Isabel Rodriguez v. Wal-Mart Associates, Inc. et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge David T. Bristow. Granted Stipulation for Protective Order 24 (rma)

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Mohammad B. Shihabi (SBN 337819)
[e-mail]
Lawrence J. Geist (SBN 341079)
[e-mail]
FORD & HARRISON LLP
350 South Grand Avenue, Suite 2300
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WAL-MART ASSOCIATES, INC.
Alan Romero (SBN 249000)
[e-mail]
Sara Simms(SBN 268011)
[e-mail]
ROMERO LAW, APC
251 South Lake Avenue, Suite 930
Pasadena, CA 91101-4873
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ISABEL RODRIGUEZ

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ISABEL RODRIGUEZ,
Plaintiff,
v.
WAL-MART ASSOCIATES, INC.,
a Delaware Corporation,
Defendant.

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CASE NO. 5:24-cv-01998-SSS-DTB

[Assigned to the Hon. Sunshine S. Sykes,
Courtroom 2]

1. A.

STIPULATION PROTECTIVE
ORDER
Complaint Filed: June 26, 2024
Trial Date:
TBD

PURPOSES AND LIMITATIONS

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

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

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

F ORD & H ARRISON
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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

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

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

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

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

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

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

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

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

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the court to file material under seal.

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This action is likely to involve trade secrets, customer and pricing lists and other

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valuable research, development, commercial, financial, technical and/or proprietary

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information 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 otherwise

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

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or common law.

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Such confidential information is likely to be the subject of discovery requests in this

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case. Among other things, the Parties anticipate that this action may involve sensitive

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and private medical records of Plaintiff; confidential email correspondence and other

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communications involving the operation of Walmart’s stores; and confidential and

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proprietary documents relating to Walmart’s confidential business or financial

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information, such as confidential information relating to associate compensation and

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ATTO RNEY S AT LAW
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B. GOOD CAUSE STATEMENT

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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benefits.

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

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of disputes over confidentiality of discovery materials, to adequately protect

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information the parties are entitled to keep confidential, to ensure that the parties are

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permitted reasonable necessary uses of such material in preparation for and in the

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conduct of trial, to address their handling at the end of the litigation, and serve the

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ends of justice, a protective order for such information is justified in this matter. It is

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the intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that it

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has been maintained in a confidential, non-public manner, and there is good cause

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

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2.

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2.1

Action: this pending federal lawsuit entitled Isabel Rodriguez v.

Wal-Mart Associates, Inc., 5:24-cv-01878-JWH-AGR.
2.2

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

designation of information or items under this Order.

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2.3 “CONFIDENTIAL” Information or Items: information (regardless of how

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

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

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Cause Statement. “Confidential” Information or Items shall include materials relating

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to any privileged, confidential, or nonpublic information, including, but not limited

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to, trade secrets, research, design, development, financial, technical, marketing,

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planning, personal, or commercial information, as such terms are used in the Federal

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Rules of Civil Procedure (Fed. R. Civ.) and any applicable case law interpreting Fed.

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R. Civ. 26(c)(1)(G); contracts; non-public compilations of retail prices; proprietary

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information; vendor agreements; personnel files; claim/litigation information; and

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nonpublic policies and procedures shall be deemed Confidential.

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DEFINITIONS

2.4

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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Information or Items: Materials containing nonpublic research and development data,

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including, but not limited to, cost data, pricing formulas, inventory management

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programs, and other sales or business information not known to the public;

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information obtained from a non-party pursuant to a non-disclosure agreement; and

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customer-related Protected Data shall be deemed Highly Confidential – Attorneys’

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Eyes Only.

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Protected Data: “Protected Data” shall refer to any information that a

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party believes in good faith to be subject to federal, state or foreign data protection

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laws or other privacy obligations. Examples of such data protection laws include but

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are not limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial

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information); and, The Health Insurance Portability and Accountability Act and the

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regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164 (medical

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information). Certain Protected Data may compel alternative or additional

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protections beyond those afforded Highly Confidential – Attorneys’ Eyes Only

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material, in which event the parties shall meet and confer in good faith, and, if

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unsuccessful, shall move the Court for appropriate relief.

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2.6

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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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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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2.5

2.9

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

pertinent to the litigation who has been retained by a Party or its counsel to serve as
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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an expert witness or as a consultant in this Action.

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

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

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counsel.
2.11 Non-Party: any natural person, partnership, corporation, association, or

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other legal entity not named as a Party to this action.

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

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

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

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

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

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

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

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Discovery Material in this Action.

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2.15 Professional Vendors: persons or entities that provide litigation

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

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

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

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designated as “CONFIDENTIAL.”
2.17 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

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The protections conferred by this Stipulation and Order cover not only Protected

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

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

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

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SCOPE

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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Counsel that might reveal Protected Material. Any use of Protected Material at trial

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shall be governed by the orders of the trial judge. This Order does not govern the use

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of Protected Material at trial.

