Walter Hsiao v. Wal-Mart Associates, Inc. et al

Filing 18

PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 15 . (ec)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 WALTER HSIAO, an individual, Plaintiff, 12 v. 13 14 15 WAL-MART ASSOCIATES, INC.; WAL-MART STORES, INC.; DOES 1 to 15, Case No. 8:17-cv-00152-CJC-GJS Assigned to: Hon. Cormac J. Carney STIPULATED PROTECTIVE ORDER Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 1. A. PURPOSES AND LIMITATIONS 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. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth 28 -1- STIPULATED PROTECTIVE ORDER 1 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 2 file confidential information under seal; Civil Local Rule 79-5 sets forth the 3 procedures that must be followed and the standards that will be applied when a 4 party seeks permission from the court to file material under seal. 5 6 B. GOOD CAUSE STATEMENT 7 This action is likely to involve commercial, financial, and/or proprietary 8 information for which special protection from public disclosure and from use for 9 any purpose other than prosecution of this action is warranted. Such confidential 10 and proprietary materials and information consist of, among other things, 11 confidential business or financial information, information regarding confidential 12 business practices, or other confidential commercial information (including 13 information implicating privacy rights of third parties), information otherwise 14 generally unavailable to the public, or which may be privileged or otherwise 15 protected from disclosure under state or federal statutes, court rules, case decisions, 16 or common law. Accordingly, to expedite the flow of information, to facilitate the 17 prompt resolution of disputes over confidentiality of discovery materials, to 18 adequately protect information the parties are entitled to keep confidential, to 19 ensure that the parties are permitted reasonable necessary uses of such material in 20 preparation for and in the conduct of trial, to address their handling at the end of the 21 litigation, and serve the ends of justice, a protective order for such information is 22 justified in this matter. It is the intent of the parties that information will not be 23 designated as confidential for tactical reasons and that nothing be so designated 24 without a good faith belief that it has been maintained in a confidential, non-public 25 manner, and there is good cause why it should not be part of the public record of 26 this case. 27 28 -2- STIPULATED PROTECTIVE ORDER 1 2 2. DEFINITIONS 2.1 Action: refers to the Complaint for Damages filed by Plaintiff against 3 WALMART on October 25, 2016 and a First Amended Complaint on December 9, 4 2016 in the Superior Court of California, County of Orange, Case No. 30-2016- 5 00882995, and subsequently removed to the United States District Court for the 6 Central District of California, Case No. 8:17-cv-00152-CJC-GJS. 7 8 9 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 14 15 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are produced 21 or generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve as 24 an expert witness or as a consultant in this Action. 25 2.8 HIGHLY CONFIDENTIAL — ATTORNEY EYES ONLY: 26 information, including a formula, pattern, compilation, program, device, method, 27 technique, or process that: (1) derives independent economic value, actual or 28 potential, from not being generally known to the public or to other persons who can -3- STIPULATED PROTECTIVE ORDER 1 obtain economic value from its disclosure; and (2) is the subject of efforts that are 2 reasonable under the circumstances to maintain its secrecy. This includes any 3 documents containing corporate trade secrets, nonpublic research and development 4 data, pricing formulas, prospective inventory management programs, confidential 5 business information not generally known to the general public, and customer- 6 related information. 7 8 9 2.9 HIGHLY CONFIDENTIAL – SOURCE CODE: information that is, or includes, confidential, proprietary, or trade secret source code. 2.10 House Counsel: attorneys who are employees of a party to this Action. 10 House Counsel does not include Outside Counsel of Record or any other outside 11 counsel. 12 13 14 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.12 Outside Counsel of Record: attorneys who are not employees of a 15 party to this Action but are retained to represent or advise a party to this Action and 16 have appeared in this Action on behalf of that party or are affiliated with a law firm 17 which has appeared on behalf of that party, and includes support staff. 18 2.13 Party: any party to this Action, including all of its officers, directors, 19 employees, consultants, retained experts, and Outside Counsel of Record (and their 20 support staffs). 21 22 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 23 2.15 Professional Vendors: persons or entities that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) 26 and their employees and subcontractors. 