Omerovic et al v. Wal-Mart Stores, Inc.

Filing 22

ORDER APPROVING STIPULATION (Dkt 19 ) FOR PROTECTIVE ORDER. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SHAWN OMEROVIC and BRITTANY
OMEROVIC on behalf of their minor
child, S.O.,

Case No. 1:16-CV-00087-BLW
ORDER APPROVING
STIPULATION FOR PROTECTIVE
ORDER

Plaintiff,
v.
WAL-MART STORES, INC., a Delaware
Corporation,
Defendant.

Pending before the Court is the parties’ Stipulation for Protective Order (Dkt. 19).
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and for good cause
shown, the Stipulation (Dkt. 19) is hereby APPROVED and the following Protective
Order shall govern this litigation:
PROTECTIVE ORDER
1.

The Protective Order shall govern all materials deemed to be “Confidential
Information.” Such Confidential Information shall include the following:
(a)

Any and all documents referring or related to confidential and
proprietary human resources or business information; financial records
of the parties; compensation of Defendant’s current or former personnel;

ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER - 1

policies, procedures and/or training materials of Defendant; and/or
Defendant’s organizational structure;
(b)

Any documents from the personnel, medical or workers’ compensation
file of any current or former employee or contractor;

(c)

Any documents relating to the medical and/or health information of any
of Defendant’s current or former employees or contractors;

(d)

Any portions of depositions (audio or video) where Confidential
Information is disclosed or used as exhibits.

2.

In the case of documents and the information contained therein, designation of
Confidential Information produced shall be made by placing the following legend
on the face of the document and each page so designated “CONFIDENTIAL” or
otherwise expressly identified as confidential. Defendant will use its best efforts to
limit the number of documents designated Confidential.

3.

Confidential Information shall be held in confidence by each qualified recipient to
whom it is disclosed, shall be used only for purposes of this action, shall not be
used for any business purpose, and shall not be disclosed to any person who is not
a qualified recipient. All produced Confidential Information shall be carefully
maintained so as to preclude access by persons who are not qualified recipients.

4.

Qualified recipients shall include only the following:
(a)

In-house counsel and law firms for each party and the secretarial,
clerical and par alegal staff of each;

(b)

Deposition notaries and staff;

ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER - 2

(c)

Persons other than legal counsel who have been retained or specially
employed by a party as an expert witness for purposes of this lawsuit or
to perform investigative work or fact research;

(d)

Deponents during the course of their depositions or potential witnesses
of this case; and

(e)
5.

The parties to this litigation, their officers and professional employees.

Each counsel shall be responsible for providing notice of the Protective Order and
the terms therein to persons to whom they disclose “Confidential Information,” as
defined by the terms of the Protective Order.

6.

Persons to whom confidential information is shown shall be informed of the terms
of this Order and advised that its breach may be punished or sanctioned as
contempt of the Court. Such deponents may be shown Confidential materials
during their deposition but shall not be permitted to keep copies of said
Confidential materials nor any portion of the deposition transcript reflecting the
Confidential Information.

7.

If either party objects to the claims that information should be deemed
Confidential, that party’s counsel shall inform opposing counsel in writing within
thirty (30) days of receipt of the Confidential materials that the information should
not be so deemed, and the parties shall attempt first to dispose of such disputes in
good faith and on an informal basis. If the parties are unable to resolve their
dispute, they may present a motion to the Court objecting to such status. The

ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER - 3

information shall continue to have Confidential status during the pendency of any
such motion.
8.

No copies of Confidential Information shall be made except by or on behalf of
attorneys of record, in-house counsel or the parties in this action. Any person
making copies of such information shall maintain all copies within their
possession or the possession of those entitled to access to such information under
the Protective Order.

9.

The parties agree that Confidential Material filed with the Court will be
accompanied by a motion to seal and that the party seeking to file Confidential
Material shall use their best efforts to obtain Court approval consistent with the
Ninth Circuit standards for sealing. See Kamakana v. City and County of
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

10.

All information produced in this action, whether deemed Confidential or not, shall
be used only for purposes of this litigation and not for any other purpose.

11.

The termination of this action shall not relieve the parties and persons obligated
hereunder from their responsibility to maintain the confidentiality of information
designated confidential pursuant to this Order.

12.

Upon termination of this action by entry of a final judgment (inclusive of any
appeals or petitions for review), the parties may request the return of all previously
furnished Confidential Information, including any copies thereof, and each person
or party to whom such Confidential Information has been furnished or produced
shall be obligated to return it within thirty (30) days of said request.

ORDER APPROVING STIPULATION FOR PROTECTIVE ORDER - 4

13.

Nothing in this Order shall be construed as an admission as to the relevance,
authenticity, foundation or admissibility of any document, material, transcript, or
other information.

14.

Nothing in the Protective Order shall be deemed to preclude any party from
seeking and obtaining, on an appropriate showing, a modification of this Order.

DATED: November 28, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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