Guerrero v. Wal-Mart Stores Inc

Filing 10

STIPULATED PROTECTIVE ORDER. Signed by Senior Judge Lonny R. Suko. (LR, Case Administrator)

Honorable Lonny R. Suko

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ABRAHAM GUERRERO,
Plaintiff,

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No. 15-cv-03060LRS
STIPULATED PROTECTIVE ORDER

v.

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WAL-MART STORES, INC., a ForProfit Corporation,

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Defendant.

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Defendant in the above-captioned lawsuit possesses information related to the
subject matter of this action that is confidential and the parties recognize that in the
course of discovery proceedings it may be necessary to disclose such information.
The parties agree that such confidential information is properly usable by other parties
solely in connection with these proceedings and wish to ensure that all such
information shall be kept confidential and shall not be used for any purpose other than
the proceedings in this case. Accordingly, pursuant to Federal Rule of Civil
Procedure 26(c), to protect the trade secrets and confidential business information of
Defendant, the parties to this action, by and through their respective counsel, hereby
stipulate to the following protective order (“Protective Order”) for the protection of

STIPULATED PROTECTIVE ORDER - 1

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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confidential information, documents, and other things produced or given as part of the

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disclosure, discovery or litigation process.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

When used in this Order, the word “documents” means all written,

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recorded electronic or graphic matter whatsoever, however created and whatever the

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medium on which it was produced or reproduced.

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2.

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(a) Business information of a proprietary or confidential kind or character; and

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(b) that is produced or disclosed in response to interrogatories, requests for

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production or documents or tangible things, subpoenas, questioning at depositions or

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other testimony, or otherwise in connection with responses to demands for discovery;

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and

“Confidential Information,” as used herein, means:

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(c) that is designated as “Confidential” and in accordance with this Stipulation

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and Protective Order. In designating information as “Confidential”, a party will make

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such designation only as to that information that in good faith it believes contains

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confidential information entitled to the disclosure limitations provided by this

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Protective Order.

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3.

The parties and their counsel shall not use the Confidential Information

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provided to them for any purpose other than this lawsuit, or any of its appeals,

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obtained pursuant to discovery in the above-entitled action.

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4.

The Confidential Information produced under this Stipulated Protective

Order may be reviewed only by:

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A.

The parties;

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STIPULATED PROTECTIVE ORDER - 2

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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B.

The attorneys in this case for the party receiving the information and

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their regularly employed staff including secretaries, legal assistants,

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paralegals and legal copy services;

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C.

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deposition exhibit or otherwise produced in a deposition.
D.

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Court Reporters should the confidential information be marked as a

Experts retained by the parties as consulting experts or testifying
experts.

E.

As to the parties and their counsel, they will be bound by and will honor

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all conditions and provisions of this Stipulation and Protective Order.

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They will provide the persons, described in D, with a copy of this

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Stipulation and Protective Order and require them to agree to comply

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with its terms and have them sign Exhibit A, attached, Agreement to Be

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Bound by Protective Order.

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F.

Any witness who is an employee or former employee of Wal-Mart may

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be questioned about the Confidential Information during his or her

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deposition.

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G.

Any confidential document may be raised or discussed in the Courtroom

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subject to such rulings as the Court may direct regarding such

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documents.

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5.

Any person not listed in paragraph 4 is precluded from access to the

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Confidential Information. The parties, and their counsel, and the other individuals

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identified in paragraph 4 who receive Confidential Information are precluded from

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sharing the substance or content of the Confidential Information with any other

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individuals or entities. To prevent unnecessary disclosure the parties agree that no

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non-party fact witnesses may attend depositions as observers.
STIPULATED PROTECTIVE ORDER - 3

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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Designations of information as “Confidential” shall be made as follows:
(a)

In the case of documents produced by a party, or in a party’s

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written responses to discovery requests, by informing the opposing party in writing

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that the documents are designated Confidential or by conspicuously stamping page

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containing such information with the appropriate designation except that where the

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whole of a document contains Confidential Information the designation on the first

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page of the document is sufficient;

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(b)

In the case of documents produced by nonparties, by providing a

notice in writing to all other parties so identifying such documents within ten (10)
business days after receiving copies of such produced documents;
(c)

In the case of deposition testimony, by a statement on the record at

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or reasonably near the time of such testimony. A party may also designate deposition

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testimony as “Confidential” within ten (10) days of receipt of the written transcript of

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such testimony.

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(d)

In producing original files and records for inspection, no marking

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need be made by the producing party in advance of the inspection. Thereafter, upon

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selection of specified documents for copying by the inspection party, the producing

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party shall mark as “Confidential” the copies of such documents as may contain

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Confidential Information at the time the copies are produced to the inspecting party or

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may inform the other party in writing which documents are confidential.