27 28 2.16 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” -4- STIPULATED PROTECTIVE ORDER 2.17 Receiving Party: a Party that receives Disclosure or Discovery 1 2 Material from a Producing Party. 3 4 3. SCOPE 5 The protections conferred by this Stipulation and Order cover not only 6 Protected Material (as defined above), but also (1) any information copied or 7 extracted from Protected Material; (2) all copies, excerpts, summaries, or 8 compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the 10 11 trial judge. This Order does not govern the use of Protected Material at trial. 12 13 4. DURATION Even after final disposition of this litigation, the confidentiality obligations 14 15 imposed by this Order shall remain in effect until a Designating Party agrees 16 otherwise in writing or a court order otherwise directs. Final disposition shall be 17 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 18 with or without prejudice; and (2) final judgment herein after the completion and 19 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 20 including the time limits for filing any motions or applications for extension of time 21 pursuant to applicable law. 22 23 24 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Non-Party that designates information or items for protection under 26 this Order must take care to limit any such designation to specific material that 27 qualifies under the appropriate standards. The Designating Party must designate for 28 protection only those parts of material, documents, items, or oral or written -5- STIPULATED PROTECTIVE ORDER 1 communications that qualify so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an improper 6 purpose (e.g., to unnecessarily encumber the case development process or to 7 impose unnecessary expenses and burdens on other parties) may expose the 8 Designating Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 designated for protection do not qualify for protection, that Designating Party must 11 promptly notify all other Parties that it is withdrawing the inapplicable designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in 13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 14 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 15 under this Order must be clearly so designated before the material is disclosed or 16 produced. 17 Designation in conformity with this Order requires: 18 (a) for information in documentary form (e.g., paper or electronic 19 documents, but excluding transcripts of depositions or other pretrial or trial 20 proceedings), that the Producing Party affix at a minimum, the legend 21 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 22 contains protected material. If only a portion or portions of the material on a page 23 qualifies for protection, the Producing Party also must clearly identify the protected 24 portion(s) (e.g., by making appropriate markings in the margins). 25 A Party or Non-Party that makes original documents available for inspection 26 need not designate them for protection until after the inspecting Party has indicated 27 which documents it would like copied and produced. During the inspection and 28 before the designation, all of the material made available for inspection shall be -6- STIPULATED PROTECTIVE ORDER 1 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 2 documents it wants copied and produced, the Producing Party must determine 3 which documents, or portions thereof, qualify for protection under this Order. Then, 4 before producing the specified documents, the Producing Party must affix the 5 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 6 portion or portions of the material on a page qualifies for protection, the Producing 7 Party also must clearly identify the protected portion(s) (e.g., by making 8 appropriate markings in the margins). 9 (b) for testimony given in depositions that the Designating Party identify 10 the Disclosure or Discovery Material on the record, before the close of the 11 deposition all protected testimony. 12 (c) for information produced in some form other than documentary and 13 for any other tangible items, that the Producing Party affix in a prominent place on 14 the exterior of the container or containers in which the information is stored the 15 legend “CONFIDENTIAL.” If only a portion or portions of the information 16 warrants protection, the Producing Party, to the extent practicable, shall identify the 17 protected portion(s). 18 5.3 Inadvertent Failure to Designate. The inadvertent production by any of 19 the undersigned Parties or non-Parties to the Proceedings of any Document, 20 Testimony or Information during discovery in this Proceeding without a 21 “Confidential” designation, shall be without prejudice to any claim that such item is 22 “Confidential” and such Party shall not be held to have waived any rights by such 23 inadvertent production. In the event that any Document, Testimony or Information 24 that is subject to a “Confidential” designation is inadvertently produced without 25 such designation, the Party that inadvertently produced the Document shall give 26 written notice of such inadvertent production within twenty-one (21) days of 27 discovery of the inadvertent production, together