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4.

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

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confidential or maintained pursuant to this protective order becomes public and will

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be presumptively available to all members of the public, including the press, unless

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compelling reasons supported by specific factual findings to proceed otherwise are

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made to the trial judge in advance of the trial. See Kamakana v. City and County of

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Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (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, the

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terms of this protective order do not extend beyond the 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, ms,

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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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DURATIONS

If it comes to a Designating Party’s attention that information or items that it
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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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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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” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES

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

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protected material. If only a portion or portions 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” or “HIGHLY CONFIDENTIAL- ATTORNEYS’

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EYES ONLY.” After the inspecting Party has identified the documents it wants

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copied and produced, the Producing Party must determine which documents, or

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portions thereof, qualify for protection under this Order. Then, before producing the

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specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

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to each page that contains Protected Material. If only a portion or portions of the

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

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

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5.2

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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margins).

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(b) for testimony given in depositions that the Designating Party identify

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

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all protected testimony.

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

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

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

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legend “CONFIDENTIAL” or ““HIGHLY CONFIDENTIAL- ATTORNEYS’

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EYES ONLY.” If only a portion or portions of the information warrants protection,

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the Producing Party, to the extent practicable, shall identify the protected portion(s).
5.3

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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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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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designation of confidentiality or Attorney’s Eyes Only at any time that is consistent

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with the Court’s 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.
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 purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has waived

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or withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Inadvertent Failures to Designate. If timely corrected, an inadvertent

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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Party’s designation until the Court rules on the challenge.

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7.

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ACCESS TO AND USE TO 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. Such

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Protected Material may be disclosed only to the categories of persons and under the

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conditions described in this Order. When the Action has been terminated, a Receiving

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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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7.2 Disclosure of “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by

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the court or permitted in writing by the Designating Party, a Receiving Party may

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disclose any information or item designated “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL- ATTORNEYS’ EYES ONLY” only to:

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

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

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to disclose the information for this Action;

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(b) the officers, directors, and employees (including House Counsel) of
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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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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

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

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

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

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

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

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

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deposition testimony or exhibits to depositions that reveal Protected Material may be

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

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permitted under this Stipulated Protective Order; 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

Non-Relevant Attachments. The Parties will not produce non-relevant

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attachments that are attached to relevant emails. When an attachment is withheld,

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either for privilege or non-responsiveness, the Producing Party shall produce a one-

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page TIFF image (or PDF if production format dictates) in place of the withheld

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attachment,

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“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 sensitive

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information, as described below.

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(g) the author or recipient of a document containing the information or a

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correspondingly

stating

“Attachment

Withheld-Privileged”

or

Redactions. The Parties may redact (1) information that is privileged

or protected from discovery as work product or by reason of any other applicable
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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

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by governmental authorities, law or regulation (e.g., protected personal information);

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

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identifiable information, trade secrets, or information regarding products, data, or

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people.

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

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Redactions of emails will not redact the names of recipients or the subject line of the

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emails, unless the subject line is itself privileged or contains the sensitive information

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described above, in which case only so much of the subject line will be redacted as

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may be needed. The parties will produce redacted documents in TIFF format (or

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searchable PDF if production format dictates; or in native format for file types that

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do not convert well to TIFF/PDF, such as Excel files) with corresponding searchable

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OCR text and the associated metadata for the document, ensuring the redacted

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content is fully protected from disclosure.

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8.

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IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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

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

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“CONFIDENTIAL” or ““HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES

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ONLY,” that Party must:

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(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;

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

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

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or order is subject to this Protective Order. Such notification shall include a copy of

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this Stipulated Protective Order; and

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Privilege redactions will state, over the redacted portion, “Redacted–

(c) cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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If the Designating Party timely seeks a protective order, the Party served with

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

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action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’

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EYES ONLY before a determination by the court from which the subpoena or order

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issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material and nothing in these provisions should be construed

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as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

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directive from another court.

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9.

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PRODUCED IN THIS LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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

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

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CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” Such information produced by

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

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

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prohibiting a Non-Party from seeking additional protections.

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

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Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall:

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

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

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with a Non-Party;

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

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

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specific description of the information requested; and

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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

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

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

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

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

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

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

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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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, (b) use its best efforts

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

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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

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

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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When a Producing Party gives notice to Receiving Parties asserting a claim of

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privilege, work-product protection, or other ground for reclaiming documents or

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information (a “clawback request”), the obligations of the Receiving Parties are those

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set forth in Federal Rule of Civil Procedure 26(b)(5)(B) and this Order. After a

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clawback request is received, the Receiving Party shall immediately sequester the

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document (if not already sequestered) and shall not review or use that document, or

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any work product containing information taken from that document, for any purpose

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Non-Party, if requested.

