Exhibit A hereto and the witnesses will not 5 be permitted to keep any confidential information unless they sign the form, unless 6 otherwise agreed by the Designating Party or ordered by the Court. Pages of 7 8 9 10 transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Order; and 11 (i) any mediator or settlement officer, and their supporting personnel, 12 13 mutually agreed on by any of the Parties engaged in settlement discussions or 14 appointed by the Court. 15 16 17 18 19 20 21 22 23 24 25 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must (a) promptly notify in writing the Designating Party. Such notification must include a copy of the subpoena or court order unless prohibited by law; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the 27 28 11 STIPULATED PROTECTIVE ORDER 1 subpoena or order is subject to this Protective Order. Such notification must include 2 a copy of this Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be 4 5 pursued by the Designating Party whose Protected Material may be affected. 6 7 8 9 10 11 12 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order should not produce any information designated in this action as “CONFIDENTIAL” before a determination on the protective-order request by the relevant court unless the Party has obtained the Designating Party’s permission. The Designating Party bears the burden and expense of seeking 13 protection of its Confidential Material, and nothing in these provisions should be 14 construed as authorizing or encouraging a Receiving Party in this Action to disobey 15 16 a lawful directive from another court. 17 9. 18 PRODUCED IN THIS LITIGATION 19 20 A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE (a) The terms of this Order are applicable to information produced by a 21 Nonparty in this Action and designated as “CONFIDENTIAL.” Such information is 22 protected by the remedies and relief provided by this Order. Nothing in these 23 24 25 26 27 28 provisions should be construed as prohibiting a Nonparty from seeking additional protections. (b) In the event that a Party is required by a valid discovery request to produce a Nonparty’s Confidential Information in its possession and the Party is 12 STIPULATED PROTECTIVE ORDER 1 subject to an agreement with the Nonparty not to produce the Nonparty’s 2 Confidential Information, then the Party must 3 (1) promptly notify in writing the Requesting Party and the Nonparty 4 5 that some or all of the information requested is subject to a confidentiality agreement 6 with a Nonparty; 7 (2) promptly provide the Nonparty with a copy of this Order, the 8 9 10 relevant discovery request(s), and a reasonably specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 13 Nonparty, if requested. 14 15 16 (c) If the Nonparty fails to seek a protective order within 21 days of receiving the notice and accompanying information, the Receiving Party may 17 produce the Nonparty’s Confidential Information responsive to the discovery 18 request. If the Nonparty timely seeks a protective order, the Receiving Party must 19 20 not produce any information in its possession or control that is subject to the 21 confidentiality agreement with the Nonparty before a ruling on the protective-order 22 request. Absent a court order to the contrary, the Nonparty must bear the burden and 23 24 25 26 27 28 expense of seeking protection of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this 13 STIPULATED PROTECTIVE ORDER 1 Order, the Receiving Party must immediately notify the Designating Party in writing 2 of the unauthorized disclosures, use its best efforts to retrieve all unauthorized 3 4 copies of the Protected Material, inform the person or people to whom unauthorized 5 disclosures were made of the terms of this Order, and ask that person or people to 6 execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 7 8 9 10 as Exhibit A. 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain 12 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 16 17 18 19 20 21 22 23 24 Procedure 26(b)(5)(B). 12. MISCELLANEOUS 12.1 Nothing in this Order abridges the right of any person to seek its modification by the Court. 12.2 By stipulating to the entry of this Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Order. Similarly, no Party waives any right to 25 object on any ground to use in evidence of any of the material covered by this Order. 26 12.3 A Party that seeks to file under seal any Protected Material must 27 28 comply with Civil Local Rule 79-5. Protected Material may be filed under seal only 14 STIPULATED PROTECTIVE ORDER 1 pursuant to a court order authorizing the sealing of the specific Protected Material at 2 issue. If a Party's request to file Protected Material under seal is denied, then the 3 4 Receiving Party may file the information in the public record unless otherwise 5 instructed by the Court. 6 13. 7 8 9 10 11 12 FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 13 summaries, and any other format reproducing or capturing any of the Protected 14 Material. Whether the Protected Material is returned or destroyed, the Receiving 15 16 Party must submit a written certification to the Producing Party (and, if not the same 17 person or entity, to the Designating Party) by the 60-day deadline that identifies (by 18 category, when appropriate) all the Protected Material that was returned or destroyed 19 20 and affirms that the Receiving Party has not retained any copies, abstracts, 21 compilations, summaries, or any other format reproducing or capturing any of the 22 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 23 24 archival copy of all pleadings; motion papers; trial, deposition, and hearing 25 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 26 reports; attorney work product; and consultant and expert work product even if such 27 28 materials contain Protected Material. Any such archival copies that contain or 15 STIPULATED PROTECTIVE ORDER 1 constitute Protected Material remain subject to this Order as set forth in Section 4 2 (DURATION). 3 4 14. SANCTIONS 5 Any willful violation of this Order may be punished by civil or criminal 6 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 7 8 9 other appropriate action at the discretion of the Court. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 DATED: _07/01/24 WILSHIRE LAW FIRM, PLC 12 13 14 By: __________/s/_________________ JONATHAN E. MEISLIN Attorneys for Plaintiff JOHN CASAS 15 16 17 18 19 20 21 22 DATED: July 2, 2024 Respectfully submitted, O’HAGAN MEYER 23 24 25 26 27 28 By: ________/s/___________________ THEODORE C. PETERS BESSIE A. MAFUD Attorneys for Defendant WALMART INC. 16 STIPULATED PROTECTIVE ORDER 1 IT IS SO ORDERED 2 3 4 5 6 Dated: July 5, 2024 _______________________________ Hon. Sheri Pym United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 17 STIPULATED PROTECTIVE ORDER ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 1 2 I, 3 4 5 6 [print or type full name], of [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was 7 issue by the United States District Court for the Central District of California 8 on_______ in the case of John Casas v. Walmart Inc., et al., Case No.: 5:23-cv- 9 10 02076-SSS-SP. I agree to comply with and to be bound by all the terms of this 11 Stipulated Protective Order and I understand and acknowledge that failure to so 12 comply could expose me to sanctions and punishment in the nature of contempt. I 13 14 solemnly promise that I will not disclose in any manner any information or item 15 that is subject to this Stipulated Protective Order to any person or entity except in 16 strict compliance with the provisions of this Order. 17 18 I further agree to submit to the jurisdiction of the United States District 19 Court for the Central District of California for the purpose of enforcing the terms 20 of this Stipulated Protective Order, even if such enforcement proceedings occur 21 22 after termination of this action. I hereby appoint [print 23 or type full name] of 24 telephone number] as my California agent for service of process in connection with 25 26 27 [print or type full address and this action or any proceedings related to enforcement of this Stipulated Protective Order. 28 18 STIPULATED PROTECTIVE ORDER 1 Date: 2 City and State where sworn and signed: 3 4 5 Printed Name: Signature: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 STIPULATED PROTECTIVE ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 STIPULATED PROTECTIVE ORDER

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