with a further copy of the subject 28 Document, Testimony or Information designated as “Confidential” (the -7- STIPULATED PROTECTIVE ORDER 1 “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production 2 Notice, the Party that received the inadvertently produced Document, Testimony or 3 Information shall promptly destroy the inadvertently produced Document, 4 Testimony or Information and all copies thereof, or, at the expense of the producing 5 Party, return such together with all copies of such Document, Testimony or 6 Information to counsel for the producing Party and shall retain only the 7 “Confidential” designated Materials. Should the receiving Party choose to destroy 8 such inadvertently produced Document, Testimony or Information, the receiving 9 Party shall notify the producing Party in writing of such destruction within ten (10) 10 days of receipt of written notice of the inadvertent production. This provision is not 11 intended to apply to any inadvertent production of any Information protected by 12 attorney-client or work product privileges. In the event that this provision conflicts 13 with any applicable law regarding waiver of confidentiality through the inadvertent 14 production of Documents, Testimony or Information, such law shall govern. 15 The disclosure or production of any Documents subject to a legally 16 recognized claim of privilege (including, without limitation, the attorney-client 17 privilege, work-product doctrine, or other applicable privilege) shall be protected 18 and excluded from argument from any party that: 19 (a) the disclosure was not inadvertent by the Producing Party; 20 (b) the Producing Party did not take reasonable steps to prevent the 21 disclosure of privileged Documents; (c) 22 23 such Disclosure; and/or (d) 24 25 the Producing Party did not take reasonable or timely steps to rectify such disclosure acts as a waiver of applicable privileges or protections associated with such Documents. 26 27 28 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a -8- STIPULATED PROTECTIVE ORDER 1 designation of confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. 6.2 3 4 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under 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 14 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A receiving party may use designated material only 16 for this litigation. Designated material may be disclosed only to the categories of 17 persons and under the conditions described in this Order. 18 7.2 Disclosure of CONFIDENTIAL Material Without Further Approval. 19 Unless otherwise ordered by the Court or permitted in writing by the designator, a 20 receiving party may disclose any material designated CONFIDENTIAL only to: 21 22 23 (a) The receiving party’s outside counsel of record in this action and employees of outside counsel of record to whom disclosure is reasonably necessary; (b) The officers, directors, and employees of the receiving party to whom 24 disclosure is reasonably necessary, and who have signed the Agreement to Be 25 Bound (Exhibit A); 26 (c) Experts retained by the receiving party’s outside counsel of record to 27 whom disclosure is reasonably necessary, and who have signed the Agreement to 28 Be Bound (Exhibit A); -9- STIPULATED PROTECTIVE ORDER 1 (d) The Court and its personnel; 2 (e) Outside court reporters and their staff, professional jury or trial 3 consultants, and professional vendors to whom disclosure is reasonably necessary, 4 and who have signed the Agreement to Be Bound (Exhibit A); (f) 5 During their depositions, witnesses in the action to whom disclosure is 6 reasonably necessary and who have signed the Agreement to Be Bound (Exhibit 7 A); 8 9 10 11 12 (g) The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information; and (h) Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 7.3 Disclosure of HIGHLY CONFIDENTIAL — ATTORNEY EYES 13 ONLY and HIGHLY CONFIDENTIAL — SOURCE CODE Material Without 14 Further Approval. Unless permitted in writing by the designator, a receiving party 15 may disclose material designated HIGHLY CONFIDENTIAL — ATTORNEY 16 EYES ONLY or HIGHLY CONFIDENTIAL — SOURCE CODE without further 17 approval only to: 18 (a) The receiving party’s outside counsel of record in this action and 19 employees of outside counsel of record to whom it is reasonably necessary to 20 disclose the information; 21 (b) The Court and its personnel; 22 7.4 Procedures for Approving or Objecting to Disclosure of HIGHLY 23 CONFIDENTIAL — ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL 24 — SOURCE CODE Material to In-House Counsel or Experts. Unless agreed to in 25 writing by the designator: 26 (a) A party seeking to disclose any material designated HIGHLY 27 CONFIDENTIAL — ATTORNEY EYES ONLY to in-house counsel, outside 28 court reporters and their staff, professional jury or trial consultants, mock jurors, - 10 - STIPULATED PROTECTIVE ORDER 1 and/or Professional Vendors to whom disclosure is reasonably necessary for this 2 Action and who have signed the “Acknowledgment and Agreement to Be Bound” 3 (Exhibit A) must first make a written request to the designator providing the full 