Foster v. Walmart Stores Inc

Filing 13

ORDER GRANTING STIPULATED MOTION FOR PROTECTIVE ORDER; granting 12 Stipulated MOTION for Protective Order. Signed by Judge Salvador Mendoza, Jr. (CV, Case Administrator)

1

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

2

Oct 22, 2015
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

3
4

JESSICA FOSTER,

No. 2:15-CV-0083-SMJ

5
Plaintiff,
ORDER GRANTING
STIPULATED MOTION FOR
PROTECTIVE ORDER

6
v.
7
8

WALMART STORES, INC., a
Delaware corporation,
Defendant.

9
10

Before the Court, without oral argument, is Defendant Walmart Stores,
11
Inc.’s Motion for Entry of Stipulated Protective Order, ECF No. 12. Having
12
reviewed the pleadings and the file in this matter, the Court is fully informed,
13
grants the motion, and enters the following stipulated protective order. The Court
14
need not make a finding of good cause before issuing this stipulated protective
15
order. In re Roman Catholic Archbishop of Portland in Oregon, 661 F.3d 417,
16
424 (9th Cir. 2011).
17
Defendant in the above-captioned lawsuit possesses information related to
18
the subject matter of this action that is confidential and the parties recognize that
19
in the course of discovery proceedings it may be necessary to disclose such
20
information. The parties agree that such confidential information is properly

ORDER - 1

1

usable by other parties solely in connection with these proceedings and wish to

2

ensure that all such information shall be kept confidential and shall not be used for

3

any purpose other than the proceedings in this case. Accordingly, pursuant to

4

Federal Rule of Civil Procedure 26(c), to protect the trade secrets and confidential

5

business information of Defendant, the parties to this action, by and through their

6

respective counsel have stipulated to the following protective order for the

7

protection of confidential information, documents, and other things produced or

8

given as part of the disclosure, discovery, or litigation process.

9

1. When used in this Order, the word "documents" means all written,

10

recorded electronic or graphic matter whatsoever, however created and whatever

11

the medium on which it was produced or reproduced.

12

2. "Confidential Information," as used herein, means:

13

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

14

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

15

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

16

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

17

discovery; and

18

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

19

Protective Order. In designating information as "Confidential", a party will make

20

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

ORDER - 2

1

confidential information entitled to the disclosure limitations provided by this

2

Protective Order.

3

3. The parties and their counsel shall not use the Confidential Information

4

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

5

obtained pursuant to discovery in the above-entitled action.

6
7

4. The Confidential Information produced under this Stipulated Protective
Order may be reviewed only by:

8

A. The parties;

9

B. The attorneys in this case for the party receiving the

10

information and their regularly employed staff including secretaries,

11

legal assistants, paralegals and legal copy services;
C.

12

Court Reporters should the confidential information be

13

marked as a deposition exhibit or otherwise produced in a deposition.

14

D. Experts retained by the parties as consulting experts or

15

testifying experts.

16

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

17

and will honor all conditions and provisions of this Stipulation and

18

Protective Order. They will provide the persons, described in D, with

19

a copy of this Stipulation and Protective Order and require them to

20

ORDER - 3

1

agree to comply with its terms and have them sign Exhibit A,

2

attached, Agreement to Be Bound by Protective Order.

3

F. Any witness who is an employee or former employee of

4

Wal-Mart may be questioned about the Confidential Information

5

during his or her deposition.

6

G. Any confidential document may be raised or discussed in

7

the Courtroom subject to such rulings as the Court may direct

8

regarding such documents.

9

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

10

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

11

identified in paragraph 4 who receive Confidential Information are precluded from

12

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

13

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

14

non-party fact witnesses may attend depositions as observers.

15

6. Designations of information as "Confidential" shall be made as follows:

16

(a) In the case of documents produced by a party, or in a party's written responses

17

to discovery requests, by informing the opposing party in writing that the

18

documents are designated Confidential or by conspicuously stamping page

19

containing such information with the appropriate designation except that where

20

ORDER - 4

1

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

2

first page of the document is sufficient;

3

(b) In the case of documents produced by nonparties, by providing a notice in

4

writing to all other parties so identifying such documents within ten (10) business

5

days after receiving copies of such produced documents;

6

(c) In the case of deposition testimony, by a statement on the record at or

7

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

8

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

9

of such testimony.

10

(d) In producing original files and records for inspection, no marking need be

11

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

12

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

13

producing party shall mark as "Confidential" the copies of such documents as may

14

contain Confidential Information at the time the copies are produced to the

15

inspecting party or may inform the other party in writing which documents are

16

confidential.

17

(e) Subject to the future terms of a formal agreement between the parties

18

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

19

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

20

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

ORDER - 5

1

shall be conspicuously marked with the proper designation. Documents on non-

2

paper media shall be marked, when possible, manual electronically-applied

3

"Confidential" designations as set forth in (a).

4

(f) A non-party may claim the protection of this Protective Order for Confidential

5

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

6

designating such information in accordance with the provisions of this Paragraph

7

of this Protective Order.

8

7. Except as provided in this paragraph, the Confidential Information shall

9

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

10

notice is given to the designating party's counsel. The party asserting any

11

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

12

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

13

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

14

8. Nothing in this Stipulated Protective Order shall prejudice or preclude

15

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

16

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

17

litigation, nor shall anything in this Stipulated Protective Order preclude or

18

prevent any party from seeking relief from the court pursuant to the terms of this

19

Protective Order or in respect of other discovery requests. This Protective Order

20

does not affect or alter a party's rights to refuse to produce information properly

ORDER - 6

1

subject to the attorney-client privilege or attorney work-product doctrine, or

2

otherwise object to, and seek relief from, another party's discovery requests.

3

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

4

each party designating the information as "Confidential" consents to such

5

disclosure

6

10. The provisions of this Order shall not terminate at the conclusion of this

7

litigation. The confidential information shall be returned to counsel for the party

8

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

9

lawsuit, including any appellate review.

10
11
12
13
14

Accordingly, IT IS HEREBY ORDERED: Defendant’s Motion for Entry
of Stipulated Protective Order, ECF No. 12, is GRANTED.
IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 22nd day of October 2015.

15
__________________________
SALVADOR MENDOZA, JR.
United States District Judge

16
17
18
19
20

ORDER - 7

1
2
Exhibit A

3
4

Agreement To Be Bound By Protective Order
I, the undersigned, hereby certify I have read the attached Stipulated Protective
Order entered in Foster v. Wal-Mart Stores, Inc., I understand that Confidential

5
6
7

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

8

to the enforcement of this Stipulated Protective Order, including any proceedings

9

related to contempt of Court. I will not disclose Confidential Material to anyone other

10

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

11

maintain all such Confidential Material including copies, notes, or other

12

transcriptions made therefrom in a secure manner to prevent unauthorized access to
it. I will return the

13
14
15

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

16

Certification and during the pendency of the Action, I become engaged in business as

17

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

18
19
20

not thereafter review any Covered Matter marked "CONFIDENTIAL" or
"CONFIDENTIAL -ATTORNEYS' EYES ONLY" unless and until the Court in the
action orders otherwise.

ORDER - 8

1
2

I declare under penalty of perjury that the foregoing is true and correct.

3

Name of Individual: ___________________________________________________

4

Company or Firm: _____________________________________________________

5

Address: _____________________________________________________________

6
7
8

Telephone No.: _______________________________________________________
Relationship to this action and its parties: ___________________________________
Dated: ________________________ Signature: _____________________________

9
10
11
12
13
14
15
16
17
18
19
20

ORDER - 9