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(e)

Subject to the future terms of a formal agreement between the

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parties concerning the reasonable scope and parameters of electronic discovery, to the

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extent such information exists, in producing non-paper media (e.g., audiotape,

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computer disks, devices, etc.), the outside of the medium or its container, if any, shall

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be conspicuously marked with the proper designation. Documents on non-paper
STIPULATED PROTECTIVE ORDER - 4

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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media shall be marked, when possible, manual electronically-applied “Confidential”

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designations as set forth in (a).

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(f)

A non-party may claim the protection of this Protective Order for

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Confidential Information that it provides pursuant to discovery demands in this action

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by designating such information in accordance with the provisions of this Paragraph

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of this Protective Order.

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7.

Except as provided in this paragraph, the Confidential Information shall

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not be filed by the parties as public record with the court, unless 8 days advance

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notice is given to the designating party’s counsel.

The party asserting any

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confidentiality right under this Order hereby consents that the date for hearing on any

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motion in which the other party seeks to use Confidential Information may be

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extended, upon that party's request, to allow for the notice provision stated herein.

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8.

Nothing in this Stipulated Protective Order shall prejudice or preclude

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any party from applying to the court for additional or different protective relief in

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respect of the Confidential Information, should the need arise during this litigation,

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nor shall anything in this Stipulated Protective Order preclude or prevent any party

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from seeking relief from the court pursuant to the terms of this Protective Order or in

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respect of other discovery requests. This Protective Order does not affect or alter a

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party’s rights to refuse to produce information properly subject to the attorney-client

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privilege or attorney work-product doctrine, or otherwise object to, and seek relief

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from, another party’s discovery requests.

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9.

Nothing herein shall prevent disclosure beyond the terms of this Order if

each party designating the information as “Confidential” consents to such disclosure
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The provisions of this Order shall not terminate at the conclusion of this

litigation. The confidential information shall be returned to counsel for the party
STIPULATED PROTECTIVE ORDER - 5

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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providing it or destroyed within thirty (30) days following completion of this lawsuit,

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including any appellate review.

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Dated: December 8, 2015

/s/ Favian Valencia
Favian Valencia, WSBA No. 43802
[e-mail]
SUNLIGHT LAW, PLLC
402 E Yakima Avenue, Suite 730
Yakima, WA 98901
Phone: [phone]
Fax: [phone]
Of Attorneys for Plaintiff

Dated: December 8, 2015

/s/ Erin J. Varriano
One of the Attorneys for Defendant WalMart Stores, Inc.
Erin J. Varriano, WSBA #40572
[e-mail]
Wood, Smith, Henning & Berman LLP
520 Pike Street, Suite 1525
Seattle, WA 98101
Telephone: [phone]
Of Attorneys for Defendant Wal-Mart
Stores, Inc.

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ORDER
Based on the foregoing stipulation, IT IS SO ORDERED.
DONE IN OPEN COURT this 15th day of December, 2015.

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s/Lonny R. Suko
__________________________________
Lonny R. Suko
Senior U.S. District Court Judge

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STIPULATED PROTECTIVE ORDER - 6

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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Exhibit A
Agreement To Be Bound By Protective Order

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I, the undersigned, hereby certify I have read the attached Stipulated Protective
Order entered in Guerrero v. Wal-Mart Stores, Inc., I understand that Confidential
Material is being provided to me pursuant to the terms of this Stipulated Protective
Order. I understand the terms of this Stipulated Protective Order. I agree to be bound
by such terms and to submit to the personal jurisdiction of the United States District
Court for the Eastern District of Washington with respect to any proceeding related to
the enforcement of this Stipulated Protective Order, including any proceedings related
to contempt of Court. I will not disclose Confidential Material to anyone other than
persons specifically authorized by the Order or use the Confidential Material for any
purpose not appropriate or necessary to my participation in this case. I will maintain
all such Confidential Material including copies, notes, or other transcriptions made
therefrom in a secure manner to prevent unauthorized access to it. I will return the
Confidential Material including copies, notes, or other transcriptions made therefrom
to the counsel from whom I received such materials.
I certify that I am not engaged in business as a competitor of any person or
entity currently a party to this action. If, at any time after I execute this Consultant
Certification and during the pendency of the Action, I become engaged in business as
or for a competitor of any person or entity currently a party to this action, I will
promptly inform the attorneys for the party who retained me in this action, and I will
not thereafter review any Covered Matter marked “CONFIDENTIAL” or

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STIPULATED PROTECTIVE ORDER - 7

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” unless and until the Court in the

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action orders otherwise.

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I declare under penalty of perjury that the foregoing is true and correct.
Name of Individual:
Company or Firm:

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Address:

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Telephone No.:

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Relationship to this action and its parties:

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Dated:

Signature

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LEGAL:10366-0038/5176422.1

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STIPULATED PROTECTIVE ORDER - 8

WOOD, SMITH, HENNING & BERMAN LLP
520 Pike Street, Suite 1525
Seattle, Washington 98101-4001
206-204-6800