4 name of the in-house counsel, the city and state of such counsel’s residence, and 5 such counsel’s current and reasonably foreseeable future primary job duties and 6 responsibilities in sufficient detail to determine present or potential involvement in 7 any competitive decision-making. In-house counsel, outside court reports and their 8 staff, professional jury or trial consultants, mock jurors, and/or Professional 9 Vendors are not authorized to receive material designated HIGHLY 10 11 CONFIDENTIAL — SOURCE CODE. (b) A party seeking to disclose to an expert retained by outside counsel of 12 record any information or item that has been designated HIGHLY 13 CONFIDENTIAL — ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL 14 — SOURCE CODE must first make a written request to the designator that (1) 15 identifies the general categories of HIGHLY CONFIDENTIAL — ATTORNEY 16 EYES ONLY or HIGHLY CONFIDENTIAL — SOURCE CODE information that 17 the receiving party seeks permission to disclose to the expert, (2) sets forth the full 18 name of the expert and the city and state of his or her primary residence, (3) 19 attaches a copy of the expert’s current resume, (4) identifies the expert’s current 20 employer(s), (5) identifies each person or entity from whom the expert has received 21 compensation or funding for work in his or her areas of expertise (including in 22 connection with litigation) in the past five years, and (6) identifies (by name and 23 number of the case, filing date, and location of court) any litigation where the 24 expert has offered expert testimony, including by declaration, report, or testimony 25 at deposition or trial, in the past five years. If the expert believes any of this 26 information at (4) - (6) is subject to a confidentiality obligation to a third party, then 27 the expert should provide whatever information the expert believes can be disclosed 28 without violating any confidentiality agreements, and the party seeking to disclose - 11 - STIPULATED PROTECTIVE ORDER 1 the information to the expert shall be available to meet and confer with the 2 designator regarding any such confidentiality obligations. (c) 3 A party that makes a request and provides the information specified in 4 paragraphs 7.4 (a) and (b) above may disclose the designated material to the 5 identified in-house counsel or expert unless, within seven days of delivering the 6 request, the party receives a written objection from the designator providing 7 detailed grounds for the objection. All challenges to objections from the designator shall proceed under Local 8 9 Rule 37-1 through Local Rule 37-4. 10 11 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 12 13 If a Party is served with a subpoena or a court order issued in other litigation 14 that compels disclosure of any information or items designated in this Action as 15 “CONFIDENTIAL,” that Party must: 16 17 18 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order 19 to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall include 21 a copy of this Stipulated Protective Order; and 22 23 24 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 25 the subpoena or court order shall not produce any information designated in this 26 action as “CONFIDENTIAL” before a determination by the court from which the 27 subpoena or order issued, unless the Party has obtained the Designating Party’s 28 permission. The Designating Party shall bear the burden and expense of seeking - 12 - STIPULATED PROTECTIVE ORDER 1 protection in that court of its confidential material and nothing in these provisions 2 should be construed as authorizing or encouraging a Receiving Party in this Action 3 to disobey a lawful directive from another court. 4 5 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 6 7 (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 9 produced by Non-Parties in connection with this litigation is protected by the 10 remedies and relief provided by this Order. Nothing in these provisions should be 11 construed as prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 subject to an agreement with the Non-Party not to produce the Non-Party’s 15 confidential information, then the Party shall: (1) 16 promptly notify in writing the Requesting Party and the Non- 17 Party that some or all of the information requested is subject to a confidentiality 18 agreement with a Non-Party; 19 (2) promptly provide the Non-Party with a copy of the Stipulated 20 Protective Order in this Action, the relevant discovery request(s), and a reasonably 21 specific description of the information requested; and (3) 22 23 24 make the information requested available for inspection by the Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 25 14 days of receiving the notice and accompanying information, the Receiving Party 26 may produce the Non-Party’s confidential information responsive to the discovery 27 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 28 not produce any information in its possession or control that is subject to the - 13 - STIPULATED PROTECTIVE ORDER 1 confidentiality agreement with the Non-Party before a determination by the court. 