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until the claim is resolved. The Parties shall meet and confer regarding any clawback

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request.

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This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the

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parties may incorporate their agreement in the stipulated protective order submitted

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to the court.

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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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Further, the production of privileged or work-product protected documents,

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electronically stored information (ESI) or information, whether inadvertent or

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otherwise, is not a waiver of the privilege or protection from discovery in this case

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or in any other federal or state proceeding.

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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 privilege

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

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

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

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and/or protected information before production.

F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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12.

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.

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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. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5, including Local Rule

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79-5.2.2. Protected Material may only be filed under seal pursuant to a court order

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authorizing the sealing of the specific Protected Material at issue. If a Party's request

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

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may file the information in the public record unless otherwise instructed by the court.

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12.4 Data Security. The Parties agree to provide adequate security to protect

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data produced by the other party(ies) or by non-parties. This includes secure data

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storage systems, established security policies, and security training for employees,

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contractors and experts. Adequate security also includes such measures as data

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encryption in transit, data encryption at rest, data access controls, and physical

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security, whether hosted/outsourced to a vendor or on premises. At a minimum, any

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receiving party subject to the terms of this 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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13.

FINAL DISPOSITION

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

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

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all Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,

F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

MISCELLANEOUS

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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

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

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Party must submit a written certification to the Producing Party (and, if not the same

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person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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(by category, where appropriate) all the Protected Material that was returned or

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destroyed and (2)affirms that the Receiving Party has not retained any copies,

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

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of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if such

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

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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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14.

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

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sanctions.

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

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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Dated: March 10, 2025

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By: /s/ Mohammad B. Shihabi
MOHAMMAD B. SHIHABI
LAWRENCE GEIST
Attorney for Defendant
WAL-MART ASSOCIATES INC.

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Respectfully submitted,
FORD & HARRISON LLP

Dated: March 10, 2025

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Respectfully submitted,
ROMERO LAW APC
By: /s/ Sara Simms
ALAN JAMES ROMERO
SARA SIMMS
Attorneys for Plaintiff
ISABEL RODRIGUEZ

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: March 10, 2025

Honorable David T. Bristow

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F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

- 17 -

STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4

I,

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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 was

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

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on [date] in the case of Isabel Rodriguez v. Wal-Mart Associates, Inc., Case No. 5:24-

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cv-01998-SSS-DTB. 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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

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termination of this action. I hereby appoint ___________________________ [print

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or type full name] of ______________________________________ [print or type

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

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

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Stipulated Protective Order.

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Date: ____________________________________

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City and State where sworn and signed: _______________________________

[print or type full name], of

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Printed name:

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Signature:

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F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

ATTESTATION CLAUSE

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I, Mohammad B. Shihabi, and the ECF user whose ID and password are being
used to file this Joint Stipulation Re Entry of Protective Order and [Proposed] Order,
in compliance with Civil Local Rule 5-4.3.4 (a)(2)(i), hereby attest that Attorneys for
Plaintiff, Sara Simms of Romero Law APC, concurred with this filing.
DATED: March 6, 2025

FORD & HARRISON LLP
By:

/s/ Mohammad B. Shihabi
MOHAMMAD B. SHIHABI

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F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

STIPULATION RE: ENTRY OF PROTECTIVE ORDER; [PROPOSED] ORDER

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CERTIFICATE OF SERVICE

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I, Derek Cruz, declare that I am a citizen of the United States and employed in
Los Angeles County, California. I am over the age of eighteen years and not a party
to the within-entitled action. My business address is 350 South Grand Avenue, Suite
2300, Los Angeles, California 90071. On March 10, 2025, I served a copy of the
within document(s):

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STIPULATION RE: ENTRY OF PROTECTIVE ORDER;
[PROPOSED] ORDER
? ELECTRONICALLY:

I caused a true and correct copy thereof to be
electronically filed using the Court’s Electronic Court Filing ("ECF") System and
service was completed by electronic means by transmittal of a Notice of
Electronic Filing on the registered participants of the ECF System.

? BY E-MAIL OR ELECTRONIC TRANSMISSION: I electronically served

the documents on the date shown below to the e-mail addresses of the person
listed above. I did not receive within a reasonable time after the transmission any
electronic message or other indication that the transmission was unsuccessful.
Alan Romero (SBN 249000)
[e-mail]
Sara Simms(SBN 268011)
[e-mail]
ROMERO LAW, APC
251 South Lake Avenue, Suite 930
Pasadena, CA 91101-4873
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff,
ISABEL RODRIGUEZ

I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
Executed on March 10, 2025, at Los Angeles, California.
Derek Cruz

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F ORD & H ARRISON
LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

CERTIFICATE OF SERVICE