2 Absent a court order to the contrary, the Non-Party shall bear the burden and 3 expense of seeking protection in this court of its Protected Material. 4 5 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any persons or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 9 writing the Designating Party of the unauthorized disclosures, (b) use its best 10 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 11 person or persons to whom authorized disclosures were made of all the terms of this 12 Order, and (d) request such person or persons to execute the “Acknowledgment and 13 Agreement to Be Bound” that is attached hereto as Exhibit A. 14 15 16 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 18 inadvertently produced material is subject to a claim of privilege or other 19 protection, the obligations of the Receiving Parties are those set forth in Federal 20 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 21 whatever procedure may be established in an e-discovery order that provides for 22 production without prior privilege review. Pursuant to Federal Rule of Evidence 23 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 24 of a communication or information covered by the attorney-client privilege or work 25 product protection, the parties may incorporate their agreement in the stipulated 26 protective order submitted to the court. 27 28 - 14 - STIPULATED PROTECTIVE ORDER 1 2 3 4 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in 7 this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence of any of the material covered by this Protective 9 Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any 11 Protected Material must comply with Civil Local Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of the 13 specific Protected Material at issue. If a Party's request to file Protected Material 14 under seal is denied by the court, then the Receiving Party may file the information 15 in the public record unless otherwise instructed by the court. 16 17 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must 19 return all Protected Material to the Producing Party or destroy such material. As 20 used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the 22 Protected Material. Whether the Protected Material is returned or destroyed, the 23 Receiving Party must submit a written certification to the Producing Party (and, if 24 not the same person or entity, to the Designating Party) by the 60 day deadline that 25 (1) identifies (by category, where appropriate) all the Protected Material that was 26 returned or destroyed and (2) affirms that the Receiving Party has not retained any 27 copies, abstracts, compilations, summaries or any other format reproducing or 28 capturing any of the Protected Material. Notwithstanding this provision, Counsel - 15 - STIPULATED PROTECTIVE ORDER 1 are entitled to retain an archival copy of all pleadings, motion papers, trial, 2 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3 and trial exhibits, expert reports, attorney work product, and consultant and expert 4 work product, even if such materials contain Protected Material. Any such archival 5 copies that contain or constitute Protected Material remain subject to this Protective 6 Order as set forth in Section 4 (DURATION). 7 14. 8 measures including, without limitation, contempt proceedings and/or monetary 9 sanctions. Any violation of this Order may be punished by any and all appropriate 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 DATED: June 2, 2017 14 15 16 /s/ Ben Galante __________________________________ Attorneys for Plaintiff 17 18 DATED: June 6, 2017 19 20 21 /s/ Amber N. Morton _________________________________ Attorneys for Defendant 22 23 24 25 26 27 28 - 16 - STIPULATED PROTECTIVE ORDER 1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 2 3 4 5 Dated: July 5, 2017 _________________________________ GAIL J. STANDISH UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 17 - STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________ [print or type full name], of 4 __________________________ [print or type full address], declare under penalty 5 of perjury that I have read and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of Walter Hsiao v. Wal-Mart Stores, Inc., Case No. 8:17-cv- 8 00152-CJC-GJS. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item 12 that is subject to this Stipulated Protective Order to any person or entity except in 13 strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing the terms of this 16 Stipulated Protective Order, even if such enforcement proceedings occur after 17 termination of this action. I hereby appoint _________________________ [print or 18 type full name] of ______________________________________________ [print 19 or type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement of 21 this Stipulated Protective Order. 22 Date: ____________________________ 23 City and State where sworn and signed: __________________________________ 24 25 Printed name: __________________________ 26 Signature: _____________________________ 27 28 - 18 - STIPULATED PROTECTIVE ORDER

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